The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-05

only. This is to ascertain facts in any
case that is complicated and for the
information of superior authority only
A court of this kind may be convened
by COurtmaTtial. In the Schley court
Of inquiry the main purpose will be to
clear UP matters of public welfare,
and, believing himself to be aggrieved,
the rear admiral stands in the legal
sense of demanding exculpatiOn for
something he did or did not do. While
Schley may demand the presence of
any witness he chooses, and may be
represented by counsel either in the
navy or out, he is cut off absolutely
from all connection with the court, eX-
cept as chief witness for himself. Yet,
as in civil law, he is not compelled to
testify for or against himself, and any
failure to appear as a witness. or any
refusal to answer questions, must not
mitigate him in the general summing
UP.
The Schley court Of inquiry viii not
have the authority to convict. 1t will
simply record, sift and methOdize the
information CLEANED, and its report will
alone determine if further action is
necessary. For this reason the court
viii have only semi-judicial authority,
which viii, however. be distinguished
for great precision as regards docu-
mentary evidence. The extreme strict
ness of a general courtmartial cannot
prevail in a court of inquiry Of the
Schley character. The scope Of inves-
tigation will depend absolutely upon
the instruction from Secretary Long,
which, while minute and definite, is like
that of a courtmartial only so far as
it applies to the work of a grand jury.
@ q g
Members of a court of inquiry are
disqualified from sitting as judge and
jurors in any eoUFtmartial that may
follow, for the reason that while they
are supposed to record the facts only
as an opinion, they are held to have
been exposed to Impressions which
might operate against a fair trial of
the accused. A court of inquiry, there
fore, has really only the power to sum
/ mon witnesses, administer oaths and
/ punish contempts. It's members can
only state facts. and seldom give an
/ opinion unless demanded by the order
/ converting the body.
! Rear Admiral Schley viii have the
/ right to challenge any or all members
of the court. He will have the privilege
/ of addressing the court and personally
/ examining all witnesses, which is
usually not permitted in civil tribunals.
J His presence is not obligatory but IS
/ fixed by custom and advisable.
There is no statute of limitation to
/ ones demanding a court of inquiry, as
I may be judged by the action Of FItz-
1 John Porter and Lieutenant Colonel G.
I n W aEIeus III 1o4o anu LoeDs Wien lAAGg
/ demanded a court of investigation TO
| inquire into the military conduct during
/ the war of the rebellion, 1876. A
1 court of inquiry cannot fix punish
/ ment, and is unlike a civil court in
| that respect, as also because its power
is only temporary. being dissolved by
/ the authority which ordered it to con-
/ vene. In a word. the full scope of a
I court of inquiry of the Schley order IS
well and truly to examine and in
| ouire"-that and nothing more.
With a courtmartial everything is
different, even to the judge advocate
| irving to convict, whereas in pre-
I Urinary investigation, such as q court
Of Inquiry really is, that officials sole
purpose is to get al necessary facts
from witnesses. The authority OF 2
| courtmartial is much more limited
than that of a civil tribunal, and its
powers have been cut hundred folo
since 1853 when Robert Blake George
Monks. John Disbrow and William
4 Penn. all admirals and generals under
the English flag. acted under the au-
thority Of parliament and issued IN
structions to all commanders OF ships
TO govern and punish all persons gullts
of fnfractions of the naval laws Ahs
ouiy. persons in the country authorized