Evening capital. (Annapolis, Md.) 1884-1910, 1905-11-09
MAY ABOLISH NAVY code"
SECRETARY BONAPARTE WILL
PROBE BRANCH CASE.
Referees of The Recent Encounter
At Academy Are Reduced
In Their Rank.

r. Branch, Jr., OF New York, whose
sudden death occurred on Monday
morning at the Naval Academy, after
a fistic combat with Midshipman Mer-
riwether. were scarcely laid in the
grave when an investigation. which
promises to be a searching one. was
begun.
Secretary Bonaparte, of the Navy,
has issued orders for this investigation
IN which he intends to probe to the
bottom in order to get st the circum-
stances which caused Branch's death
with in forty y-eight hours after he had
participated in an "honor fight with
Midshipman Merriwether. of Iowa.
The official report of the Navy Depart
ment from Admiral Sands, superinten-
dent of the Naval Academy, has been
forwarded to the Secretary of the
Navy, who received it today.
1t is understood Admiral Sands
treated the matter vigorously in his
report and made it clear that he does
not sanction the so-called 'code of
honor of the Midshipmen. in pursu-
ance of which differences have for
years been settled under the Marquis
of Queensberry rules at the Academy.
His position i understood to be that
Midshipmen. like officers and enlisted
men in the Navy. can have only one
code of honor. that being the regula-
tions of the Navy, which do not sane
tion the settlement of disputes by
fistcuffs.
It now seems almost certain that the
immediate result of the receipt of
Rear Admiral Sands report will be
the ordering of court of inquiry, to
be followed in all likelihood by a
court t-martial. Although without off
cial advces, Mr.. Bonaparte had been
acquainted with the details of the
affair unofficially. He held several
long conferences during yesterday
with Admiral Converse, chief of the
Bureau of Navigation. through whom
verbal instructions have been sent TO
the Naval Academy calling for rigid
investigation.
The incident has seriously affected
the standing of Midshipmen Aubrey
Wray Fitch, of Michigan, and Leigh
Moves, of Vermont, who acted as
referee and timekeeper, respectively,
to the fighters, the late Midshipmen
Branch and Merriwether. Both were
cadet lieutenants and have been re-
duced in numbers The referee is
said to have served in the same capac-
ity in eighteen previous contests.
Two other junior officers may be
affected, as it appears they rendered III
possible for Branch and Merriwether
to fight their 90 rounds in one of the
smaller rooms of Bancroft Hall in the
presence of the timekeeper, the referee
and two seconds for each OF the prin-
Ecipals.
The legal status of the case of Mid.
shipman Meriwether has been jDfor.
mally discussed at the Navy Depart
ment, Washington, where the opinion
obtains that he is not amenable to the
state laws of Maryland. Under the
terms of the cession of Naval Academy
territory to the Federal Government
civil processes run into the territory
of the Naval Academy and criminal
processes run into that territory only
for occurrences outside the grounds OF
the Naval Academy AS the fight
took place in Bancroft Hall, it could
no be reached by state criminal pro-
cesses and could only be reached
through proceedings instituted in the
Federal courts in Baltimore.
This phase of the question was gone
into by Secretary Bonaparte some
years ago, when the matter of reach
ing a naval officer by civil process
was under considerati On in a case in
counsel 1t i understood that Mr..
Branch, the father of Midshipman
Branch, has no disposition, even if it
were possible under the state laws to
reach Midshipman Merriwether by
criminal process. Unofficial informa-
tion obtained by private investigation
indicates that Midshipman Branch is
sued the challenge for the fight.
1t appears that while in the line of
duty he discovered civilian attire while
inspecting Midshipman Meriwether's s
quarters. 1t is forbidden by the naval
regulations that midshipmen have any
civilian attire at the Academy and
Midshipman Branch gave MidshipmaB
Merriwether 80 demerits in accordance
with the regulations, when he report
ed the result of mis- inspection. The
claim is made that there had been a
little feeling between the two midship-
men prior to the inspection, and the
olassmen of Merriwether felt that Mid
shipman Branch disregaTded the usages
in making an inspection of a character
| thorough enough to discover the
civilian clothing. It is claimed that
in resenting the matter Midshipman
| Merriwether intimated that Midship-
man Branch was a coward aud a
"sneak''-words calling for physical
settlement, according to the code CT
honor in vogue at the Academy.
When the facts are reported to Sec
retary BonapaTte it 10 said that it will
be apparent that Midshipman Merri
| wether's classmen agreed that he
should accept Midshipman Branch 's
| challenge, and that there was a disre-
gard of the supper formation on Sun
| dav night so as TO enable the meeting
| between the two men to take place at
| Bancroft Hall. The result OF the dis
| closures likely TO be made will prob
| ABLY be the abolition of the dueIlo code
/ at the Academy. MidshiprSen will
not be permitted TO sanction any code
but that Of the naval regulations, OF
| tosmske any mental reservation from
the latter TO facilitate the employment
| Of any other rules in the settlement
of questions of honor.
Under tie so-called code of honor
/ that has been in vogue at the Naval
/ Academy these fstic duels must be
! fought 2S rounds or a finish. 1t is
claimed that in the present case the
| fight was called of at the end Of %
rounds because il was thought the
| officer on duty was coming down the
corridor, ,ssaud it is.said that, after get
| ting the Apartment in shape, the prin-
cipals and the six who witnessed the
contest scurried to their rooms. Mid
/ Snir,u,au Pranch Immediately retired