The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-28

| similar capacity. The names and connec-
tions OF the counsel suggest the milk in
the cocoanut.
| -Four years ago RUNKLE was dismissed
from the army by sentence OF O court
martial for misappropriating the funds Of
| the Frccdmon's Bureau, Of which he was an
agent by the appointment Of that eminent
| Christian soldier, q. O. HOWARD, who had
himself set the example at Washington OF
making FREQ with the money voted by Con-
| grcss for the benefit Of the negroes. The
sentence of RUNKLE imposed Dismissal, four
years in the pcnitcntary, and a fine OF 1850
BELKNAP, then Secretary OF War. recon-
mendcd that the Imprisonment and fine
should be RENTED, and the finding of the
court was approved with those exceptions
That is TO say, RUNKLE was dismissed
from the army in disgrace, but freed nom
| the additional penalties. And now, after
this final action and the lapse OF four years.
| the case is rc0pened at Washington upon
| the most flimsy and discreditable of pretcxts.
| 1t is alleged that the law requires the Prcsi-
dent in such cases to review the action of
the Secretary of War, and that this formai-
ty was not fulfilled. Whether the allegation
be true or false is not material, for the act
of the Secretary was the act Of the Presi-
dent, and has been 80 held by repeated de-
cisions OF the Supreme Court.
Upon the technical plea that tho mere
form was not complete, and therefore the
sentence OF 1873 was held in allegiance await
ing the Presidents approval or disapproval,
HAYES resurrected the case. disapproved the
finding, restored RUNKLE to his rank, and
gave him nearly twelve thousand dollars to
sootho his wounded feelings for having been
convicted 10y u court martial of having
stolen the frccdmens money. He took this
condemned criminal from the gloomy exile
and infamy ~ which his crime had con-
signed him. rObed him in the uniform OF tho
United States. and forced him into the OIL
cial companionshp Of honorable and gallant
soldiers, who regard him as u thief and u
scoundrel.
All this was done upon the sham OF mis-
cradle technicality, which will be shown to
be as false as the whole proceeding was dis
graceful. And now when its validity and
the example are tested by cases OF real
merit, and without the least stain Of dis
honor to faint them. it is suddenly found
that the relief only applies to this single
and infamous case, where u criminal has
been reinstated by fraud, and the army hns
been disgraced 10y the restoration Of an out
cast.
In the case OF DR.. DRAPER there was no
such offence against dcccncy "a is notorl-
Gus in that Of RUSKLE. II is claimed to
turn upon an imperfect resignation in the
beginning Of the war, demanded by the
Navy Department under misapprchension
Of facts. Without going into the merits of
the questions involved, 1t Is enough to say
they We're closed long ago 10y the lapse Of
time and by the action Of the Department
Private claimants are barred by statute
against relief for the most serious injuries
10y the failure to comply with requirements
Of the law. There must be a limitation to
claim such rs is set up in this instance.
since the Treasury would be bankrupted
II the door was once opened.
Congress has gone out OF the way fire.
quently to give relief to officers of the army
and navy who were shut out by the regula-
tions of the service. II by any strain upon
those regulations, or gross wrong such as
exists in the case OF RUNKIE, the Executive
has interposed and disgraced the army by
restoring felon to rank and pay then 1t is
the duty Of Congress to legislate that dis
honor out Of the service In any event, the
House Of Representatives Is now called
upon to investigate both these recent cases.
and To decide whether there has not been
glaring injustice perpetrated, merely to
serve personal and partisan interests Gen.
BANNING, the Chairman OF Military Affairs,
will not, OF course, undertake to investigate
RUNRLE, because Of his family relations
with him. The legal questions connected
with his restoration belong to the Judiciary
Committee, and a resolution covering the
whole matter will be in order at once after
the reassembling Of Congress.