CHAPTER THREE

Revenue Cutters and Boats

Sec.

5452. Motor boat for Corpus Christi,

Texas.

5453. Ensigns and pendants.

5454. Immunities of officers.

5455. Punishment by commander.

5456. Revenue-Cutter Service courts;

Sec.

5457. Administration of oaths.
5458. Place of imprisonment.
5459. Arrest, etc., for desertion.
5460. Jurisdiction of civil authorities;
offenses against discipline of
service.

jurisdiction; punishment; pro- 5461. Jurisdiction of civil authorities;
ceedings.
offenses against other laws.

§ 5397. (R. S. § 2747.) Revenue-cutters.

The President may, for the better securing the collection of import or tonnage duties, cause to be maintained so many of the revenuecutters as may be necessary to be employed for the protection of the revenue, the expense whereof shall be paid out of such sum as shall be annually appropriated for the revenue-cutter service, and not otherwise.

Act March 2, 1799, c. 22, §§ 97, 100, 1 Stat. 699, 700. Act March 3, 1845, c. 78, 5 Stat. 795. Act July 20, 1868, c. 177, § 1, 15 Stat. 112.

The President was authorized, in the execution of the laws for the collection of duties, to employ other suitable vessels, in addition to the revenue cutters, by R. S. § 5318, post, § 10160.

The Secretary of the Treasury was authorized to provide and equip two new revenue cutters, and when either of them should be placed in service, one of the revenue cutters previously in service was to be retired, by Act April 21, 1910, c. 182, §§ 1, 3, 36 Stat. 326.

Appropriations for the Revenue-Cutter Service are made in the annual sundry civil appropriation acts. The provisions for the fiscal year 1914 were by Act June 23, 1913, c. 3, § 1, 38 Stat. 19.

§ 5398. (R. S. § 2748.) Useless cutters may be sold.

The President may from time to time cause such of the revenuecutters as have become unfit for further service to be sold; and the proceeds shall be paid into the Treasury: Provided, That the Secretary of the Treasury may apply, in the purchase or construction of revenue-cutters, any unexpended balance of the proceeds of revenuecutters sold by him under the authority of section two of the act of twentieth April, eighteen hundred and sixty-six, chapter sixty-three. Act March 2, 1799, c. 22, § 100, 1 Stat. 700. Act April 20, 1866, c. 63, § 2, 14 Stat. 40.

Other provisions relating to the disposition of the proceeds of the sale of revenue cutters were made by R. S. §§ 3618, 3692, post, §§ 6609, 6808, which were made up in part from section 2 of the Act of April 20, 1866, c. 63, mentioned here.

§ 5399. (R. S. § 2749.) Number of officers and men.

The officers for each revenue-vessel shall be one captain, and one first, one second, and one third lieutenant, and for each steam-vessel, in addition, one engineer and one assistant engineer; but the Secretary of the Treasury may assign to any vessel a greater number of officers whenever in his opinion the nature of the service which she is directed to perform requires it. And vessels of both descriptions shall have such number of petty officers and men as in the opinion of the Secretary are required to make them efficient for their service. Act July 25, 1861, c. 20, § 2, 12 Stat. 275.

The appointment of the officers named in this section, and of other officers

of the revenue-cutter service, was provided for by R. S. §§ 2751, 2752, post, § 5412.

The number, rank, pay, etc., of commissioned officers of the Revenue-Cutter Service were prescribed, and provisions for their appointment, promotion, retirement, etc., were made, by R. S. §§ 2751, 2752, Act April 12, 1902, c. 501, §§ 1-9, Act June 23, 1906, c. 3520, §§ 1, 3, 5, 6, and Act April 16, 1908, c. 145, 88 1-7, 9, 13, post, §§ 5400-5427.

(R. S. § 2750. Superseded.)

This section as enacted in the Revised Statutes was as follows:

"The grades of engineers shall be chief engineer, and first and second assistant engineer, with the pay and relative rank of first, second and third lieutenant, respectively."

It was superseded by the provisions relating to the grades of engineers in the service made by Act April 12, 1902, c. 501, § 1, Act June 23, 1906, c. 3520, § 3, and Act April 16, 1908, c. 145, §§ 1, 10, set forth post, §§ 5401, 5408, 5431.

§ 5400. (R. S. § 2751.) Appointment of commissioned officers. The commissioned officers of the revenue-cutter service shall be appointed by the President, by and with the advice and consent of the Senate.

Act Feb. 4, 1863, c. 20, § 1, 12 Stat. 639.

§ 5401. (Act April 12, 1902, c. 501, § 1.) Commissioned officers. On and after the passage of this Act the commissioned officers of the Revenue-Cutter Service shall be as follows: Captains, first lieutenants, second lieutenants, third lieutenants, captain of engineers, chief engineers, first assistant engineers, second assistant engineers, and constructor; and the captain of engineers, [chief engineers, first assistant engineers, second assistant engineers] shall have the rank of captain, first, second, and third lieutenants, respectively; and the constructor shall have the rank of first lieutenant: Provided, however, There shall be no increase in the number of officers upon the active list over the present number in each class or grade. (32 Stat. 100.)

This was the first section of an act entitled "An act to promote the efficiency of the Revenue-Cutter Service," cited above.

Other sections of the act are set forth post, §§ 5402, 5413, 5415, 5419-5423. The provisions of this act relating to grades of engineers and pay of officers superseded those of R. S. §§ 2750, 2753.

This act also superseded the provisions for a constructor made by Act July 1, 1898, c. 546, § 1, 30 Stat. 604.

A captain commandant to act as chief of division of Revenue-Cutter Service, six senior captains, and an engineer in chief and six senior engineers, were authorized to be appointed from the active lists of captains and of engineer officers of certain grades, respectively, and after such appointments were made the active lists of captains and of engineer officers with the rank of first lieutenant, were to remain at 31 and 28, respectively, by Act April 16, 1908, c. 145, §§ 1-3, set forth post, §§ 5405-5407.

The office of captain of engineers was abolished, and the appointment of an engineer in chief was authorized, by provisions of Act Feb. 27, 1906, c. 510, 34 Stat. 30; but these provisions were superseded by those for the appointment of an engineer in chief made by Act April 16, 1908, c. 145, § 1, set forth post, § 5405.

Engineer officers having the rank of captain, first lieutenant, second lieutenant, or third lieutenant were to have the title of captain of engineers, first lieutenant of engineers, second lieutenant of engineers, and third lieutenant of

engineers, respectively, and the words of this section, "chief of engineer, first assistant engineer," and "second assistant engineer," inclosed in brackets, were superseded by the abolition of the titles of chief engineer, first assistant engineer, and second assistant engineer by Act April 16, 1908, c. 145, § 10, set forth post, § 5409.

The number of officers on the active list in the grade of third lieutenant was not to exceed 37, by Act June 23, 1906, c. 3520, § 1, set forth post, § 5403; but the number was increased 5 by Act April 16, 1908, c. 145, § 13, set forth post, 5410.

The number of cadets of the line was regulated, and the qualifications and requisites for appointment as such were prescribed, by Act June 23, 1906, c. 3520, § 2, set forth post, § 5427; and the appointment of two civilian instructors in the service is authorized, by section 4 of said act, also set forth post, § 5411.

For appointment into the grade of second assistant engineer, service of a probationary term as cadet engineer was required, and certain limits of age were prescribed as a qualification, by Act June 23, 1906, c. 3520, § 3, set forth post, § 5431.

The commissioning of a chief engineer of the service as a constructor for engineering duty was authorized by Act June 23, 1906, c. 3520, § 6, set forth post, § 5404.

Enlistments and punishments in the service were regulated by Act May 26, 1906, c. 2556, §§ 2-7, set forth post, §§ 5455-5461.

§ 5402. (Act April 12, 1902, c. 501, § 2.) Rank of officers; co-operation with Navy.

The said commissioned officers shall rank as follows: Captains with majors in the Army and lieutenant-commanders in the Navy; first lieutenants with captains in the Army and lieutenants in the Navy; second lieutenants with first lieutenants in the Army and lieutenants (junior grade) in the Navy; third lieutenants with second lieutenants in the Army and ensigns in the Navy: Provided, That whenever forces of the Navy and Revenue-Cutter Service shall be serving in cooperation pursuant to law (section twenty-seven hundred and fifty-seven, Revised Statutes), the officers of the Revenue-Cutter Service shall rank as follows: Captains with and next after lieutenant-commanders in the Navy; first lieutenants with and next after lieutenants in the Navy; second lieutenants with and next after lieutenants (junior grade) in the Navy; third lieutenants with and next after ensigns in the Navy: Provided further, That no provision of this Act shall be construed as giving any officer of the Revenue-Cutter Service military or other control at any time over any vessel, officer, or man of the naval service. Nor shall any naval officer exercise such military or other control over any vessel, officer, or man of the Revenue-Cutter Service, except by direction of the President. (32 Stat. 100.)

See notes to section 1 of this act, ante, § 5401.

R. S. § 2757, mentioned in this section, is set forth post, § 5440. Provisions as to the rank of the captain commandant, senior captains, engineer in chief, and senior engineers authorized by Act April 16, 1908, c. 145, were made by section 1 of that act, set forth post, § 5405.

The burial of officers, dying in the service, etc., in national cemeteries, was authorized by a provision of Act March 4, 1911, c. 285, § 1, set forth post, § 5439.

Before this act, officers of the Revenue-Cutter Service, when serving as part of the Navy, had relative rank with officers of the Navy, by R. S. § 1492. COMP.ST.'13-151

(2401)

§ 5403. (Act June 23, 1906, c. 3520, § 1.) Third lieutenants; restriction on number; promotion of cadets.

On and after the passage of this Act the number of officers on the active list in the grade of third lieutenant in the Revenue-Cutter Service shall not exceed thirty-seven: Provided, That until such time as the grade of third lieutenant shall be filled as provided in this Act there may be advanced to that grade any cadet of the line who has served not less than two years as such cadet, and is recommended for advancement by the Secretary of the Treasury. (34 Stat. 452.)

This was the first section of an act entitled "An act to promote the efficiency of the Revenue-Cutter Service," cited above.

§ 5404. (Act June 23, 1906, c. 3520, § 6.) Constructor, to be selected from chief engineers.

A [chief engineer] of the Revenue-Cutter Service, to be selected for his special ability in naval construction from the present list of [chief engineers] by the Secretary of the Treasury, may be commissioned a constructor for engineering duty in said Service with the rank, pay, and emoluments now provided by law for a [chief engineer] Provided, That the vacancy created in the list of [chief engineers] by such transfer shall not be filled by promotion or otherwise, but the number of [chief engineers] now authorized by law shall be reduced by one, and that no additional expense shall be incurred by reason of commissioning such [chief engineer] a constructor. (34 Stat. 453.)

See note to section 1 of this act, ante, § 5403.

Previous provisions relating to chief engineers and a constructor were made by Act April 12, 1902, c. 501, § 1, set forth ante, § 5401.

The words of this section, "chief engineer," and "chief engineers," inclosed in brackets, were superseded by the abolition of the title of chief engineer and the change of titles of engineer officers by Act April 16, 1908, c. 145, § 10, set forth post, § 5409.

The rank and pay of chief engineer were that of lieutenant, by Act April 12. 1902, c. 501, § 1, ante, § 5401.

§ 5405. (Act April 16, 1908, c. 145, § 1.) Captain commandant; chief of division; engineer in chief; senior captains and engineers; rank and pay; duties; filling vacancies.

On and after the passage of this Act the President be, and is hereby, authorized to appoint in the Revenue-Cutter Service, by and with the advice and consent of the Senate, one captain commandant for a period of four years who may be reappointed for further periods of four years each, who shall act as chief of the division of Revenue-Cutter Service, with the rank of a colonel in the Army and a captain in the Navy, and who shall have the pay and allowances of a colonel in the Army; six senior captains, who shall perform duty in connection with the construction of vessels and the inspection of their armament and crews and such other duties as the Secretary of the Treasury or the President may prescribe, each with the rank of a lieutenant-colonel in the Army and a commander in the Navy, and who shall each have the pay and allowances of a lieutenant-colonel in the Army; one engineer in chief for a period