The Washington times., 1901-10-12
WITNESSES AT NAVAL COURTS.
The Annual Report of Judge Advo-
cate General Makes suRKestfons.

The Annual Report OF Judge AdvO-
cate General Makes Suggestions.
The delegation of power to naval courts
martial and courts of enquiry to enforce
the attendance before them of civiian
witnesses is prominently treated In the
annual report of Capt. Samuel Z. Lemiy,
| Judge Advocate General Of the Unlteo
States Navy, made public yesterday Inc
| business of the past fiscal year Is stated
to have showed an increase or "a per
cent over that OF the preceding twelve
months The previous recommendation
for the enactment OF law permitting
tho use of depositions before naval courts
is renewed Speaking of these matters,
Captain Lemly says:
Attention has been invited heretofore
to the advantages to be derived from CIV
ing naval courts-martial and courts OF
enquiry the power to enforce the attend
ance before them of civilian witnesses, ana
TO the circumstances that lend this mat
ter great Importance. Definite measures
framed with the desired end in view have
been before Congress, but have not re-
ceived the approval OF that body. The
recommendation is renewed, therefore, In
the interests of Justice and good admin
istration in the navy. and economy, that
a law be passed granting this much-need-
THE events of the past few years and
the experience had since the last annual
| report of this office Rave emphasized the
| Importance and the growing need OF
| law permitting the use OF dispositions be-
| fore naval courts-martial and courts of
enquiry, concerning which ursaiit and fire.
| quent recommendations have beer made
| previously. As stated heretofore, the
| practice commends itself from every point
of view, and is now in vogue in the army.
| The recommendation is earnestly renewed
| that this matter receive the favorable at
| tention of Congress.
| THE recommendation repeatedly made
| in prior annual reports that Congress pe
| asked to simplify the present system un-
| der which examinations are conducted by
| naval examining and retiring boards is
| renewed"
Continuing his report, the Adjutant
I General says:
Owing to the fact that the words both
at sea and on shore in the proposed form
| of finding engendered, as 1t is understood,
! opposition to the bill among certain Off
| GERS who perform shore duty only. and
| believing, while the criticism of this form
| is. not Justified, as IL is a formula only,
| that nothing could be more comprehen-
! sfve than a certificate that an officer has
| the qualifications to perform efficiently
| all the duties of the grade to which he Is
| to be promoted l recommend that the
| bill. be submitted to Congress in the
| amended form-that is. with the words
| both at sea and on shore appearing in
| the above-quoted form of certificate,
| omitted
Under the terms of article IS OF the
| articles for the government of the navy,
| general courts-martial may be convened
| only by the President. the Secretary of
the Navy, or the commander-ii,-chief of a
| feet or squadron. Consequently II is
| deemed incompetent for the department
| to authorize officers commanding naval
stations in the island possessions of the
| United States to convene general courts,
and this inability gives rise to great in
| convenience, an apt illustration being
| found In the case where the department
| recently was Obliged itself to order q
court-martial at Agana. on the r,mote is
| land of Guam, because the gov ernor of
that island could not be given the requi1
site authority in the premises.
| 1T is recommended. therefore, that the
| Congress be requested to empower the
| department to authorize officers in COM
mand OF naval stations outside the con-
| tinental limits of the United States, to
| convene general courts-martial for the
| trial OF offenders against naval law and
discipline.
| THE privilege of using devices patented
to naval officers is a matter of import
ance to the Government, as has previous
| ly been shown, and the recommendation
| made In my last annual report that the
| Congress be again asked to cons.ier the
| matter Is renewed. In this connection,
attention is invited to bill introduced
| in the Senate and passed March 90 1900
| which contained satisfactory provision
| relating to this subject
THE work of enlarging the naval pris-
| on at Mare Island, for which an appro-
| priation of $751; 900 was made. is now near
\ ly completed, and the additional accom-
| modation thus obtained WILL 1t is thought
| be sufficient for the needs of the service
| In this respect on the Pacific Coast.
Upon my annual visit of inspection to
/ the naval prison at Boston, the same was
! found to be In satisfactory condition as
| to sanitation and discipline. though in
adequate to the proper accommodation of
| the increased number of general court
| martial prisoners. due to the augmenta-
| tion of the enlisted force of the Navy
| and Marine Corps, many among which
are new and raw to discipline. The work.
under the appropriation of S265O0 hereto
| fore made for the enlargement of said
prison is, however, progressing. but this
sum Is deemed insufficient to give the ad-
| ditional accommodation required there
| and an estimate for n further appropria-
| tion of $4,000 for adding $50 cells to this
| prison is embodied in the estimates of the
| Bureau of Yards and Docks for the fiscal
| year ending June 80, 1903. In the mean
| time the Southery at the navy yard. Nor
| folk is used as prison ship and has re-
| lieved the crowded condition at Boston,
| but II is only makeshift and not being
suitable for the purpose could not well be
devoted to this use permanently
"Profiting by my attendance at the con-
gress of the National Prison Association
in September. 1900. where the subjects
considered were discussed by people who
had made a life study of penology, / rec
| commended soon thereafter a trial in the
navy of the plan pursued in a number of
the States of placing persons convicted of
a first offence upon probation by suspend
ing sentence during good behavior. This
system has since been applied in many
cases in which clemency was recommend
ed by the court and where the circum-
stances attending the commission cf The
offences charged, and previous good rec
ord indicated that the offenders would ap-
preciate such leniency. and. by reason of
the lesson thus taught, become efficient
and desirable persons in the naval service.
Thus far the plan has. in the main, oper-
ated satisfactorily. and gives promise of
producing good results.
This system having been found to
work well in civil life, IT ought to be more
readily effective under military discipline
as the person convicted is still under con-
stant observation and within the control
of a commanding officer, so that his SEN
tence may at any time. in case of further
II is entirely remitted in case of good be-
havior.
while this way of dealing with offend
ers which Is employed only In meritorious
cases relieves them OF the suffering and
degradation OF punishment and has a
great influence In reforming them, the
service loses nothing by its adoption as
their regular duties while on probation
From the experience thus far obtained.
am convinced that the plan is a good one
and recommend that it be pursued
SchIcy, Dewey, LemIy, and Potts.
(From the Baltimore SUM-
A Washington despatch printed in the
Sun" yesterday stated that when wit
n