The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-22
Request that the Rear Admiral BE
: Taken on the Naval Board of
Inquiry Not Granted.
REFERRED TO THE COURT ITSELF
WHICH ALONE CAN DETERMINE
HOwIsON's COMPETENCY.
Acting SECRETARY Hnckett of Opinion
that Rear Admiral Schley's
Proposition Is Irregular.

WASHINGTON, Aug. 21.-The Navy De-
partment this afternoon gave out the cor
respondence with Admiral Schley relative
to opinions said to have been expressed
by Admiral Howison, a member Of the
court of inquiry. The closing letter of the
acting secretary of the navy states that 1t
would be irregular for the Navy Depart
ment to hear and determine questions af-
fecting the competency Of members of the
| court, and advises Admiral Schley that the
| question of admiral Howison's competency
be left to the court of inquiry itself. The
correspondence follows:
Washington, d. c., Aug. 10.
ITO the Secretary of the Navy;
"Sir-I have the honor TO inclose here
with a newspaper clipping in when Rear
selected to fill the vacancy caused by. the
| relief of Rear Admiral l.. A. Kimberly from
the court of inquiry. is represented 10 have
expressed certain opinions. If this state
ment, taken from the Boston Record, be
true il would, In the judgment of my coun-
sci, disqualify him for serving in this m
quiry.
81 respectfully request that a copy of
this letter with this Enclosure be submitted
to Rear Admiral Howison for his consid-
Grafton, and i would further request that /
may be favored with a copy of his answer.
/ have entertained hign personal regard
for Rear Admiral Howison throughout a
long professional service, so that / feel sure
that II the statements expressed in the in
closure are true, Rear Admiral Howison
would not be willing to serve as a judge
| under such circumstances. l have the honor
to, very respectfully,
Rear Admiral L. S. N"
Navy Department. Washington. Aug. 20.
Rear Admiral w. S. Schley, L. S. N:
''Sir-Your letter of the 10Th inclosing
newspaper clipping in regard to alleged
statements of Rear Admiral Henry T.
Howison. was received by mail this morn
ing. Soon after it's receipt, Capt. James
Parker, one of your counsel, called at the
department and stated that he intended to
| go to Boston on Saturday to make a fur
Their investigation in the premises and
wished that no step be taken by the de-
partment until the result of his visit could
be communicated TO the department. The
| department will be pleased to learn i'm
mediately if IL be your desire that action be
Withheld for the present. Respectfully.
IF. w. HACKETT, Acting Secretary
THE Arlington, Washington, Aug. 20.
"Sir-In reply to the departments letter
OF this date. referring to clipping con-
tanning alleged statements of Rear Ad-
miral Henry l.. Howison, | would say that
/ believe the action requested should not
be withheld as it's purpose was to avoid
any delay in the court after its session
| had begun. l beg. therefore. that the re-
quest of my letter of yesterday may be
c~ommunicated to Admiral He Sysq Very
respectfully Rear N Adj i ScH g. s. N.
the Secretary of the Navy, Washing
| ton"
washington, Aug. p.
"Sir-In reply to your letter of the 18th
inst, inclosing a newspaper clipping and
| requesting the department TO send it to
Rear Admiral Howison, together with a
| copy of your letter, you are Informed that
the appointment of Rear Admiral Howison
| as a third member of the court of inquiry
was accomplished only after taking great
pains to insure absolute impartiality in the
officer selected. To a question unofficially
| put as to his availability in case the de-
partment should require his services, Rear
Admiral Howison replied:
~ know of no reason why | should not
be available for such duty. should the de-
partment so decide. | have made no public
utterance relating to the subject and |
! have seen none Of the official reports and
papers bearing on the questions TO be de-
cided by the court
Your counsel. Captain Parker, before
| the appointment had been announced. men
toned to the acting secretary the names of
certain rear admirals. any one of whom.
he said. would be perfectly satisfactory TO
Rear Admiral schley, One Of the names
Howison. 1t may be added that of four Of
ficers consulted by the department, the
names OF three were on the list thus men
been detailed in order to renind YOU of the
| fact that a fair-minded officer of excellent
| reputation and of unblemished character
had been found in the person of Rear Adj
miral Howison, who, at the date of his APP
pointment. appears to have enjoyed the
commence OF DOtn the department anu
yourself.
Your request is based on a newspaper
clipping that purports to contain state
ments in regard TO the truth of which you
do not yourself express an opinion. You
ask the department to lay before Rear
| Admiral Howison a statement wholly I'M
| substantiated that appears to have been
| made by some person unknown, at a time
and place likewise unknown. The depart
ment Is unable to view your request in any
other light than that of a preliminary chal-
lenge of the fitness of Rear Admiral Howl
son to serve as a member of the court.
1t will be treated as is usual in cases Of
courts of inquiry. The established practice
in the military, as well as in the naval.
service has fixed the method in which the
| right of challenge before courts-martia and
courts of inquiry shall be exercised.
THE department, having constituted the
court. should not at this stage of the pro-
ceedings undertake to hear and determine
questions that may arise respecting the
competency of its members. Such a pro-
ceeding would be irregular. all questions OF
this nature being left to the determination
of the court itself.
This correspondence will be transmitted
to the president of the court for its in
formation. Respectfully,
IF. w. HACKETT, Acting Secretary.
Rear Admiral Schley, t.. s. N. City"