Evening star., 1897-06-16
\ PROBABLE DIsAPPRovAL
An Impression That Prof. Fanciulli Will Be
Given a Reprimand.
The Findings of the summary Court
panyins Them Explained.

court-martial, which was announced ex-
clusfveiy in The Evening Star yesterday,
has served to increase the public's interest
in the case and to heighten, If such a thing
were possible. the Indignation inspired
among the citizens here by the episode OF
Memorial day. There was a tendency OBJ
servable to criticise the members of the
court for determining upon such a severe
recommendation as the discharge of Prof.
Faneiulli from the Marine Corps, but those
who are familiar with such things explain
that no other course could have been pur-
sued. The position occupied by Prof Fan
ciulli in the marine corps is analogous, as
far as actual rank is concerned, to that OF
the sergeant major Of a regiment.
II the sentence had been a reduction in
rank. the anomalous condition would have
been reached of Professor Fanciuln being
made first sergeant, the duties Of which
position would have compelled his assign
ment elsewhere than at the head of the
band. A sentence Of confinement would
Rave been in the nature OF q disgrace which
the members of the court did not think
should be visited upon Professor Fanciulli,
a period would have been a rigorous pun
ishment when all things are considered.
This may sound paradoxical when the
sentence was discharge from the service.
pay, but the minor sentences alluded to
would have probably been approved by the
nnA reviewing authorities at the Navy De-
partment, whereas the present probabili-
ties are very strong that the Secretary of
the Navy will disapprove the discharge
OF Prof. Fanciulli and give him simply a
reprinaand.
Orders will also probably follow explic-
lily defining the authority OF band leaders,
and thus the final settlement of the case
be made.
1t is the opinion of mature officers of The
navy, the army and the Marine Corps, as
wei. that If older and more experienced
officers than Lieut.. Draper and Lieut.. Ma
gill had been in charge of 1.-THE detachment
on Memorial day that the unortunate af-
Iair would not have oc1urred. 1t is also
asserted that Prof. Fa1etullt either was
badly advised as to his lights when called
upon to state mis- ideas df them before the
court, or that he declined 10 take any ad-
vice as to the course lie should pursue be-
1ore the tribunal, on the gruund that he
consctentiously believed saae had a perfect
right to select the music which should be
played by the band. 'i
No member of the count has even for a
moment believed that Rrof. Fanciul!i in
tended any disrespect to either Lieut..
Draper or Lieut.. Mag1ll He was simply
unfortunate in his beifkf about his au-
thority. which Is shared by the public;
but which was Tot accoaaing to the rigid
discipline Of the service.
AZ tne navy OeR1ktHeeMts
The record Of the suninafy uourt-martiai
in the case Of Professor Faneiulli leader
of the Marine Band, was received at the
Navy Department this afteruoon from
Captain Harrington. commandAnt,sat, the
marine barracks. : As stated in yesterdays
Star. the court found FanciulH guilty of
the charges and sentenced him to dis
charge from the service. with bad conduct
which sentence was approved
by Captain Harrington and Colonel Hey
wood. colonel commandant Of the corps.
The record will now be reviewed by the
judge advocate general of the navy to see
that the proceedings were regular, and
that the findings and sentence were in ac-
cordance with the evidence adduced. 1t
will then be submitted for the action Ct
the Secretary Of the Navy Assistant Sec
retary Roosevelt is now acting in that
capacity. He told a Star reporter today
that he hadn't received any official report
on the subject. and consequently could not
say what he would do.
1t was likely. however, In view of the
general interest shown In the case in and
out of the service that he would conclude
to defer all action in the premises until the
return of Secretary Long. He said. If the
sentence was severe one, he would most
Secretary Long Is now In Boston and will
return to the city early next week.
Under the naval regulations the Secre-
tary can set aside the findings and sentence
of the court, and a sentence like that in
the case Of Fanciulli cannot be executed
without his approval.
A general order issued by Secretary Her
bert in May, 1888, intended to guard
against excessive punishment by sum-
mary courts-martial has an important
bearing on this case, and may possibly in
huence Secretary Long In his action.
This order Is as follows:
THE attention Of commanding officers
and of all officers liable to duty as men,
bers of summary courts-martiAl is called
to the frequency with which the punish
ment of discharge from the service with
bad conduct discharge ID inflicted by such
courts. Such punishment is appropriate
only to cases in which the offense COM
mitted demonstrates the fact that The ac-
cused Is an unfit person to- remain in the
naval service, and the. department is of
opinion that said sentence should not he
awarded to continuous service men except
in extreme cases. and then only after care
ful inquiry as to the record and length Of
service of the accused Information on
these points should also be obtained and
considered by the senior o,ficer present in
determining whether or not to approve a
sentence involving discharge from the SER
vice with bad conduct discharge"
AGAINST SUGAR TRUSTS.
Senator Pettus' Auaendment to the
Tariff Bfns