else wait until there was no ship in sight, which is seldom the case, shipping is so frequent there; that is, there are ships coming in at all hours of the day and night.

Senator ODDIE. Do the foreign navies operate their submarines on the same principle that we do, namely, to let them submerge at their own discretion?

f

Commander HOOVER. I do not know, but I believe so. It is not the practice to set aside parts of the ocean for strictly naval use, and I do not believe it is likely. This rather prevents putting down fixed areas as such on the chart.

Senator GERRY. It would simply be a question of extra warning to vessels, where these areas were?

Commander HoOVER. Yes; provided these areas were in places that shipping did not frequent. In fact, it is pretty nearly impossible to find areas that ships do not pass through at some time or another.

(Thereupon, at 12.55 o'clock p. m., the subcommittee adjourned, subject to the call of the chairman.)

INVESTIGATION OF SINKING OF THE SUBMARINE "S-4"

WEDNESDAY, MAY 16, 1928

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON NAVAL AFFAIRS,

Washington, D. C.

The subcommittee met, pursuant to the call of the chairman, at 10 o'clock a. m., in the room of the committee in the Capitol, Senator Tasker L. Oddie presiding.

Present: Senators Oddie (chairman) and Gerry.

Present also: Commander J. H. Hoover, United States Navy; Rear Admiral Frederick C. Billard, Commandant United States Coast Guard, accompanied by Captain Gamble, Captain Adams, Captain Wheeler, and Commander Root, United States Coast Guard; Mr. Cunningham; and Mr. Savoy.

Senator ŎDDIE. The committee will come to order. Senator Steiwer has notified the committee that he is attending another official hearing, and will not be able to be present, but that he will study the record of the hearing.

In this investigation we have so far had testimony from several officials of the Navy, and I have placed in the record the statement of Secretary Mellon, dated May 7, 1928, regarding the disaster to the S-4.

I asked the Secretary of the Treasury to delegate some one from the Coast Guard to appear before this committee, and he has done so this morning. Admiral Billard, are you ready to make a statement, or do you prefer to have some one else representing the Coast Guard speak first?

STATEMENT OF REAR ADMIRAL FREDERICK C. BILLARD, COMMANDANT OF THE UNITED STATES COAST GUARD

Admiral BILLARD. I would prefer to represent the Coast Guard and speak first, Mr. Chairman.

Senator ODDIE. Admiral Billard, you know of the statement that has been placed in the record, issued by Secretary of the Treasury Mellon regarding the collision between the Coast Guard ship Paulding and the submarine S-4?

Admiral BILLARD. Yes.

Senator ODDIE. Have you any additional statement you would like to put in the record before you testify?

Admiral BILLARD. I should like to make a general statement, if I may.

Senator ODDIE. Yes.

Admiral BILLARD. After which I am at the disposal of the committee, entirely.

Senator ODDIE. Yes.

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 Imarine 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 buoys"?

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.