The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-14
ARMY INTELLIGENCE.
THE CASE OF MAJOR RUSKLE-A REAINIscENcE
OF THE FREEDMAN's BUREAU.

OF THE FREEDMAN's BUREAU.
WASHINGTON August Is, 1877.
The case Of Major Benjamin. p Runkle, which the
Washington papers have summary disposed oil by
restoring that officer his rank the retired list oil
the army with $1,000 back pay, has not yet been
deGuitvely settled. Several nice legal points are in
voved and the matter now beIoro the Secretary Of
War for final action.
HISTORY THE CASE.
The authentic history OF the case is rs fol!ows;-
In January 1866 by special request OF General Howard
Major Runklc then Lieutenant colonel Veteran Re-
serve corps and brcyet brgader general Of vounteer
was assigned to duty Ia the Frsedman's Bureau.
Howard appointed him Assistant Commissioner OF ia Q
Bureau for the State Of Kentucky to pay boantes TO
colored soldiers In August, 1872, he Was tried ny
cour. martial at Louisville for filling TO pay aud mis-
appropriatng and applying To his own use $2,oo9 81
lr;rused 70 him to pay TO claimants, aud Tor conduct
unbeco ming an officer and gentleman. The court
found that he had failed to pay s24so So OF which
1910 90 had been misapproprated as charged He was
also found guilty OF conduct unbcconing an officer and
a gentleman, and sentenced ~ folows:-
TIKI sENrENcE .
punishment TO be published in the OF tho State
W S Usually 50 ess 10 ss Ss
dsnt Of the United states direct for the period o. four
posed expiration four that he be KEEP, In con
Hnemcnt the penitentsry nnin me nns 90 Paa TIE
oil mprisonuent however, not to exceed eight years
BRLKSAP's BLUsDxR
Under article or war o5 (artcIc l04 Revised Statuies
no sentence OF court martial 10 time oil peace direct
ing the dismissal OF an officer can DC carried into enec
until IL shall have been confirmed by the President
This renders the Presidents written approval neces-
sary but his signature not obtained IN this case
The usual order however, was issued oy secretary
Belknap January Is, 1878, supplemented by these
remarks:-
going case OF Major BENJAMIN r Runkle. United states
action Of the court in rsetns evidence
written by witness for the proseeusion ana onered 70
the witness in relation TO the
inssmuch however in the review Of the case 4. was
that the Whole ,ssimopy OF this Wrns, e2as
Of the testimony for the prosecutions apon which the nnd
does not affect the validity Of the sentence
The finding, ana are appsoys:a h, .,s
bers of the court shall receive Executive
saa Of lis former god shaiseser d
ey TO tss war and Ma an @
his offence committed suffering under great
esaSsy
be utterly unable 20 pay the fine imposed tn. President
sashsrns which wiz ss dsy s,i,ss
officer Of the army from the date OF this
'''' HOW THE MONEY WAS USED.
From evidence gwen before tho Howard Court oil
Inquiry in 1874 appears That Major Runklc did not
| apply the money his own use, but TO make good
some wrong pay menis made by his agents The legal
points TO DO decided whether Major RunKle can lie
restored to tho my WltucuL tuc kuVCc nuu CoHsvh
OF the ate nrst obtained and whether he Is entitled
| TO pay from the date Of his dismissal. On the first
| point the law Is that
No officer of the army cashered dismissed by SEN
tence OF martial formally approved by the proper
authority shall he restored to the military service ex
| cept by q reappointnent. confirmed by the Senate
As the sentence was not "iormally approved by The
proper authority 1t would to be void 40 nis.o
ana that dc ure MAJOR Runkle has ceased to be
| an officer OF the army.
With regard the second point the Court Of Claims
! decided in the Of Major Alexander Montgomery
Is Mott Huntington, 9s) that Ian order OF the Pres
| dent dismssing military officer may be revoked ny
the same President that issued IL and II the office bt
not filled at the time OF revocation, and II the pay
thereof has been paid lawfully 10 another the ais
missed officer Will be entitled TO the office ana TO ths
pay I'D interim but II the Office be filled BY another th'
revocation must remain suspended till vacancy oc
cur aud il tho pay al interim has been paid lawfully
| 10 another the officer must take his reinstatement
| cum ORere. " .
As Major Runklo was on the retired list his dismissa
did not create u vacancy TO he filed by promotion OF
appointment although the retired list being Limited Dy
law to 500 II made for another officer TO DO re
tired from The list is now ul, SO tina
II Major Runkie be restored 1t Will exceed the iega
standard.