The citizen. (Frederick City, Md.) 1895-1923, 1901-07-26
HE WILL APPLY FOR A
COURT OF INQUIRY.
A Civil Action Afterwards
The Court Of Inquiry Will
be One Of the Most Cele-
brated Cases in the Naval
History of the Country
Men Likely to be the Judges.

count. In telegram to W ash.
lngton newspaper he says:
Il believe the first step should
be on investigation of all matter
by court, then a civil action
afterward. am preparing to
take this course
1t is expected that as soon as
Secretary Long receives the re-
quest for court of inquiry from
a dmiral Schley he will name its
personnel and issue an order for
its aSsemblage. 1t may be some
time, however, before the court
can get squarely down to work.
y host of naval officers will have
to be summoned as witnesses,
and these officers are now scat.
tered over a wide area.
n court of inquiry differs from
a court martial in that it has no
power to intlict a sentence. 1t is
organized simply for the purpose
OF investigating questions of fact,
but 1t has ample authority to
make the inquiry complete and
exhaustive. The naval regula
tlonS says courts of inquiry "shall
have power to summon witnesses.
administer OathS and punish con.
temptS i'll the same manner as a
court-martial, but they shall only
state facts and shall not give
their opinion unless expressly re
quired so to do i'll the order for
conVening.n
Recent Congressional enact
ment conferred upon these courts
ample authority to compel wit
nesses to testify, including civil
ianS.
An important officer of the
court will he the Judge advocate
and recorder, who interrogateS
the witnesses. Secretary Long
Will undoubtedly take unusual
care III the selection of this of.
ticlal, who may be chosen from
the list of captains who partic.
ipated with Dewey in the Manila
battle. Under the naval regula.
tons Admiral Schley will be al
lowed the Attendance of counsel,
who will have the right to sug
Sest questions to the judge advo-
ate. 1t Is not known whether
Admiral Sampson will ask the
privilege OF being also represent.
ed by counsel.
The sessions of the court un-
doubtedly will be open, although
its members have the right to
prevent this. There is no appeal
from the decision of the court as
to the exclusion or admission of
testimony, questions arising az
to the relevancy or propriety Of
which are invariably decided be
hind closed doors.
The Schley court OF inquiry will
undoubtedly be one OF the most
celebrated cases i'll the naval or
military history OF the country.
The high rank of the officers in
volved i'll the controversy and the
intense public feeling which has
been aroused will combine to give
the investigation a dramatic in
tereSt. Nothing has occurred in
Washington for many years that
will compare with it.
The appointment of the court
of inquiry is expected to be made
by Secretary Long, though it
would be in the power of the
President to make the selections
If he chose. This is hardly likely
to occur, however.
Mr.. Long has already stated
that if Admiral Schley requested
a court Of inquiry he would grant
the request, and has also eX-
/ pressed his willingness to person
ally select the court. While he
has has not made any statement
as to its personnel, there is every
reason to believe that he favors
Admiral Dewey and Rear Admi-
rails Ramsay and Benham, the
two latter being now upon the
retired list. The name of Ad-
miral Walker has been suggested
but ii Is known that he has eX.
! pressed views upon the Sampson.
Schley controversy in antago-
niSm to Schley, and his appoint.
ment, would, therefore, be qucs
toned. 1t is said that Dewey.
Ran say and Benham have al
ways carefully avoided giving an
opinion as to the merits of the
controversy. All these officers
are residents of Washington, al
though temporarily out OF the
city to escape the summer heat.
/ and could be quickly summoned
to take their places around the
table of the court.
Three names are mentioned be.
cause that number is specified in
the naval regulations for a court
of inquiry. There is a possibility