The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-16
COURT MAY PASS ON CARTER.
CASE SENT TO THE JUDGE ADVO-
CATE GENERAL OF THE ARMY.

GATE GENERAL OF THE ARMY
Secretary AISer Wants the Opinion
of the Head OF the Legal Depart
ment on the Report of the Board
of Inquiry-ShOuld the Judge
Advocate Find Further Proceed
fnGs Unnecessary the Case Would
BE Closed Upon Secretary AIger's
Approval of the Judge Advocates
Finding.
Washington, Nov. ia military court
martial or a court of inquiry may be con-
yened to finally dispose Of the charges
against Capt o. M Carter, of the en-
gineer corps, growing out of the findings
Of the board of officers appointed by the
Secretary of War to investigate the work
In connection with the river and harbor
improvements in Savannah harbor.
This very interesting case took an un-
expected turn to-day, when Secretary AL
ger, after being advised of the findings
of the board of officers, of which Col. Gill
lespie is chairman, referred the report to
the Judge advocate general of the army.
with instructions to make a legal review
of the testimony taken by the board and
submit a report thereon. The reference
of the report to the judge advocate gener-
ais department indicates that the findings
of the board were not such as to warrant
the secretary in either approving or dis
approving of the report without further
legal information on the subject.
The case has attracted general interest
throughout the army especially in the en-
eineeer corps, and the fact that Secretary
off baa1th made a
brief visit to the war department this
morning to consider this case, shows that
he intends that full and speedy justice
shall be meted out to all concerned.
In conversation with the Morning News
correspondent, Secretary Alger stated this
the war department this morning
and had consultation with
Gen Wilson, the chief of engineers, who
carefully read the entire report. The sec
retary did not undertake to read the text
of the report, which covers over ], 600 type
written pages but he was advised of the
contents of the report by Gen. Wilson. 1t
Is understood the board of officers sub
mitted its findings without making any
precise recommendations.
Secretary Alger added that in view or
the fact that the board took a very wide
range in its investigation and covered
many subjects not ordinarily inquired into
by similar boards, he deemed it advisable
to have the whole matter referred to the
Judge advocate general of the army, be-
fore proceeding further.
Pending the review Of the findings OF the
board, by the Judge advocate general, the
cloak of secrecy still enfolds the report.
Had the report been entirely friendly to
Capt. Carter, it is believed that the Sec
retary of War would have cheerfully pro-
mulgated the findings of the board, for
it is well understood that Secretary AL
ger, Gen. Wilson and nearly all of the
leading army officers on duty at Washing
ton, entertain the highest regard for Capt
Carter's professional and personal stand
ing. 1t was stated at the war department
& few days ago that II the report of the
board was favorable to Capt. Carter, the
secretary would take great pleasure in
promptly giving il the widest publicity.
1t is possible that the judge advocate
general after reviewing the case, may
conclude that further proceedings are un-
necessary, and in that event the incident
is closed when Secretary Alger approves
the report of the legal authority in the
army.
On the other hand 1t may be necessary
to convene a court martial to give the ac-
cused an opportunity to meet certain ques-
tions brought out by the original board
IT appears that the board, under authority
imposed upon it in the order creating the
board, exercised its own discretion as to
the extent to which the investigation of
capt. Carriers affaIrS should go. In so do
ing a great many subjects were touched
upon not contemplated when the investl-
cation was originally projected hence the
case has been more or less complicated
Col. Gillespie and his associates on the
board have evidently executed the work to
which they were assigned in the most
thorough manner, and submitted the facts
as they found them, leaving the Secretary
of War to render such decision as he may
consider justihable under the circum-
stances.
Just what construction to put upon the
secretary's action in referring the report
TO the judge advocate general is a ques-
ton upon which military authorities diff
fer. The Gillespie board did not attempt
to pass upon the legal status of the COM
plants filed against Capt. Carter. 1t sim
ply took such testimony as it deemed rele-
want TO the question involved. 1t is said
that the judge advocate general may de-
eide that the board went out of its way in
its search for testimony and motives and
that such testimony and motives when
legally considered, will have no bearing
upon the original allegations. It is also
said that if a court martial is convened
Capt Carter will be given better chance
TO explain away some of the now cloudy
circumstances in connection with this cell
ebrated case. However opinions may diff
fer as to the outcome of this case the
fact remains that the Secretary of War
considers the findings of the board quite
serious enough to call in the advocate
general for legal advice which in itself is
not altogether favorable to Capt. Carter