The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-05
AWAITING THE R D
MUCH DEPENDS ON TIE MAINE
COURT OF INoUIRE's DECISION.

along without any definite time set for the re-
ceipt OF tho record and findings Of the Maine
Court Of Inquiry the officials Of the Administra-
ton are becoming concerned over the moment
Gus question which they may DO compelled
to face on tho basis Of the courts OK.
preston Of opinion as to tho cause of
tho disaster. Consul.G General Leo's statement
that the battleship was blown up by some out
side means-and there now appears to DO no
doubt that Gen. Lee made q positive assertion
to that effect-has made those who manage the
executive business OF the Government extremely
uneasy. They roalizo that Gen. Lee 10 in q posi-
ton to know whatever Is known in Havana
about the facts attending the explosion, and has
probably had the benefit of the knowledge tho
officers of the Maine and others on whose judg-
ment he can depend. Gen. Lee has conducted
himself in the delicate place he has occupied for
30 long in q manner that has won him the conf
dence of the President and his advisers. His
administration Of his Office has been such as to
give weight to the belief that he would not send
to Mr.. Mckinley or tho State Department any
rash expression Of judgment which might not
be corroborated by the Court OF Inquiry.
When Gen. Leo went to Havana rs Consul
General many people thought Mr.. Cleveland had
made n mistake in the appointment. and pro-
dicted that the ex-Confederate officers military
way of doing business would get him. and per-
haps the United States. into trouble before
his term expired. The contrary has been
proved. While Gen. Lee has not adhered
strictly to the rules Of diplomatic etiquette and
precedent in gaining his ends, he has not made
any bad breaks, and no better Endorsement of
the thorough belief of the Administration
in his patriotism, ability, activity, and
Judgment could have been given than in
President McKinley's request for him to
return to Havana after no had resigned
the ConsulGeneralship and come back to
tho United States on Tho understanding that
his services for tho Government wero at an end.
All these things show how much the Admins
| tration depends on Gen. Leo and how strong his
influence is with the President, 30 that 1t 10 not
surprising that his expressed belief that the
Maine met her fate from some outside force has
had great weight with those who will determine
| what shall be done In regard to the terrible
catastrophe.
But no positive measures will DO taken, or
| perhaps even decided on, until the Court Of In
| curry has given its verdict The seriousness Of
the duty with which the court Is charged can
be better understood in the light Of the instruc-
lions issued to 1t by Rear Admiral Sicard. These
instructions, known technically as the procept
| of the court. were made public BY the Navy
Department to-day. They show that the officers
conducting the investigation cannot evade the
| responsibility OF fixing the blame or reporting
| their belief as to the cause of the disaster by
| merely submitting that they have boon unable
to do 80. and leaving the Navy Department to
reach an opinion ON the testimony which viii
form part Of the record. Unless a naval Court
Of Inquiry is explicitly instructed to ex-
press an opinion on q particular phase OF the
subject which 1t Is charged with Investigating.
it is not Obliged to render any verdict. In such
cases courts frequently report that they have
been unable to reach a conclusion or merely
submit the evidence without comment. Ad-
miral Sicard. however. foresaw the possibility of
evasion, and explicitly stated in the precept that
the court must render an opinion. Here is the
language of the only significant paragraphs In
his letter of instructions:
THE court Will diligently and thoroughly
inquire into oil the circumstances attending the
loss of said vessel on the date named. and upon
the conclusion OF the investigation Will reportt to
the Commander-in'Chie its proceedings, all the
testimony and the facts which it may deem
established by the evidence adduced, together
with Its opinion as to what further proceedings,
II any. should be had In the matter.
Tho court VIII also report "hether OF not the
loss of said vessel was. on the occasion Named
In any respect due to iauit or negligence on the
part OF any OF the onicers or members OF Inc
crew OF said vessel, ana, II 80, the names OF such
officers or members OF the crew. and In what
respect and to what extent any or elther OF
IF the court shall be OF the opinion that FUR
Their proceedings should be had In the matter it
will include In Its report q succinct statement
as to the person or persons against whom ana
tho specific matter upon which such proceed
ings should be had. The court will also report
its opinion as to the cause or causes OF tho eI-
plosion. or other Incidents that bore directly
or indirectly upon the loss of the Maine.
1T will also record any Information that 1t
may BIO able to obtain by testimony and evil
dence as to any person or persons not connected
with the navy Of the United States who are. in
its opinion. responsible In part or wholly. or
directly or indirectly. for the explosion and loss
of the Maine. and will include their names. in
its opinion. together with the degree Of such
responsibility In each case"
1t will be seen from these definite directions
that the Court Of Inauiry's report will DO no
mere perfunctory mass OF testimony and formal
record Of proceedings without a direct refer