The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-05
DUTIES OF COURTS OF INQUIRY.
May Bear Testimony, But Not Pass
Judgment.
New York Mail and EXpress.)


New York Mail and Express.)
Just what rights Rear Admiral Win
field Scott Schley may have in the
court of inquiry which, at his own re-
quest, has been ordered by the secre-
tary of the navy, are not exactly clear
to many, who, while fairly well IN
formed in civil tribunals, are a tribe
cloudy on the methods in vogue IN
military and naval inquiries In this
country there have been comparatively
few courts Of inquiry of great sea or
land fighters, which fact, when coupled
with the knowledge that great secrecy,
and sometimes absolute suppression,
frequently complete whlteWaShlng'
mark investigations of high grade sail
ors and soldiers abroad, is quite COM
plimentary to both services of the
American governmeIS Weaving aside
the trial of Commander Bowman H.
AfcCaIla for the Enterprise episode and
the punishment of the late Commander
oscar Z. Heyesman for the loss on
Roncador Reef of the corvette Kear-
sarge the notable courts of inquiry
with their subsequent cOurtmartlal In
the Yankee navy may be counted on
the fingers of one hand by American
storians.
IedicaI Inspector Kershner was tried
and dismissed from the service for a
violation of navy regulations. which
forbade the publication or information
concerning the navy. Captain George
w Sumner was tried for being respOn-
sibIe for injuries inflicted upon the
commerce destroyer cruiser Columbia
while he commanded that vessel. Then
came the much-talked-of Colonel For
ney case, which meant so much TO the
marine corps.
The question has often arisen how it
was possible for an officer in the navy.
/ who may have been Of the same corps
/ or Of the same grade, or even of the
same class in the naval academy, or
who may have been an associate on
duty with an officer under Oflclal hres
/ could be a proper person to act as a
member of a board of inquiry or form
I a personnel in a courtmartiaL 1t has
been repeatedly shown that the honor
of the uniform alone has on several oc-
1 casi0ns made an officer condemn 70
/ punishment his best friend and ship
/ mate. and that his oath as gentleman
/ compelled him 10 do that which under
| other circumstances might be conSl1-
| cred by an elastic conscience to be full
+ justice to the department himself and
: his friend The defendant Never IN the
history of the United States service has
J there been tie shadow OF a doubt as to
! the honesty Of purpose of the members
of a trial board.
/ a court of inquiry such as that or
/ dered for the Schley controversy Is
held by the same authority as a gen
eraI courtnartial without restriction
40 to EXPRESS authority It's origin is
not found in law. according TO the
bighes. authorities, one of whom was
/ Henry c. Cochrane. but in the exercise
! of kingIy prerogative. Custom alone
[ managed to get the courts OF inquiry
into the military jurisdiction Of Eng
land bur the United States did not
legally attempt to recognize the wis
dom of courts of inquiry until April %
/ 1906 They had been held here pre-
vioas to that time, however As &
/ token Of their splendid formation It Is
known that the laws as to their organ
/ ization and powers have not undergone
The slightest change since that time.
. = -
4 ccl.rt of inquiry has one purpose