The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-07-26

retired officers would have a double
advantage Not only would they be
free from any prejudice growing out OF
their active connection with the de-
partment. but they would have no fear
OF future consequences arising from
their course while members OF the
board. The court OF inquiry probably
Will not proceed with its work until
fall.
Secretary Long said today that II
would be unfair to ask court of in
quiry TO convene in Washington during
the present extremely hot weather for
the prosecution OF an inquiry which
promised TO be quite protracted.
The Information that Admiral
Schley's letter asking for court OF in
Quiry had been received by Secretary
Long soon spread through the navy de-
partment and not since the recent war
days has one theme excited such gen.
eral attention.
Congress in 1895 established the prin-
ciple that no court martial could be
held two years after the occurrence
under investigation. This is known as
the naval statute of limitations, and
while 1t bars a court martial relating
to the Santiago campaign. IL does not
bar the court Of inquiry. In this case
the court of inquiry would be effective
only in establishing records, and would
not be preliminary to court martial.
An important feature in the order
directing the court is that specifying
whether 1t shall state only the facts
found, or shall also give an opinion
based on the facts. Unless the order
expressly requires the court to give
their opinion they are confined to stat
ing the facts found. 1t is considered
quite probable, however. that in a case
of this Importance, the order would di-
rect the court 10 record its opinion as
we'll as its conclusion of facts.
Whether the investigation shall be
held in open court or not is decided by
the court itself. unless specified in the
convening court. This leaves it op-
tional with the president or Secretary
Long to direct that the proceedings
shall be open or closed, but in case no
specific direction is given on this point,
the court will decide 1t.
When the court of inquiry reaches its
decision, all the papers are forwarded
to the judge advocate general of the
navy and the final approval or disap-
proval rests with the secretary of the
navy or the president. according to
which one has ordered the court.
Secretary Long at the close of office
hours today said that the personnel of
the court will be known tomorrow, at
which time also the precept convening
the court will be issued. Meanwhile,
there is much speculation as TO the
members Of the court besides Admiral
Dewey. The secretary himself says
there is no warrant for the announce
ment Of any particular name as he
still has the question under advise
ment He has been making inquiries
during the day as to the availability OF
certain officers. and it is understood
that some teleGraphic inquiries have
been made of those absent from the
city to see if there is any reason why
they should not serve.
The sessions of the court will be held
in the large chamber formerly used az
the private office Of the secretary of the
navy and now used as an ante-room 10
the Offices of the secretary and assist
ant secretary.
Boston, Mass, July 24.-Rear Ad-
miral Sampson said today:
Il am glad that Rear Admiral Schley
has asked Secretary Long for an in
vestigation. / hope If there is an in
vestigation it will be a thorough one.
and that not a detail Of anything that
has been in dispute will be avoided by
the investigating board.
This whole business is inspired by
malice, but now perhaps it may all
be investigated, and if it is. the presi-
dent of the United States will know
all the facts"
New York, July 24.-Edgar S. Maciay
who criticised Rear Admiral Schiey in
his history of the United States navy,
said today:
1T is the proper course for Rear Ad-
| miral Schley to demand a court Of in
| quiry. 1t is his only means of vindica-
| ton. After this court has determined
upon his case, then he can bring suit.
| 1t is needless for me to comment fur
! ther upon Rear Admiral Schley's rec
| ord