New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-07
ARMY AND NAVY NEWS.
THE COURT FINDINGS IN THE CASE OF
LIEUTENANT CLARK.
THE KILLING OF PRIVATE JusTfFlED-THE
AWARD OF THE THREE NEW BATTIE-sHIPs
INSPECTING DOUBLE BOTTOMS
fBY TELEGRAPH TO THE TRIBUNE.l


[BY TELEGRAPH TO THE TRIBUNE.l
Washington. Sept s-Thc War Department has
msde public the proceedings of the Court OF In
quiry recently convened in the Department OF the
Platte to examine into the circumstances OF the
killing OF private In Company e. 18th Infantry
In pursuance of order from commissioned
officer to soldier to shoe. the private The case
has attracted considerable attention among the
officers of the Army. owing to the unusual cir
cumstances attending the killing and the question
involved of the right Of an officer to order man
under his command to shoot comrade in time OF
peace. In several In the West civil courts
have upheld the shooting OF soldiers under GER
tain conditions but the here referred TO diff
fers from those previously decided in many re-
spects. The officer who ordered the shooting Is
First Lieutenant w O Clark. 18th Infantry The
circumstances these
private Of the 18th Infantry by the name OF
Weaver assaulted First Sergeant Livingston, Of
the same regiment In the course Of the scri'n-
mage which took place Weaver broke loose from
the sergeant and. running to gun case In the
guardroom picked up musket and fired at the
non-commissoned officer. The shot killed him
After killing Sergeant Livingston Weaver assumed
a threatening attitude toward other soldiers stand
Ing by Among the witnesses OF the killing was
Lieutenant Clark. Fearing that Weaver would hre
again and to prevent further loss of life he or
dered Private Strine 20 shoot to kill Weaver. This
strine did Weaver falling dead The Court OF In
quiry after investigating all the facts. found that
the shooting Of Weaver by strinc was proper and
necessary un( the circumstances and the action
OF Lieutenant Clark in the justhable. Re
viewing the proceedings and findings OF the Court.
General Coppinger comments as foloWS.
In the opinion expressed by the court The re re-,
viewing authority. after careful consderation, Of
Tie eydenee fully conGqrs The evidence usiTs
were given in the discharge OF legal duty ana
S Of se sxfrcne Gf fqD s aHs
and the action likewise Of Private Strne in execut-
We're UNDER ali me c,TSnmsta%css fully 4saed
in law
An interesting legal question has arisen in re-
aton to the construction Of the recent act OF
Congress authorizing the building of three new
battle-ships Five firms have made application TO
the Navy Department for copies Of the plans
Of the proposed vessels These the Cramps.
the Newport News Company. the Bath Iron
Works. the Dialogue Company. Of Camden, y. j..
and the Union Iron Works Of San Francisco.
The question which hasi come up IL how many
vessels be built on the Pacific Coast Various
informal opinions have been expressed as TO the
intent of Congress. but no decisive action has been
reached. Before award for TIE building Of the
vessels is made fhe Judge Advocate General o.
the Navy will give Secretary Herbert his Official
views on the subject. The law which authorizes
the construction Of these vessels provides in one
place that not more than of the ships to
be built by any one private firm Navy yard.
This Is held by officials mean. for illustra-
ton. that if Pacific Coast firms bid for the three
ships is the lowest that company cannot get the
contract for more than two. in other words. that
the bid for of the vessels. although less in
amount than that OF Eastern establishment.
would have to be rejected under the law. The
verse opinion is entertained by Naval officers
who say that the lowest responsible bidder. II
private concern. may be authorized build all
the vessels. No special attention Is given to that
part Of the act which relates 10 the construction
of the vessels in Navy yards as this is matter
fha
he finds IT necessary to divide the work
among the Government stations
In another clause the Appropriation act reads
h sna one OF the natutsshps may b. built on the
Government over proposals from Eastern com
ras IS not than nan per cent But MS
may. under those conditions. be constructed the
This Would seem "H to 6e expc n pfebar n
award to the Union Iron Works. for example, of a
contended by some of the officials that taking the
clause referred to in connection with other PROV
sion can be reached The question involved is one
now under consideration at the Navy Depart
ment, and decision Will be made before contracts
fore the bids recently called for by Secretary Her
Captain Sampson Chief Of the Naval Bureau Of
Ordnance. has made assignments Of the number
which each vessel Of the auxiliary Navy will have
allowed her and which will be stored at the Navy
iation. In less than six months. by the time the
Government has completed upward OF one hundred
rifles being manufactured at the Wash
ington gun shops. the Navy will have available for
service at short notice thirty-one frst-class aux
Hilary cruisers. capable Of being equipped and
made ready for action in twenty-f -four hours and
mounting batteries strong many OF those
carried by the secondclas cruisers Of the service
The new Naval Regulations, which will probably
be issued 10 the service in about three weeks, Will
contain change In existing rules that Will be
welcomed by executive officers OF modern vessels
in service. The regulation relates to the duty
of inspecting the double bottoms Of ships. faith
full performance Of which means neither easy nor
IL nj n
double bottoms to be inspected weekly and "A
written report OF their condition made to the com
handing officer. This adopted some time ago
when the Atlanta was found 10 be in bad cond-
fion the intention being to insure against future
accident or injury through frequent inspections
Going through the double bottoms once each week
has become burdensome. and many complaints
have reached the Navy Department on the sub
iect Besides practical experience has shown that
The rule has not worked d advantageousy as was
expected az damage has been done 10 some man
hole plates and gaskets. Therefore the authori-
ties have decided that hereafter the Inspections
will only be made quarterly.
BICYCLES ~ THE ARMY