indicative of actionable negligence 18 and the test of reasonable care allows the courts a greater scope in denying liability,19 in the civil sphere.

CLAIMS AFFECTING THE NAVY

Navy Regulations,20 CINCPACFLT, CINCLANTFLT, NAVAL BASE and SOPA instructions, and others, are explicit concerning standards for handling of fuel and oil cargo. All caution against carelessness but oil is spilled nonetheless.

The greater number of oil damage claims arise from oil spilled into harbors and rivers by vessels moored or at anchor. Exceptional vigilance on the part of fuel depot workmen and ships' forces can reduce the incidence of spills. Once oil is spilled in a harbor, timely clean-up will reduce the number and severity of claims.

Recently, a spill of black oil by an aircraft carrier in San Diego harbor soiled 141 pleasure craft and fishing vessels at a commercial marina. Naval and commercial clean-up crews were engaged shortly thereafter to clean up the spill. Nevertheless, claims paid were in excess of $10,000 in the aggregate. This amount does not include the Navy's cost of cleaning up the spilled oil, nor does it include the costs of surveys to determine damages.

Cost of clean-up alone exceeds $10,000 in some spills. Surveyors' fees for examining damaged vessels and estimating repair costs are considerable. Where the spill has done extensive damage, the survey costs alone may run into four figures. Thus, immediate retention of spilled oil and prompt clean-up is imperative to avert claims and to minimize damage to the Navy's own vessels.

Much can be done by a ship's force: (1) the crew can be instructed to be alert for oil in the vicinity of the ship and to report slicks promptly, (2) the ship's force can commence containment or clean-up immediately upon discovery to minimize expenses and to avoid spreading.

Large naval installations maintain clean-up crews around the clock. Some contract with commercial clean-up concerns. Local instructions are explicit as to whom spills should be reported to initiate this service.

There are several methods of retention and clean-up. Where a spill is very small, it may only be necessary to send a boat to break up

18. Maiver v. Publicker Commercial Alcohol Co., 62 F. Supp. 161 (DC-Pa. 1945), 1945 AMC 1141.

19. American Barge Line Co. v. Stoll Oil Refining Co., 22 F. Supp. 894 (DC-Ky. 1938), 1938 AMC 989.

20. Art. 1272 Navy Regulations (1948).

and disperse the slick. Most often it is necessary to contain the spill within floating oil rings, or with straw. Straw will absorb the oil and may then be fetched up. Chemical solvents or detergents may be spread on the slick. Cleanup compounds which react to collect the oil and then settle it to the bottom are effective.

Where it is known that small boats have been smudged with spilled oil, claims can be minimized if a working party is employed to wipe away the deposits. Fresh deposits are easily removed and timely cleaning will avoid or reduce destruction of paint and may salve boat owners' dispositions.

INVESTIGATION

All spills should be reported to local naval authority whether claims are anticipated or not. An investigative report should then be forwarded. The assistance of an admiralty officer in the nearest district legal office may be helpful in the investigation. Inasmuch as the admiralty officer will process oil damage claims, he should be consulted as to the investigation. Further, he can secure the services of a competent professional marine surveyor where necessary to assess damage. The surveyor's report can be made a part of the investigative report.

Reports should recite the time and circumstances of the spill, the type and amount of oil spilled, the time of commencement and cessation of clean-up and the method employed, the extent of the slick and its movement, the weather conditions, the proximity of other vessels or shore structures, and any known ships, boats or shore facilities fouled. Photographs of an oil slick and damaged property are helpful in claims settlement and especially in the event litigation results.

Where spills of an unknown source are investigated it is desirable that adequate samples of the oil be obtained for analysis. In this circumstance, adjacent vessels, pier structures and the shoreline should be examined to determine extent of damage. Analysis may disclose that the oil causing the damage could not have come from a naval source.

The nearest legal office will secure the services of a marine surveyor 21 where private property is damaged. The survey is important in later determination of damage costs and for avoidance of spurious claims. The survey will usually be a joint survey wherein the owners of property damaged participate. Usually the claimant and surveyor agree upon repair costs.

21. See Section IX, JAG INST P5880.1A.

Such joint surveys are made "without prejudice" and are not an admission of Navy responsibility.

Commands processing claims should require the following of claimants:

(a) The facts upon which Navy responsibility is asserted.

(b) The sum certain claimed.

(c) The method used to cleanse claimant's property in minimization of damage.

(d) The date the boat was last hauled for repainting (for determination of depreciation).

(e) The amounts of competitive bids (if any) for cleaning and repainting.

(f) Paid bills for repair should accompany the claim.

As with many other Government administered programs, the benefit-cost ratio is high under the Plan since the costs directly attributable to the Plan, which the serviceman is required to pay, are not reflective of the real costs. There is no reimbursement to insurance agents, large salaries for executives, and the many other costs which are figured in the average commercial insurance coverage. However, in contrast with the relatively cheap insurance that is provided by the Plan is its relative inflexibility. Any overall estate planning after retirement must revolve around the Plan, since it is firmly entrenched without possibility of alteration in most cases at time of retirement. So long as this is understood the Plan can be what Congress

Naval vessels are no exception as spillers of oil despite rigid controls.

It is unlikely that there will be any diminution in the number of ships in operation by the Navy in the foreseeable future. Further, it is apparent that the Departments of Defense, Commerce, Interior, Treasury, State and Justice, in addition to port captains, fishermen, birdwatchers, claimants for reward, and irate pleasure boat owners will retain their interests in the problem.22 It may be expected that future enactments in respect of pollution will specifically cite the amenability of public vessels to the penalty provisions.

Civil claims and suits against naval vessels have increased proportionately with the recent increase in the number of pleasure craft. The increase will continue. Hundreds of claims for one oil spill are not now exceptional. Immediate clean-up of spilled oil and prompt investigation and survey of damage can save expenditure of many thousands of non-productive dollars.

22. Also see 19 C.F.R. 23.32.

intended it to be, that is, a bulwark to the serviceman after retirement against his future death and the effect of his death upon his dependents.

TRUSTEE OF MENTALLY INCAPABLE

(Continued from page 139) other rare and exotic food, at the gourmet section of the corner grocery, but expenditures for items such as an automobile, house, or individual items of jewelry, furniture, clothing or household appliances exceeding $50.00 each.

The DIRECTOR may call for additional accounting if he feels there is some doubt concerning the protection of the funds. Further, improper accounting may be sufficient basis for the DIRECTOR to stop payments to the trustee and the appointment of another. In addition to the foregoing reason, payments may be stopped due to the death of either the incompetent or the trustee, the court appointment of a trustee or other legal representative, improper use of monies received in behalf of the incompetent, a finding by a board of medical officers that the incompetent is capable of managing his own affairs, or for any other reason the DIRECTOR deems is in the best interest of the incompetent.20 In each instance a final accounting is required and upon approval of the final report the trustee will be discharged by the DIRECTOR and the surety released on its bond.21

20. 32 CFR 726.7 (b). 21. 32 CFR 726.8.

LAWYER'S HANDBOOK NOW AVAILABLE

The Lawyer's Handbook is now available to ABA members only, at cost, at a price of $3.75 for paperbound copies and $5.75 for hard-bound volumes. Orders, accompanied by check or money order, should be placed with the American Bar Association Economics Department, 1155 East 60th Street, Chicago 37, Ill. No order blank is necessary.

This 17 chapter, 557-page volume, written by 25 nationally recognized authorities, is a practical guidebook designed to help improve the legal profession through more efficient law office management. Its five major sections are devoted to: "Equipping and Staffing the Law Office, Law Office Systems and Controls, Fees and Billing, Insurance, Law Office Organization, and Administrative Policies and Procedures." It also contains hundreds of subsections, fully indexed for handy reference, as well as samples of dozens of practical time-tested forms. While designed primarily for use by the civilian bar, it contains many suggestions that may be helpful to the military lawyer.

RESERVE OFFICERS PERFORMING ACTIVE DUTY TRAINING IN JAG
DURING AUGUST AND SEPTEMBER 1962

CAPT William F. Seebohm, USNR, Cincinnati, Ohio-
Assigned to Administrative Law Division.
CAPT Frederick W. Read, Jr., USNR, Commanding
Officer, Reserve Law Company 3-3, New York City-
Assigned to Office of Counsel, Bureau of Ships.
LCDR James C. Bowman, USNR, Reserve Law Com-
pany 6-1, Wilmington, N.C.-Assigned to the Legal
Assistance Division.

LCDR Theodore H. Friend, USNR, Reserve Law Company 3-3, New York City-Assigned to the Investigations Division.

LCDR Frank W. Swann, Jr., USNR, Reserve Law Company 11-2, Los Angeles, Calif.-Assigned to the Legal Assistance Division.

LT John D. Idoine, USNR, Canton, Ohio-Assigned to
Appellate Government, Military Justice Division.
CAPT C. Robert Satti, USMCR, New London, Conn.-
Assigned to Administrative Law Division.
LTJG Gerald K. Morrison, USNR, Landisburg, Pa.-
Assigned to the Investigations Division.

MILITARY PERSONNEL DIVISION

LTJG Jared H. Adams, USNR, from NJS to NavSta, Key West.

LTJG Leonard M. Addington, USNR, from NJS to ComThirteen.

LTJG James H. Agger, USNR, from NJS to COMFAIRNORVA/COMNABS 4 and 5 ND.

LT Joseph M. Battaglino, USN, from COMSERVLANT to U.S. Sending State Office for Italy, Rome, Italy. LT Edward T. Boywid, USN, from CNATECHTRA, Memphis to NRC, Bainbridge.

LT Herbert O. Brickson, USNR, from SNJ, (under instr.) to COMNAVPHIL.

CDR John R. Brock, USN, from JAGO to NAS, Norfolk. LT Richard H. Buenneke, USNR, from COMNAVMARIANAS to ADCOM, Great Lakes.

LT Conrad A. Buhler, USNR, from JAGO to NavSecGroup, Bremerhaven, Germany.

LT Henry S. Chapman, USNR, from SNJ, (under instr.) to Com Thirteen.

CAPT Hilbert S. Cofield, USN, to U.S. Sending State Office for Italy.

LTJG Donald P. Dietrich, USNR, from NJS to NAS, Sanford.

LTJG Theodore G. Dimitry, USN, from USS ENTERPRISE (CVA(N)-65) to NAAS, Chase Field, Beeville, Texas.

LTJG William P. Elliott, Jr., USNR, from NJS to NavSta, Newport.

LCDR. Lawrence E. Flynn, USNR, from NavSta., Norfolk to COMPHIBLANT.

LTJG John P. Garrett, USNR, from NJS to ComTwelve. CDR John P. Gleeson, USN, from ComThree to ComTwelve.

LTJG John S. Hale, USNR, from NJS to NAF, NAHA, Okinawa.

LTJG Robert W. Hite, USNR, from NAVJUSTSCOL to NAVJUSTSCOL, Staff, Newport.

CAPT Saul Katz, USN, from JAGO to COMINLANT. LTJG William R. Klein, USNR, from NAVJUSTSCOL to COMCRUDESLANT.

LTJG Spencer E. Lerch, USNR, from NAVJUSTSCOL to ComFourteen.

LTJG Leonard D. Levine, USNR, from NAVJUSTSCOL to Com Eight.

LT William C. Lynch, USN, from NAVSTA, Boston to USRO/Office of the Defense Advisor and DEFREPNAMA, Paris.

LTJG Robert H. Maynard, USNR, from NAVJUSTSCOL to NAVSTA, Washington, D.C.

LT Albert W. Eoff, USN, from NAS, Jacksonville to USS FORRESTAL (CVA-59).

CDR Bruce Geisinger, USNR, from JAGO to Naval Correspondence Course Center, Scotia.

LT Donald F. Melhorn, USNR, from JAGO to USS CORAL SEA (CVA-4).

CDR Richard K. Stacer, USNR, from ComSeventeen to ComThree.

CDR John E. Whyte, USN, from Naval Correspondence Course Center, Scotia to ComSeventeen.

U.S. GOVERNMENT PRINTING OFFICE:1962

The JAG JOURNAL is published by the Office of the Judge Advocate General of the Navy as an informal forum for legal matters of current interest to the naval service. The objective of the JAG JOURNAL is to acquaint naval personnel with matters related to the law and to bring to notice recent developments in this field.

The JAG JOURNAL publishes material which it considers will assist in achieving this objective, but views expressed in the various articles must be considered as the views of the individual authors, not necessarily bearing the endorsement or approval of the Department of the Navy, or the Judge Advocate General, or any other Agency or Department of Government.

Invitations to submit articles are extended to all persons, whether lawyers or laymen. Articles submitted should adopt an objective rather than an argumentative approach and should be written in a manner readily understandable by the lay reader. The JOURNAL will return unpublished manuscripts if so requested, but responsibility for safe return cannot be assumed. No

compensation can be paid for articles accepted and published.

The issuance of this publication approved by the Secretary of the Navy on 6 April 1961.

REAR ADMIRAL WILLIAM C. MOTT, USN Judge Advocate General of the Navy

REAR ADMIRAL ROBERT D. POWERS, JR., USN Deputy and Assistant

Judge Advocate General of the Navy

COMMANDER RICHARD E. BLAIR, USN Editor

For sale by the Superintendent of Documents

U.S. Government Printing Office, Washington 25, D.C. (Monthly). Price 15 cents (single copy). Subscription price $1.25 per year; 50 cents additional for foreign mailing.

September was moving month in the Pentagon.

After a massive relocation of EXOS and OPNAV components involving approximately 51,000 square feet of office space, the Judge Advocate General of the Navy is in new quarters in Room 2E338.

Required in order to consolidate Civil Defense and Defense Intelligence Agency staffs of the Office of the Secretary of Defense, the Pentagon space realignment has affected not only the Office of the Judge Advocate General, but the following Navy components: Office of Legislative Affairs; Office of Information; Office of Analysis. and Review; Office of the Comptroller; the Program Evaluation Center of the Office of the Chief of Naval Operations; and the office space programmed for the Assistant Secretary of the Navy (Financial Management). Units of the

*Mr. Spain is Assistant for Administration in the immediate Office of the Judge Advocate General. A Specialist in Public Administration, he holds the BA and MA degrees from the University of Virginia. Prior to assuming the position of Assistant for Administration in April 1962, Mr. Spain was with the Navy Publications and Printing Service in the Executive Office of the Secretary of the Navy.

Department of the Army, including Army JAG and the National Guard, were moved to permit the consolidation of all headquarters staff of the Navy JAG on the second deck of the Pentagon.

The most formidable task involved in the move was the physical relocation from one end of the Pentagon to the other of approximately 35,000 library books and 3,812 running feet of shelving comprising the JAG Law Library.

The magnitude of the move becomes more evident with translation into a statistical measure. To move the library required the disassembling of over 950 substantial steel parts, some of which had to be reassembled in the new area and braced by over-head beams. Although some stacks of these stock sections did not have to be totally disassembled, their size presented a considerable logistical problem. The adaptation of existing shelving to the new space and planning for adequate lighting posed additional problems in the reestablishment of the library.

The new quarters afford a more functional alignment of offices and divisions on one level and the centralization of support services.