The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-07-25

been given on this point it is assumed
about the Navy Department that Adj
miral Dewey will be president of the
court which will inqire into the whole
controversy converting AdmiralSchley's
actions during the Spanish war. There
also is an impression that the two
other members of the court will be re-
tired naval officers or at least officers
who had no connection with the San
tiago campaign The selection of re-
tired officers would have a double adj
vantage. 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 it's work until
fall. Secretary Long said today that
it would be unfair to ask a court of
inquiry to convene in Washington. dur
ing 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 fr a court of inquiry had
been received by Secretary Long soon
spread through the Navy Department
and not since the recent war days has
one theme excited such general atten-
ton.
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 Statute of Limitation, and while it
bars a court martial relating to the
Santiago campaign, it 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 a court martial.
An important feature in the order
directing the court is that specifying
whether it shall state only the facts
found, or shall also give an opinion
based on the facts. Uness the order
expressly equies the cout to give their
opinion they are confined to stating
the facts found. 1t is considered quite
probable, however, that in case of
this Importance the order would di-
rect the court to record it's opinion as
well as it's conclusion of facts.
Whether the investigation shall be
held in open court or not is decided
the convening order This leaves OPP
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 it.
When the court of inquiry reached its
decision. all the papers are forwarded
10 the judge advocate general of the
navy and the final approval of 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 would be made knwn tomor-
row. Meanwhile there is much specula-
ton as to theh members of the court
other than Admiral eDwey. The sec
retary himself, says there is no war
rant for the announcement of any par
ticular name as he still has the ques-
ton under advisement. 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 alb
sent 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
as the private office of the Secretary
of the Navy and now used as an ante
room to the office of the secretary and
assistant secretary.