The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-06-16
SBLFRIDGE MUST SUFFER.
The Finding of the Court Martial
OVerrulod.

Overruled.
WASHINGTON, June 15.--The Secretary
of the Navy to-day issued a general order
in the case of Capt. o. T. Selfridge, who
was recently tried by court-martial for
neglect of duty aud acquitted. The socre-
tary reviews the history of the case at
length and concludes as follows:
On a careful review and consideration of all
the evidence in this case via: Testimony and
exhibits contained In the record of the proceed
ingS OF the court of inquiry, and which were in
evidence before the court-martial, and addi-
tional evidence introduced on the trial, the de-
partment is clearly of the opinion that the find
ihgs or the court OF inquiry are fully sustained
by the evidence, and that the findings OF the
court martial are not In accordance with the
evidence.
CAN'T APPROVE THE FINDINGS.
The department, therefore. cannot approve
the findings OF the court martial 1t is a source
Of regret, In view of the excellent record OF
Capt, Seltridge as an officer OF the navy, that
! the department Is unable to adopt the concu-
sion reached by the court before which he was
tried, viz: that there was no neglect of duty on
his part, either before, during after the tar
get shooting in question. The rank standing
and experience of the officers composing the
court are such that there can be no doubt that
II has consclentiously discharged It's duty, but
the department has also a duty to perform, and
that is not only to carefully consider and
weigh all the evidence before II In order to de-
termine whether It shall approve or not the
findings of the court, but likewise to avoid the
possibility of sanctioning any conclusion not
clearly and fully sustained by the evidence,
which may operate to create a dangerous pre-
cedent.
RESPONSIBILITY OF THE DEPARTMENT.
IL is possible that this consideration may not
have been present In the minds of the court but
whether present or not the responsibility Of the
department. i'll this regard cannot be evaded or
tnIIK
States vessel Of war may at pleasure erect a
, target and practice with great guns in the
waters OF friendly power within the marine
league shore without nquiring as to the wishes.
rules, and regulations of such power the depart
ment would lend its official sanction to dsre.
gard of welsettied principles OF national
comfy and of International law,
DANGEROUS PRECEDENT.
If in addition to this the department were to
announce that the commanding officer OF such
| a vessel is not required before proceeding with
such target practice to make n complete and
thorough examination of the place and of its
surroundings as TO demonstrate beyond qqes,
tton the fact that such practice can he had
without danger to life, limb or property
or that having omitted such pre-
vious examination he may on the
conclusion of such practice proceed In his
course without taking such steps as are neces
| sary to ascertain that no explosive projectie
remains unexploded where Il may afterward be
found, and that he will not be held responsible
occastoned by such omission the department
| itself would become morally responsible for any
| disastrous results that might ensue.
EFFECT OF AN APPROVAL.
An approval of the finding Of tho court-mar-
| tial In this case would In the judgment OF the
| department establish a precedent which, In
view Of possible results, would be equivalent to
an official announcement OF the char
@cter soGye DESCRIBED s,.md In hacquittins
martial has necessarily found that his
example may be emulated and tho precedent
followed by other officers The department.
| cannot assent TO the view that naval officer,
can without blame, hold his target practice
| upon the soil OF a friendly power without CON
sultlng such power, and where he actually i'm
perils life by projectiles without previous exam
| nation which would have disclosed such peril.
and that he may sail away with his full duty
| discharged, leaving six unexpoded proiectes
| to endanger innocent lives. Different views
may be honestly entertained as to what conBti-
| tutes, In the strict technical sense, neglect OF
official duty, but obligation TO do that which
| under any particular combination OF circum-
stances s, in ITSELF right and proper, is an obi
cation universally recognized.
| AS TO THE CASE IN POINT.
| An approval Of the findings OF the court-mar-
| tial In this case would, In the Judgment of the
| department. be equivalent 10 an admission that
| such obligation did not exist or apply under the
circumstances attending the target practice of
| for the Omaha on March 4, 1877, and due regard
the interests Of the service necessarily prevents
| the department from taking any action which
might be thus construed The department has
| not failed, however. TO take into consideration
| both the punishment already borne by the
officer whose conduct on the occasion referred
| TO has been twice investigated and the humilia
| tion and suffering TO which he has been sub
jected, nor can it doubt that these considera-
| tions were present In the minds OF the members
Of the court or that they will have the effect to
promote in the conduct OF target exercises Of
vessels Of the navy on foreign stations in the
ftItnre tudpiOng and cautions methOdg of
procedure than have apparently heretofore
obtained The findings Of the courtmartial in
| this case are hereby dlsapproved and Capt.
Thomas o. Selfridge Is released from arrest.