The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-21
ELIGIBILITY OF HOWISON.
Mr. Hackett Soon to Act on Admi.
raj Schley's Suggestion.

raj Sehley's Suggestion.
The Probability Il That He VIII Re-
fer the Matter TO the Consideration
of the Court of Enquiry n Being
in the Nature of a Challenge.
F. W. Hackett. Acting Secretary OF tha
Navy. viii take some action today or to-
morrow upon the request OF Rear Admiral
schley's counsel that Rear Admiral How
ison be asked 10 say whether he was cor
rectly reported in an alleged interview re-
/ garding the conduct OF Rear Admiral
sch!ey- just what this action viii De Mr..
I Hackett today declined 20 say. There arc
indications. however. that the Navy De-
partment VIII not call upon Rear Admiral
! Howison for any explanation. but viii re-
( fer the letter 10 the Court OF ENQUIRY.
/ II is said that the communication from
/ Admiral Schley regarding the alleged in
/ terview is practically a challenge Of Ad-
miral Howison as a member Of the Court;
/ that "a challenge does not mean a demand
/ that a member be removed. but may con-
I q at-'7laa'+-AAAA VI AllG LlEM. OF q
member Of the Court 70 take part in the
proceedings The practice Of the Navy
/ Department IN courts Of enquiry has al
ways been that challenges are not made
until the court convenes. When the
court opens, one Of the first questions
asked is whether there is any objection
90 the formation Of the court. This, II is
said. is the time for any objection and It
is stated at the NAVY Department that II
is very improbable that M Hackett will
at this time entertain any challenge OF
Admiral Howison IN opposition 20 the US
uaI course followed IN naval courts OF en-
quiry
II this view is entertained by Mr. Hack
EFT il is supposed that he viii hold first
that Admiral Schiey's letter constitutes a
questioning Of Admiral Howis0n-s s right to
sit upon the court. and is therefore
challenge and, being in the nature Of a
challenge. ii is not in order for tAe Navy
Department 20 act upon It.
Following this line Of reasoning. Nj
Hackctt viii probably notify Admiral
Schley that his letter VIII be forwarded to
the Court OF Enquiry FOR its action II Is
said further that the rules Of the depart
meut permit the challenging OF any mem
Der Of The court any time during the
hearing should il appear that something
unknown before the court was convened
is discovered which might raise a cues
tion as 20 The members prejudice The
custom IN such a case is for the members
Of the court TO enquire OF the challenged
member as TO the charges against MIN
and satisfy themselves as TO his right 70
90 On with the enquiry.
Admiral SchIey and his counsel Judge
Jere n Wilson worked steadily On the
case 10 be presented 20 the Court OF In
curry at the Shore nam this morning Ad-
rnIral Schiey is row waiting for the set
uement OF the matte -.--'-~.---s---- 49,
HOwison's alleged
his conduct. 10 whic
called the attention
ment
During Captain 7
from Washington b
had conference v
is said 70 have obr
taiked-of interview
son in which he gave the creCIJ OF IEe VIC
tory OF Santiago 10 Admiral Sampson
II is said that he was assured that the
interview was accurately reported and
that the writer was willing 10 make oath
that Admiral Howison made the state
4NvulS ATTRIBUTED 70 MIN II was upon this
positive assurance that upon Captain Par
ker's return 20 Washington. Admiral
Schley decided 10 bring the matter 10 the
attention Of the department II IS said
the reporter is willing 10 come to Wash
inSton and testify that Admiral Howfson
was correctly reported and he will proba-
bly, be here when the court meets
M Rayner win reach Washington to
morrow, and It is expected that an i'm
portant conference between the admiral
and his attorneys will follow. Both Mr.
Rayner and Judge Wilson are going deep
ly into the case, thoroughly famiiiarizinE
themselves with the details OF the West
Indian naval campaign
Judge Wilson's apartments al the shore
ham are stored with papers and docu-
ments bearing upon the subject. AcmiraI
Schley is giving all the assistance. posi-
bic in the preparation OF the case. which
is rapidly taking definite shape.
Acting Secretary Hackett was advised
by Captain Lemlv that he would return
To Washington on Friday He had in
tended remaining away until Monday. but
viii come back iu order to facilitate the
preparation Of the list Of witnesses which
Admiral Schley has requested and TO get
other matters in shape Tor the Court Of
Enquiry