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Admiral BILLARD. Mr. Chairman, I am sure I need not say that this most regrettable and unfortunate accident is deeply regretted by all the officers and men in the Coast Guard, who feel a deep brotherly affection for the officers and men of the Navy.

I feel that I should make a general statement to you, sir, not only in behalf of the Paulding, the Coast Guard vessel, but of all surface craft that have to navigate the sea. I feel that the master of every surface craft afloat is going to be seriously affected in the performance of his duty by your findings. I believe that the entire merchant marine of the United States is going to be affected by the decision that you gentlemen arrive at in this case, because in my judgment if your committee shall find that the captain of the Paulding was at fault under these circumstances, then there is placed on the master of every surface craft an almost unbearable responsibility.

I should now like to ask you gentlemen if you will place yourselves for a moment, in fancy, in command of a ship, we will say, for example, a big steam yacht, which you may own or may be master of. Let us assume you are the master of a powerful, big steam yacht. In the course of your cruising at sea, you decide that you would like to enter the harbor of Provincetown, Mass. You have never had occasion to enter that particular harbor, but being a careful mariner, you determine that you will observe all the precautions, and make all the studies that a careful mariner is supposed to make. What would you do?

The first thing you would do is to take a book called the "Coast Pilot of the United States." This book is in a number of sections, covering all the coasts of America, and you would turn to the section that embraces Cape Cod and Provincetown Harbor. This book is published by the United States Government, by the Department of Commerce; by the Coast and Geodetic Survey. It is intended for the guidance of all mariners who approach our coasts. It is a thing that I have studied always, in my 34 years in a sea-going service, when about to visit a strange harbor. I have consulted it years ago in visiting this particular port of Provincetown.

Turning to this book, you would find instructions there as to how to get into Provincetown Harbor. You would carefully study and digest them.

The next thing you, as a careful mariner, would do, is to consult the chart. Here is a copy of the chart. Looking over that chart carefully, you would see here several buoys in a line [indicating]. You would note that this says, "Measured mile." From that you would deduce that that is a course laid down to time vessels making trial trips. It might be used for submarines; it might be used, as it has been, for Coast Guard vessels, for cruisers for anything else. It is a convenience in timing the speed of a vessel between the buoys. You would note "measured mile." In your examination of the chart, you would find some buoys along here [indicating on chart].

Senator ODDIE. If you will, please, indicate for the record just about where those buoys are.

Admiral BILLARD. Southeast of the point of the cape.

Senator ODDIE. And how far distant from shore, approximately? Admiral BILLARD. Approximately three-eighths of a mile. Noting that these outer buoys have the legend "measured mile," you would note that these inner buoys have no legend at all. This inner

course, incidentally, is the course where the S-4 was operating, and I would like to call the attention of the committee, in passing, to the fact that this same chart issued three days after the disaster has the legend "measured mile" on the inner course; the inference, to any fair mind, being, I take it, that it was appreciated that this chart in existence at the time of the disaster was to a certain extent defective for your information, in that it did not have the legend "measured mile,” which is supplied in this one issued three days later.

Senator GERRY. It did have, however, Admiral, did it not, "white buovs"?

Admiral BILLARD. I am coming to that, Senator. I would be very glad to touch on that.

Now, the mariner navigating under conditions that suggest no difficulties whatever, as is the case in the vicinity of Cape Cod, having read the book and having noted the chart, would have no misgiving about entering the harbor.

With reference to what the Senator has just mentioned, there is another book issued by the Government, called the "Buoy List," also issued by the Department of Commerce, Lighthouse Service.

Here is the buoy list for Massachusetts [indicating book]. You, as a careful mariner, would have acquired all the information you desired from what I have described; but if you were extremely meticulous and careful you might take occasion to look at a description of these buoys that you saw there. As a practical man, I doubt

Senator ODDIE. Just at this point, for the record I think it would be well to differentiate between those buoys, so that in reading the record it will be understood which buoys are referred to.

Admiral BILLARD. I may say for the record, sir, that the line of these buoys that I have said were marked "measured mile" is what is referred to in the naval court as the outer course.

Senator ODDIE. What bearing has that from the shore, and what distance?

Admiral BILLARD. It is the course lying southwest of Cape Codthe outer course; "outer" as respects the bay.

I was just remarking that under those circumstances, as a careful mariner of that yacht, you would probably have no occasion whatever to look at this buoy list; but if you did look at it you would find this. The buoys marking this outer course, not used by the S-4, contain the words "U. S. Navy trial course. In fairway from Race Point to Provincetown Harbor. Masters of vessels must keep clear of them”— an injunction that has no legal force back of it, but an injunction with respect to the said "outer course.'

With respect to the inner course, outside of which the disaster occurred, you will find the notation, "Maintained by U. S. Navy,' with no injunction to mariners to keep clear whatever.

In other words, the chart-the buoy book-differentiates markedly between the outer course, that was not used by the S-4, and the inner, that was used by the S-4.

Senator ODDIE. Is there any evidence to show that the S-4 had not been using the outer course in its trials?

Admiral BILLARD. The testimony, as I recall it, Senator, was that the S-4 had been using the inner course. I hope that these other gentlemen may be permitted to correct my statements if I am wrong.

Senator ODDIE. Yes; this is informal, and we want to get all the facts.

Admiral BILLARD. May I run on, very briefly, in this picture?
Senator ODDIE. Yes.

Admiral BILLARD. I would like very much to have the committee appreciate this. The courses that this Government book tells the mariner to follow-in the testimony, in the newspapers, etc., there has been much said about a vessel coming up here having to avoid these buoys. Let us see what the United States says to mariners. United States Coast Pilot, Atlantic Coast, Section A, under "Directions, Provincetown Harbor," contains no reference whatever to either of these two trial courses. It directs the mariner bound into Provincetown Harbor to follow the trend of the shore between Wood End and Long Point Lighthouse. Following the trend of the shore between Wood End and Long Point Lighthouse [indicating on chart], giving it a berth of three-eighths of a mile.

The trial course that was used by the S-4 runs parallel to the stretch of beach between Wood End and Long Point, and about a half mile from the beach. Therefore the mariner who carried out the instructions contained in the Coast Pilot while entering Provincetown Harbor would proceed in close proximity to the trial course.

The committee can, and I hope will, verify my statements by consulting the Coast Pilot, and I will be obliged if Captain Gamble will give them the page.

(The page referred to is page 298 in the Coast Pilot.)

Gentlemen, the point of this is that, in the Coast Pilot, speaking of a vessel bound into Provincetown Harbor-of course, it is all advisory-it is suggested that such a vessel run along the beach about three-eighths of a mile from it, just precisely, or almost exactly, where the trial course is located.

Senator ODDIE. Does that signify the minimum distance from the beach, or is there a channel along there?

Admiral BILLARD. I will explain

Senator ODDIE. Or is the deep water some distance out?

Admiral BILLARD. You will notice from the chart that there is ample water everywhere there. The Coast Pilot, intended for strangers, suggests that they run along about three-eighths of a mile from the beach, because it is the natural, rational way of coming in.

It so happens that the advice of the Coast Pilot would have placed the vessel just about on the trial course. That is the theory. Practically, I have been into Provincetown Harbor in command of a ship certainly six times), Captain Gamble, who is here, has been in there a number of times, and Captain Wheeler of the Coast Guard, who is also here, has been in there a number of times, each of us in command of Coast Guard vessels, and they will bear me out, I think, that following around here [indicating on chart] is precisely the way that all ships go into Provincetown Harbor.

Now, suppose you are the master of this fine yacht. Having assimilated all the information that I have described, you proceed to enter Provincetown Harbor. You are out in practically an open sea. The day on which you are entering that harbor is a clear, cold December day. You can see surface vessels without any question. There is no sense of limitation on your speed, because you are not in a harbor, you are not in traffic.

You have more than the normal, usual men on watch, but on this cold December day there is a strong breeze blowing, and it picks up whitecaps. If either of you Senators are familiar with the ocean, you will know that a clear, cold day, with a strong wind, makes the air clear, but the chop, the slap, of the whitecaps would make it extremely difficult to pick out a small object on the water.

Proceeding along there in clear weather, following religiously the instructions of the United States Coast Pilot, with ample lookouts, and you being, as the commanding officer of the Paulding was, one of the most efficient, competent, and experienced seamen that I have ever met, this disaster occurs.

The testimony before the naval court of inquiry clearly brought out certain very illuminating things. It brought out, in the first place, that a submarine, from its very nature and purpose-and that is an important purpose, in the defense of the United Statesis intended to see, through the seeing eyes of the periscope, and not to be seen. The whole doctrine underlying submarine operations, as I understand them, is that this vessel must see the approaching enemy, but it must not be seen.

So, as a careful mariner, having digested all that, you may have occasion to glance at the chart published by the United States Navy Department, on which you will find a legend and a picture of a submarine warning flag. Being interested in that, you might take occasion to look around. You would not, on that day, have seen any submarine warning flag.

Later you would have learned, after this unfortunate disaster happened, that a submarine tender was, at the very moment, lying in the harbor of Provincetown, and you might have thought that that submarine tender, by proceeding some three miles and anchoring, would have been where you would have seen her, and would have seen this submarine warning flag placed.

But you did not see any submarine warning flag, you did not see any tender, you did not see anything until a few moments before this disaster happened.

Now, gentlemen, blaming nobody, regretting the thing as one of those unfortunate accidents that the good God permits to happen, what would be your reaction if you were held personally responsible under those circumstances for that tragic disaster?

I repeat, sir, the master of every surface ship that floats the seas is concerned in the decision that you gentlemen see fit to render. I believe that is a general statement, Senator, and I would be very glad to develop any phase. But before you question me, may I go on to another point?

Senator ODDIE. Yes; you can place anything in the record you choose.

Admiral BILLARD. There is much made in the naval court of inquiry and in the press about the lookout on the Paulding. There were on the Paulding, at the time of this disaster, the commanding officer, who was on the bridge and who for some five seconds, as recall it, had stepped into the pilot house to look at the chart. I happen to find this which I would like to put in the record. [Reading.]

The naval court of inquiry found that it is the training and duty of a commanding officer of a submarine running at periscope depth, to keep clear of surface vessels.

On the bridge of the Paulding were the commissioned officer of the deck, the junior officer of the deck, who was a chief quartermaster with 10 years' experience in the Navy, mostly on Navy destroyers, the quartermaster, and the man at the wheel. Those first three men were keeping a vigilant lookout.

I have been in the Coast Guard for 34 years, sir. The lookout watch that was on the bridge of the Paulding was as great and as efficient as I have ever known in the service, in clear weather. I think that that covers the general statement. If you wish, I will develop any phase of it.

Senator ODDIE. There are certain fundamentals, Admiral, that I would like to see brought out at the start; the duties of the Coast Guard to-day, and in former years; the primary duty of the Coast Guard-the life saving duty for which it has been famous throughout its existence as distinguished from the prohibition enforcement duty. Are the same ships supposed to do both duties, in life saving and in prohibition work?

Admiral BILLARD. You would like that developed, sir?
Senator ODDIE. Yes.

Admiral BILLARD. The duties of the Coast Guard, Senator, from its inception, from its creation in 1790, have been, generally speaking, as follows: In time of war the Coast Guard becomes a part of the United States Navy, by statute, automatically. Therefore, in time of peace the Coast Guard vessels maintain a constant readiness for war; they have target practice, gun drill, infantry drill, quarters, and are prepared to pass into the Naval Establishment, pursuant to law, on 24 hours' notice.

In time of peace the outstanding duty of the service has been to assist life and property at sea; also to protect the customs laws with respect to illegal importations and landings.

In connection with the liquor problem, the eighteenth amendment forbids the importation into the United States of intoxicating liquors. Therefore the Coast Guard has that as one of its duties.

All Coast Guard vessels, all officers and men, perform all the duties of the Coast Guard as occasion and necessity arise. That is, there is no segregation, so that a certain part of the service does one thing and a certain other part another thing. From your question, you are doubtless interested in the status of this destroyer, the Paulding.

Senator ODDIE. A large part of the Coast Guard service of to-day has been created because of the prohibition enforcement duties, as I understand it.

Admiral BILLARD. I will be glad to try to explain that, sir. I have pointed out that one of the duties of the Coast Guard is to prevent illegal importations. The Coast Guard is not charged with the enforcement of prohibition. It is charged with preventing illegal importations.

Senator ODDIE. My question was a little misleading there, because I selected a term which was not strictly accurate.

Admiral BILLARD. With the large amount of illegal importation of liquor that followed the enactment of the eighteenth amendment, the Coast Guard was materially increased to enable it better to perform that function. Included in this increase was the acquisition of 25 destroyers from the Navy.

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