Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-17
q COMING VACANCY
SUCCESSOR TO CAPT. LEMLY MUST
BE SELECTED SOON.
IHe Has Had Three Terms Service as
Judge Advocate General
of the Navy.

Secretary Moody on his return to this
Iaity the end of this week Is expected 10
take up for final consideration the question
of the selection of a successor to capt. ..
, c. Lemly as Judge advocate general OF the
navy. Capt. Lemly has held the once
since June. 1902. and his third four years
farm will expire on the 9th proximo. He
was placed on the retired list In June, iSo<'
on account of disabilities which incapaci-
/ tated him from the performance Oh sea
| duty. but which 1t was held. did not I'M
fit him for the duties of judge advocate
general so he has retained that oHice ho'
withstanding his retirement he entereu
the navy from North Carolina in June, 1859,
and reached the grade of commander In
1902 lust prior TO his retirement in the al
vanced grade of captain. The advancement.
was due to the fact that he held that ram
/ by virtue of his holding the ONCE Oh )uuse
advocate general. He has had a totai sed
service of eleven years and five months anu
! his last cruise ended in May, 1880 he nds
served twenty-one years ana sever me- .o
! on shore duty and has been unempioSeu W"
years His latest important service was as
! Judge advocate of the court OF INQUIRY III
The case of Rear Admiral w. s. Schiey'
All Sorts of Speculations.
/ There are all sorts of speculations current
IN regard to the prospective vacancy, but TO
ono of them seems to have the stamp OF
ON official utterance. One report Is that
Cant Iemly Is to succeed himself, ana
s another Is that the President and Secretary
Moody favor the selection of a civilian law
Yer for the office. Another report Is ina.
+ Mat Charles McCawley of the marine
corps. one of the President ARDS Is STAT ;s
for the place. And still another report Is
that the President may adopt the piail SUB
pested by the general board many months
ago which contemplated a DIVISION ol INC
1rn ad
toroI into a military and civil branch, the
former to include all legal matters per TAM
ling to the commissioned personnel anu Wy
enlisted force of the navy and marine coip
| as courts martial and the like, ana the CIVIL
! branch to contracts and other adminlstra-
! tive affairs of the department. Inc piau
! contemplated that the legal military uu.leS
be transferred to the bureau OF naVisa'' IN
while the remainder of the work OF the
office be intrusted to civilian lawyer
Learned in the law.
: THE opposition to the reappointment or
Capt. Lemly is mainly on account OF ms
physical infirmities, but some OF the
friends Of other candidates argue against
a fourth term for a bureau chief as BAD
policy.
The Case Of Mr.. Hanna.
In case the authorities decide to place
a civilian in charge of the affairs OF the
Office, 1t is said that the most natural Sc
lection would be Mr.. Edwin p Hanna, So
UCitOr OF the ne mas o0SiA
Capt Lemly's chief assistant for several
wears and always has acted as CHER or
the Office in the latters absence. he is
trained lawyer and is perfectly famlilar
with the business of the office ana the
laws governing the naval establishment
He was Capt. Lemly's chief assistant In
the Schley case and took prominent
part in the arguments before the court
and in the examination OF witnesses. Ihe
office of solicitor was created by Con-
gress for his especial beneft, and his ad-
ministration of it's affairs has given gen.
eral satisfaction to the different secre-
taries under whom he has served. His
advancement would be in strict con-
formity with civil service principles, as
he is next in line of promotion. 1t Is pos
sible. however, that the President and
the Secretary of the Navy may have some
one else in mind for the vacancy, either
some officer in the navy or marine corps
or some one outside the service.
D. There are two opinions as to the power
of the executive to go outside the serv-
ice for a judge advocate general or to
transfer the military duties of the Office
to another naval bureau and place a
civilian in charge of the remaining du-
ties. One side takes an affirmative view
of both propositions and the other side a
negative view. In view of the fact that
Capt. Lemly's term of office expires on
the 9TH proximo it is expected that the
President will take the questions involved
under consideration soon after Secretary
Moody returns to the city from his in
spection trip to Cuba and southern naval
stations