The times., 1899-02-18
THE COURT OF ENQUIRY.
II Is Busy Sitting Evidence nnt
Selecting Witnesses.

The first meeting of the court appointed
to investigate the allegations of General
Miles with reference to refrigerated and
canned roast beef furnished the army dur
ing the recent war was held in the looms
formerly occupied by the Alger Relief
Commission, in the Lemon Building. yes
terday.
The court. which is composed entirely
of army officers. is as follows: Mai. Gen.
James F. Wade, United States Volunteers;
Brig. Gen. George b. Davis, United States
Volunteers; Col. George l.. Gillespie, Corps
of Engineers, United States army; Lieut..
Col. George b. Davis, deputy judge advo-
cate general, United States Army. recorder
The court is not get acting as a legal
body, and will not until it is convened for
the purpose of taking testimony. when the
order issued by the War Department on
February 9, making the appointment of its
members and outlining its duties will be
read and the oath administered.
The, meeting yesterday, which lasted
from IL O'Clock until 3:30 was held behind
closed doors, and the business transacted
was in the nature of preliminary arrange
ments The great mass of testimony on
the beef question which has been col
lected by General Miles was laid before
the court with view of selecting wit
nesses.
This question of witnesses is one that
requires a great deal of attention. The
court can base conclusions only on testi-
mony given directly to the court or by
deposition where il is not practicable for
the witness to appear. AS there has been
a constant change of location among amy
officers. the work of selecting from the
complaints received by General Miles is
difficult. When the lists of witnesses have
been selected and when enough have been
summoned, the work of taking testimony
will then begin.
General Miles will, doubtless, be the
first witness examined, and if he so Sc
lects, he will be allowed legal representa-
tion before the court at all times. 1t is
expected that the first testimony will be
taken on Monday.
Besides the army officers who will be
summoned, which will include regimental
commanders in Southern camps, Cuba and
Porto Rico during the war, there will be
a rigid examination of meat packing house
representatives and a personal inspection Of
the principal establishments which fur
nished the meat in question
The court. partaking as it does of the
nature of a military tribunal, has the
power to summon and compel the attend
ance of civilian witnesses, and the orders
convening the court make IL imperative
that all military men summoned shall at
tend. According to the law governing mil
itary tribunals. however. there is no power
given them to compel civilian witness
to testify. They can be compelled to at
tend, but not to testify. The law in this
respect is exactly opposite that governing
naval courts, as they can compel civilian
witness TO testify. but have no authority
to make them appear before the court.
The time that will be consumed in this
enquiry is very problematical. Colonel
Davis, the courts recorder, says haste will
not be aimed at TO the exclusion of thor
oughness, but that in view of the limited
scope of the enquiry as compared to that
of the Alger Relief Commission, the find
ings of the court. together with the recon-
mendations which they are required TO
make, will doubtless be completed in much
less time than was taken by the former
commission.
When the court proceeds to the exami-
nation of witnesses the doors will be open