monplace that life is too short to encourage Admiral Schley in his appeal lays most the publication of any more of the career stress, and which he especially asks me to even of one individual, not to speak of two, consider. I have, therefore, carefully inves than the pleadings, evidence, and rulings in tigated this matter also, and have informed myself upon it from the best sources of in the case at bar require. It is essential to the appreciation of the formation at my command." Thus the expression of the presiding member of President of the United States by his action this military court concerning command thus expressly taken to meet both the final and credit, to recognize the elementary statement of the dissenting member and the principle that thereby he raised a sub appeal of the applicant sustains the authority stantial issue which exists in the conflict of a member of a court of inquiry to give between the right to arbitrariness in mili advice which is not strictly proper as regards tary authority and the principles of common the interests of individuals but may help his law and equity, as both strive for predomi superior officer by putting such superior nance in courts of inquiry. The legal upon inquiry to an extent beyond that un question is not, was he fair or just, or wise dertaken by the court. This action of the President of the United or unwise? but, even if he was unfair, did he exceed his authority as an adviser of the States is consistent with the fundamental government? The careful decision of the principles of military power. The action of Secretary of the Navy goes no farther a subordinate, although not strictly proper, expressly than to hold that, in this case, and although possibly unfair to some in the court properly refrained from making dividual, is treated as useful when in fact a finding and rendering an opinion on under the circumstances of the case the su perior finds it useful, even if its usefulness those questions on which it excluded evi consists in the expression of what the su dence. The President of the United States while perior upon examination finds to be a mis confirming this decision of the Secretary of take. Advice is not helpful merely when it the Navy as to the " propriety " of the action is taken. When it is not taken, the fact that of the other members of the court, does not it has been considered may strengthen its deny or dispute the authority of the dissent opposite. ing member to express himself as he did concerning command and credit. The Presi dent of the United States, after approving of ARGUMENTS FOR ADMITTING AD MIRAL SAMPSON TO THE IN the silence of the others in not expressing QUIRY WERE ESSENTIALLY an opinion upon excluded matter, says, " The BASED UPON AN EQUITABLE, matter has, however, been raised by the AS DISTINGUISHED FROM A president of the court." Thus he treats MILITARY POINT OF VIEW. the dissenting member as one of three con The court certainly had power under the fidential advisers whose report he seriously considers as an act within such member's order creating it to permit at its discretion, which was a trust to be guardedly used, the power whether it be strictly proper or not. The President of the United States then subjects of the command during the battle continues as to command and credit as fol of Santiago, and the responsibility and credit lows : " Moreover it is the point upon which incidental to such command, to be examined.
