Evening capital. (Annapolis, Md.) 1884-1910, 1905-12-20
CANNOT DISMISS HATERS.
THIS is OUT OF THE SECRE-
TARY'S JURISDICTION.
They Must Be Tried BY a Naval
Court Martial Before Other
Action Can Be
Taken.

Attorney General Moody has inform
ed Secretary of Navy Ronaparte that
it will be necessary TO Try by court
martial the midshipmen guilty Of haz-
ing at the Naval Academy.
The Secretary has written letter
to Senator Hale, chairman of the SEN
ate Committee on Naval Affairs, and
Representative Foss. chairman OF the
House Committee on Naval Affairs
in which he requests the immediate
enactment of a law giving the Secre-
tary of the Navy authority IN dismiss
any midshipman he shall deem un-
worthy of athe naval service. A few
days ago Secretary Bonaparte submit
ted TO the Attorney General the alb
stract question as to whether cadet
must be tried by court martial as a
condition precedent to his dismissal
from the academy.
The Secretary did not name the two
midshipmen in uestion-Coflin and
Vanderveer, but he did state that "A
case had recently arisen at the acad-
emy wherein two midshipmen had
hazed another. The ATTORNEY. Gener-
al told the Secretary that his conclu.
sion was adverse 10 the assorted rights
of the Secretary 10 dismiss midship-
man aud he promised to supply an
opinion in full legal form within a
short time.
1t is now the duty of Admiral Sands.
superintendent Of the academy. t.
order Coffin aud Vandeveer before
court martial under the termS of an
act of 1874, and if they are convicted
of hazing they must be dismissed from
the academy. He will be instructed
70 IA, ic offap ha
Generals formal opinion is received
at the Navy Department. Secretary
Bonaparte is seeking legislative au.
thority to make dismissal himself in
such cases, but such legislation would
not be retrospective or affect these two
midshipmen.
Secretary Bonaparte has addressed
letter of some length to Senator
Hale and Representative Foss, in
which the Secretary says he desires
Congress to frame bill giving him
more power to act in the premises.
The Secretary suggests the immedi ate
enactment of bill. the substance of
which will be the following:
1.-THE Secretary of the Navy shall
have power and authority, in his dis
cretion, to dismiss, at any time, from
the United States Naval Academy any
midshipman whose continued presence
at the academy he shall deem contrary
to the best interests of the service.
All acts or parts of acts inconsisten {
with the present act are hereby re-
pealed. This act shall take effect from
the date of its approval and shall APP
ply to all midshipmen now connected
with the United States Naval Acad-
emy, or who shall hereafter be con-
nected Herewith -
There has been some rumor that
George +. Keene. Jr., of Rhode Is
laud, the member of the first class
who was dropped yesterday ON account
of physical disability, was. in reality.
dismissed ON account of tampering
with witnesses before the board of in.
vestigation. This is not and could
not be the case, as it would mean a
deliberate conspiracy between the su-
perintendent of the academy and the
medical officers. As matter of fact
Keene has physical trouble which
caused mis- failure before the board
last year. Heywas given another trial
and failed again. and this time it was
final. He was compelled to give up
football this season on account of the
trouble.