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 A Legal View of the Schley Inquiry. concerned. Although that paragraph con cerning command and credit was so peculiar and was not approved, it gives occasion to a study of some of the difficulties of the members, who are inquirers rather than judges, of a " court " which is a board rather

plicant's appeal, establishes a valuable prece dent for the individual members of military courts as to their power and their relations to the Commander-in-Chief. It is a possible, but hardly probable, theory that this peculiar part of the

HON. JEREMIAH M. WILSON.

than a court. Such a study as applied to that paragraph serves to show that the legal treatment of it, by the Secretary of the Navy, established a valuable precedent for military courts. Also the military treatment of it by the President of the United States after the appeal as a point " raised by the president of the court," as well as by the ap-

dissenting opinion may have been the result of an opinion on the part of the dis senting member that the evidence which had been excluded should have been ad mitted, and that Admiral Sampson's coun sel should at least have been heard. Since military judges may be arbitrary by pre cedent, he may have regarded himself