COURT OF INQUIRY. In English Law. A court sometimes appointed by the crown to ascertain the propriety of resorting to ulterior proceedings against a party charged before a court-martial. See 2 Steph. Com. 590 ; 1 Coler. Bla. Com. 418, n.; 2 Brod. & B. 130. Also a court for hearing the com plaints of private soldiers. Moz. & W. Diet.; Simmons, Cts. Mart. § 341.
In American Law. A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation, or imputation against any officer or soldier.
They are not strictly courts, having no power to try and determine guilt or inno cence. They are rather agencies created by statute to investigate facts and report there on. They cannot compel the attendance of witnesses nor require them to testify; Mil. Law 220. They may be convened by any military commander who has power to con vene a court-martial to try the charge which is to be inquired into. The President may convene a court of inquiry at any time ; oth erwise they can be convened only on the ap plication of the officer or soldier whose con duct is in. question. They are composed of
from one to three commissioned officers, with a recorder. They give no opinions unless re quired to do so. 119th Art. of War. Their proceedings are admitted in evidence by a court-martial, in cases not capital nor ex tending to the dismissal of an officer, if the oral testimony cannot be obtained; 121st Art. of War.
A naval court of inquiry may be ordered by the President, Secretary of the Navy, or commander of a fleet or squadron, consisting of not more than three commissioned officers. They "have power to summon witnesses, etc., in the same manner as courts-martial, but they shall only state facts and not give their opinion unless expressly required so to cto" in the convening order. The person under inquiry, or his attorney, have a right to cross-examine witnesses (R. S. § 1624). The Act of February 16, 1909, provides for sub poenas to witnesses. See COURTS-MARTIAL (naval).