Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-24

Venlng authority TO declQe upon the ne
cessity and expediency of further judicial
proceedings"
This further judicial proceedings" re-
fers to a court-martial. But by law OF
1898 Congress established the principle
that no court-martial could be held two
years after the occurrence under fnvesti-
cation. This is known as the naval stat
utes of limitation. and while it bars a
court martial relating to the Santiago
campaign 1t does not bar an investigation
by court of inquiry. But in that case the
court of inquiry would be effective only in
establishing records and would not be pre-
liminary to a court-martial.
The power to order courts of inquiry is
vested by the law in the President, the
Secretary of the Navy, or the commander
of a fleet or squadron.
The naval regulations require that not
more than three comm iSSiOned officers and
a judge advocate shall make up the court,
and 1t is stated that the members of the
court should not be. If possible. inferior in
rank to the officer whose conduct may be
implicated in the Investigation" This re.
stricts the membership of the court to the
list of rear admirals and to Admiral Dewey
As most of the officers in active service are
now engaged on important work, and some
of them at remote points, attention is
chiefly given to rear admirals on the re-
tired list.
Findings of n Court.
An important feature in the order di-
recting 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 It's opinion it Is confined to
stating the facts found. 1t is considered
quite probable, however, that in a case Of
this Importance the order would direct the
court to record It's opinion as we'll as its
conclusion of facts.
Whether the investigation shall be held
In public or not is decided by the court
itself, unless specified in the convening
order. This leaves it optional 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
that point the court will decide it. The
regulations provide that the parties to
case may be allowed to have friends or
counsel present during open court. The
party under investigation shall be allowed
If he so desires to testify in his own be-
half, but he may decline to answer any
questions which may tend to criminate
HIM. He is equally at liberty to decline
to explain any alleged misconduct.
When the court of inquiry reaches Its
decision all the papers forwarded to the
judge advocate general of the navy and the
final approval or disapproval rests with
the Secretary of the Navy or the President
according to which one has ordered the
court.
The Matters In Dispute.
1t is somewhat difficult to state briefly
the exact questions which will come before
the court, but it is believed that Admiral
Schley condensed them in letter written
to Senator Hale chairman of the Senate
committee on naval affairs, February 1S.
1889. This letter divided the criticisms Of
himself into four heads. as follows:
First. The alleged delay off Cienfuegos,
Cuba.
Second. The alleged slow progress toward
Santiago de Cuba from Cienfuegos.
Third. The retrOgrade on the
Goth and 27th of May. CThis refers to the
turning Of the fleet from Santiago toward
Key WeSt)
Fourth. The battle Of Santiago and the
destruction Of Cervers's fleet.
Some of Mac1ay's Charges.
Among the paragraphs in the chapter Of
Maelays naval history, which relate to the
battle Of Santiago, July 3, 1898, upon which
Admiral Schley's proposed civil action is
based, are the following:
'Schley, May 2s 1898, sullied this
brightest of American notices by penning
Much to be regretted, cannot obey orders,
and turned in caitiff flight from the danger
spot toward which duty, honor and the
whole American people were most earn
estly urging him.
Viewed in whatever light 1t may be,
the foregoing dispatch cannct be char
acterized otherwise than berg without
exception the most humiliatlDg. cowardy
and lamentable report ever I.anled by an
American naval officer.
"Schley was perfectly willing to avoid
blanketing the fire of the other American
warships even at the risk of a disastrous
collision with the Texas, SO long as he
could escape getting too close t. danger
The court of inquiry will undoubtedly be
one of the most celebrated in the naval or
military history of the country The high
rank of the officers involved in the con-
troversy and the intense public feeling
which has been aroused will combine to
q n ne 10 IN
terest. Nothing has occurred in Wash
ington for many years that will compare
with it.
The appointment of the court Of inquiry
will 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.
The Most Important Witnesses.
Admiral Sampson, who WILL next to Ad-
miral Schley, be the principal figure at the
inquiry, is stationed at the Boston navy
yard. The captains of the vessels partici-
pating in the Santiago battle are at vari-
Gus stations. Captain Cook of the Brook
iyn is at Annapolis, Captain Clark of the
Oregon is at League Island, Captain Chad
wick of Admiral Sampson flagship, the
New York, is at Newport; Captain (now
Rear AdmiraD Evans Is detailed as a men,
ber of the board of inspection and survey
in this city, but is now off on yachting
trip; Captain (now Rear AdmiraD Higgin-
son of the Massachusetts is commander of
the North Atlantic squadron. Lieutenant
| Commander Wainwright of the Gloucester
| Is superintendent of the Naval Academy
| at Annapolis, Lieutenant Sharp of the Vix-
| en- is executive officer of the Hartford,
! which is now off the coast of Sweden. Cap
| tain Philip of the Texas is dead.
There are other officers who occupied sub
| ordinate positions but whose testimony
will be important, and who will have to be
summoned to Washington to give evidence
| before the court. Lieutenant Staunton,
who was SIMPSONS flag lieutenant is now
commanding the Yankton in Porto Rican
| waters. Lieutenant Commander Sears,
who Schley's flag lieutenant is at the
| photographic Office in New York. Lieuten-
| ant Wells, Schiey's secretary, is on the
| Kearsarge while Lieutenant Marsh, Samp-
sons secretary, is on the Mayflower Lieu
! tenant A c. Hodgson. who was the navi-
gator of the Brooklyn, is now at Newport,
| OF the various executive officers Of the ves-
| sells Lieutenant Commander Seaton Schroe-
| der, who occupied that position on the
| Massachusetts,, is at Guam, while Execu-
| tive Officer Harber of the Texas Is naval
| attache at Paris and st. Petersburg
The Order for the Court.
| 1t is not expected that the order for the
court will be issued for several days yet