The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-10

The annual report OF Samuel c. Lemly
Judge Advocate General of the navy. for
the fiscal year ending June 30. 1900. was
submitted to Secretary Long yesterday.
The report is brief, and while covering all
| matters of Importance during-tAe year,
| merely touches upon each. The question
of prize claims receives some attention.
| and it is recommended that a law library
| be installed in the Judge Advocate Gen.
| erals Office. The report is as follows:
Incrcnse in Business.
| 1.-THE annual increase in business noted
| in previous reports has continued, and,
while affected to sonie extent during a
part OF the last fiscal year by the Spanish
American war. is shown by careful ex-
animation Of the records to have had, in
| dependently of any incidental temporary
| cause, regular growth owing to the
| gradual increase and development of the
| navy.
This is shown by the number of COM
munications received and acted upon. In
| 1898 and 1899 the amount of business
| transacted was, on account of the war,
| greater probably than will be done this
year, and those years should naturally be
| left out of the comparison. The influence
| of that cause, however. ceased to be felt
| in the latter part OF 1899. and it is esti-
mated from comparisons made between
! 1897 and 1900. SO far as practicable that
when the year is ended the records will
| show that the regular business OF the Of
| fee has increased during the last three
years somewhat more than 1t did during
the preceding three. An important part Of
| this increase is the greater number of
court-martial cases, both general and
| summary, that has been received owing to
the recent increase in the personnel of the
navy and Marine Corps.
THE appointment of a solicitor, to be an
assistant to the Judge Advocate General.
| authorized by the act Of April II, 1900,
will. it Is believed, prove to be of advan-
| tage, especially in connection with that
| part of the work for which time and re-
search are requisite.
| After repeated recommendations OF
| this office and the Department that the
provisions Of the act to relieve certain
| appointed or enlisted men of the navy and
| Marine Corps from the charge OF deser-
tion,' approved August IA. 1883, which ex-
pired by limitation on August "A. 1893, be
extended Congress, at its recent session,
| removed the Limitation of time within
| which applications for the removal OF the
| charge of desertion may be received and
considered. The act Of extension was ap-
| proved May "a last and since that time
more than 200 cases have been received.
| considered. and about IS per cent of them
acted on favorab!y.
! THE extension of the provisions Of the
! act referred to will enable the Depart
ment to do justice to many of the enlist
| ed men of the navy and Marine Corps
who rendered valuable service during
| the war of the rebellion, and who. when
they were no longer needed left the ser
vice without the formality OF discharge
and are now technically charged with
| desertion.
Concerning Civilian Witnesses.
1.-THE importance of empowering naval
| courts martial and courts of enquiry to
| enforce the attendance before them of
civilian witnesses has been discussed 1t
| some length in every annual report of
| this Office to the department The cir
! cumstances upon which that need is
based are constantly becoming more ur-
| gent, and attention is again invited to
| the measure proposed for enactment by
| Congress. the same being embraced in
| Senate bill 1886, which was, during the
| last session, reported favorably, with
! recommendation for passage, by the
| Committee on Naval Affairs, Report Ne.
| 3S3.
| THE matter of the use OF dispositions
before naval courts-martial and courts
| OF enquiry. upon which comment and
recommendation have been made fire.
quently heretofore. is still of pressing
Importance. and owing to the eonsidera-
lions mentioned in the reports Of this
office for previous years the interests OF
the service in this respect are disadvan-
tagged by the lack of law permitting the
practice referred TO. which commends
Itself from every point Of view and is
similar TO that in vogue in the army.
Congress has heretofore had before it, in
the Sene E and in the House, drafts of
measure containing guarded and efficient
provisions covering this matter. Atten-
ton is invited to the bill. No. 1858, in
PRODUCED in the Senate during the last
session and reported favorably. with
recommendation for passage, by the Com
mittee on Naval Affairs. Report No. 527.
THE recommendation made heretofore
that Congress be asked to simplify the
present system under which examinations
are conducted by naval examining and re-
firing boards is renewed as the BILL No.
1885. which passed the Senate February r.
1900 was not considered by the House. to
the Committee on Naval Affairs. to which
body i. was referred Said bill provided
for the amendment Of the act relating to
the examination of officers of the army.
L.
subsequently extended to the Marine Corps.
so as to make the provisions OF said act.
so far as relates to the order of procedure.
applicable to the navy.
THE prize laws required that the COM
handing officer of every vessel in the
wy, entitled to or claiming award OF
t. re money should. as soon might be
practicable after the capture. transmit to
the Navy Department a complete list of
Ofyin and Of tic anti LODI
to share. In order to facilitate the work of
adjustment and distribution the prize lists
forwarded in pursuance Of this requirement
were promptly examined and verified in
advance Of the issuance Of DEGREES of the
corrt condemnng the property, and such
lists were. when approved, transmitted to
the Auditor for his examination. in order
that they might be ready for use in the
distribution Of prize money upon receipt
of final DEGREES.
THE following cases are pending in the
Supreme Court of the District of Column
bia. sitting as a prize court:
George Dewey Admiral United States Navy. v.
The Don Juan de Austria and other prize prop
erty, No. 5jI.
Rear Admiral W r. Sampson. United States
Navy, ct al. v. The Spanish vessel of war In
fanta Maria Teresa and miscellaneous stores and
supplies captured upon her and other Spanish
war vessels. No. 5C2.
Cant Charles II. Davis, United States Navy, v.
The Paz Ventura, etc, No. Dos.
Claims for Bounty.
with respect to claims fer bounty
under section 4635 of the Revised
Statutes, 1t was found that distribution
could not be intelligently or justly mad
until certain questions Of fact and law
relating to the vessels engaged. their
cargo. comparative force, co-operatiJn
EXTENDED by shore batteries torped ,es,