Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-10-19
LAW IN THE NAVY
Recommendation in the Report of the Judge
Advocate General.
Why 1t Was ImpOssible to Eject the
Sale of the Naval Obxer-
vatOFy Lands.

In his annual report to the Secretary of
the Navy Judge Advocate General Lemly
calls attention to the fact that q number
of sailors who left their ships at the close
Of the war without obtaining formal dis
charges have been estopped from taking
advantage of the act Of August, 1888, re-
lieving them from the charge Of desertion
by the expiration of the time allowed for
the presentation Of their applications for
restoration. Therefore he recommends that
legislation be enacted to relieve them. He
also renews former recommendations look
ing to the authorization of the use of de-
positions before courts-martial, as is the
cese In the army, and Of legislation to COM
pei testimony by civilian witnesses before
such courts. 1t is said that the army prac-
t;ce of discharging from the service before
confinement enlisted men sentenced to dis
honorable discharge and Imprisonment
would do much to relieve the rolls of the
navy from the names of persons who are
new part Of the enlisted force, but con-
tribute nothing to its efficiency. sugges-
ton is also made that the government be
Clothed with power to acquire the right to
use inventions made by persons in the en-
ploy of the government upon terms to he
fixed by the head of the department using
the invention, subject to appeal to the
courts.
The Naval Observatory Lands.
The judge advocate general makes the
following statement Of the governments
failure to effect sale of the naval OBJ
servatory lands:
Under cate of August 1, 1894 the Presi-
dent approved joint resolution to estab-
lish an observatory circle as a provision
for guarding the delicate astronomical In
strunents at the United States naval OBJ
servatory against smoke or currents of
heated air in their neighborhood and I'M
due vibrations from traffic upon the ex-
tension of public thoroughfarcs in their
vicinity, and for other purposes This
resolution authorized the Secretary of the
Navy to sell certain portions of the old
naval observatory lands lying without the
limits of the circle established by the
resolution, and to purchase, either d.
rectly or by condemnation, certain lands
belonging to private parties lying within
the limits Of the circle. In pursuance of
this authority a board Of appraisers, con-
sisting of Mr.. John w. Ross, president of
the board of Commissioners Of the Dis
trict of Columbia; Mr.. Thomas E. Wagga-
man of Washington and the superintendent
of the naval observatory, was appointed to
determine and fix the price at which the
two tracts of land belonging to the gov
eminent. lying outside the limits Of the
circle. should be sold. The larger Of the
two tracts referred to was subdivided and
duly offered for sale after public advertise
ment, purchasers being invited at their
option to bid on any one or more of the sub
divisions or upon the tracts in entirety. No
offers to purchase these lands at or above
the appraised price were. however, re-
ceived, with the exception of one offer
for part of the smaller plat, which offer
the department did not deem it expedient
to accept.
No Demand for Suburban Real Estate.
1.-THE board Of appraisers was accordingly
reconvened, and the question as to whether
or not the prices fixed were too high was
brought to its attention. and the opinion Of
the board was requested as to whether
or not it would be advantageous to the in
terests of the government to reduce the
price, and II so, to what extent. After
careful reconsideration of the subject the
board unanimously reported that the prices
fixed were not too high, but stated that, in
Its opinion, there was at that time no de-
mand for suburban real estate on the part
Of investors, and recommended that action
be postponed until such time as there NAV
be an Improvement in the real estate mar
ket.
'"The joint resolution referred to provides
that the expenses necessary to be Incurred
In advertising, ETC., should be defrayed
from the proceeds of the sale. A sale
not having been effected an estimate COW
ertng such expenses was submitted to Con-
gress at Its last session, and appropria-
ticn therefor was made.
1T is recommended that until some NATE
rial Improvement takes place in the values
OF suburban property no further steps be
taken to place the naval observatory lands
upon the market" =