Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-23
Navy Department Will No Longer
Consider the Howison Issue.
COURT OF INQUIRY MUST SETTLE IT
Judge Advocate LemIy VIII Now
Prepare His List of Witnesses.
CONVENTIONS OVER CASE

mirai Howison for service upon the Schley
court of inquiry, Notwithstanding papers Of
objection which are to be filed by counsel
for Admiral Schley reiterating that it Is
| the duty of the Navy Department to SUBJ
NIT to him the recent alleged interview
with the admiral and secure a denial or
confirmation of its authenticity, is a closed
incident far as the department is con-
cerned.
1t was learned today that no matter what
further course of protest may be followed
by Admiral Schley and his lawyers in rela-
ton to Admiral Howison's service, the de-
partment is determined that the court OF
inquiry itself shall decide the issue, and it
| is not thought that there is even the slight
est possibility of any change in the decision
reached by Mr.. Hackett, the acting secre-
tary.
Mr.. Hackett stated this afternoon that he
had not received the reply which, it was
said, Admiral Schleys attorneys would sub
NIT in regard to the action of the depart
ment in declining to refer the original re-
quest concerning the Howison interview to
that officer for statement 1t is probable,
however, that this reply will reach the de-
partment late this afternoon or tomorrow
| morning. 1t will, of course, be considered,
put Its effect, so far as changing the atti-
tude of the acting secretary is concerned is
likely to amount to naught.
Capt. Lemly and Witnesses.
Captain Lemly, the judge advocate gen.
| eral of the navy, and the judge advocate of
| the Schley court, has returned to the city
from Canada. He sent word to the depart
ment this morning that he would be at his
desk late in the afternoon. Captain Lemly
upon resuming his duties will Immediately
get to work in compiling list of the wit
nesses TO be summoned before the court Of
INQUIRY. 1T Is expected that, as requested
by Admiral Schley and his lawyers this
list will be ready for submission to Admiral
Schley early next week. A partial list has
already been prepared. 1t is not thought
tnat the list will be a complete one. 1t will
require great deal of time and work on
| the part of the Judge advocate to compile
complete list. 1t is likely, therefore, that
days yet.
The point is made by the friends of Adlui-
RAJ ochley, IN connection with Mr.. Hack
EFT recent decision in the Howison letter
matter, that the court of inquiry does rot
come into existence until September IL
and until 1t is actually convened the Navy
department Is the only body having au-
tnorlty over questions pertaining to it that
may arise. In this view of the case Ad-
! m1ral Schleys request in reference to Ad-
mlraI Howison was properly directed to
the Navy Department, it could not be
submitted to court which has not vet
come into existence.
Other Contentious
Furthermore, 1t is claimed that the duty
of the Navy Department Is to assemble a
proper court of inquiry, and that this duty
! is continuing up to the time when the court
| itself assemblies, when the function of pass
ing on its membership is shifted from the
department to the court. 1t is pointed out
| that contrary ruling. such as that given
given by Mr.. Hackett, has the effect of
creating period during which there Is
N n m fv hot Of - 1,
begun, while that of the department has
been voluntarily vacated. While this point
is argued with much force by some of the
legal experts, it is recognized that It is
needless to raise issues which the Navy
Department declines to consider. In fact,
the rulings of the department terminates
all official action on the case until the court
Itself comes into existence on September
II. In the meantime the requests of Ad-
miral Schley bearing on Admiral Howison
have been forwarded to Admiral Dewey, as
president of the court. Admiral Dewey Is
| now in Newport and beyond receiving the
papers there is nothing for him TO do until
the court comes into existence on Septem-
ber II
1t was stated in this connection at the
department this afternoon that the court
of inquiry really does exist at the present
time. 1t was pointed out that letters
which have been addressed to Admiral
Dewey on matters relating to the business
of the court have borne the head, Admiral
George Dewey, president of the court Of
inquiry.
War Office Records Intact.
In view of this fact, therefore, officials
of the department discount the contention
made that the court does not actually live
and will not until September IL
Officials Of the War Department regard
as absurd any statements made that rec
ords of the department bearing upon the
location of Admiral Cervera's fleet in the
spring of 1893 should have been de-
stroyed. A statement that such records
had been destroyed was given currency
yesterday afternoon. An officer of the de-
partment in authority said this afternoon
that In case any official demand was made
upon the department for the original copies
of these records they could be produced.
Admiral Schley and his counsel enjoyed
rest today so far comforting over the
case was concerned. Mr.. Wilson went up
to Oakland last night to remain until to-
morrow morning, and Attorney General
Rayner did not come over from Baltimore.
II is probable that all will be here early to-
morrow and continue the preparation of the
brief to be submitted to the court Of In
quiry.
MIR. Rayner Is Confident.
Mr. Isidor Rayner expressed himself to
a reporter for the Baltimore Sun last night
as follows:
1.-THE meeting today was conference be-
tween Admiral Schley and his counsel 1t
had been arranged to take place today. This
is the third time we have met. We have
gone over the case pretty fully. The IN
vestigation involves a considerable amount
of labor, requiring an examination OF all
the dispatches. messages and documents
which passed between the Navy Depart
ment. Admiral w. T. Sampson and Ad-
miral Schley and the movements of the
ships from the time they left Key West,
on May u. until the day of the battle,
July 3. We will now go over the sum-
and from next Monday one week / think
we will meet in consultation every day
until the court meets, on September II.
The inquiry cannot possibly take as long
as anticipated, and, while / am not at lib
erty to say anything at all about the case,
have absolute confidence in the result"
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