Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-04
WHITTAKER's CASE.

| eral Swain, in reviewing the court mar
tial proceedings IN the case of Cadet
Whitaker, has raised the point that the
court was illegally constituted, because it
was ordered by President Hayes without
| any request from the department COM
mander, and that therefore all the pro-
| ceedings were void. 1t is argued that
the power of the president to order an
| army courtmartial is not inherent in him
as commander in chief, but is conferred
by statutory authority contained in the
| eighty second article of war, which reads
| as follows:
"Any general officer commanding the
army of the United States, separ-
| ate army, or separate department,
shall be competent to appoint general
court martial, either in time of peace or
in time of war, but when any such COM
mander is the accused, or the prosecutor
of any officer under his command, the
court shall be appointed by the president
and its proceedings and sentence shall be
sent directly to the Secretary of War, by
whom these shall be laid before the presi-
dent for his approval all orders in the
case" This article, it is commended, con-
fers no power upon the president to con-
vene an army court martial except in the
contingency specified. The question
will probably be referred to the attorney
general for his opinion. The view above
indicated is apparently strengthened by
the fact that congress some years ago ex-
pressly authorized the president to con-
vene court martials in navy cases without
restriction.
Attorney General Brewster assumed
charge of the department of justice this
morning.
PROTEST AGAINST POPE.
A petition was sent to Senator Ferry
by prominent citizens of Plainfield, urg-
ing him to protest against the confirma-
ton of E. r. Pope as postmaster at that
place. Pressure, 1t is said, is being
brought to induce the president to with
draw Pope's name.
CONTINGENT FUND INVESTIGATION.
The senate contingent fund investigat.
ing committee reassembled to-day w.
P Brown, foreman of the treasury de-
partment cabinet workshop, presented
memoranda in which it is said he
gave dates of the time occupied
and the character of the work
done by him upon Secretary
Sherman's new house and stable. and
also showing that this work, or some of
1t, had been charged to different bureaus
of the department.
EXPORTS AND IMPORTS.
Excess of departments of merchandise
| for the twelve months ended November
30, 1881, S195, l23, 212; for the twelve
months ended November 30, 1880, $780,
63S, 759. Excess of imports of gold and
silver, corn and bullion for the twelve
months ended November 80, 1881, $780,
| 036; for the twelve months ended Novem.
Der 80, 1880, $50, 1929
ARMY SICK LEAVES.
The following order has been issued by
General Sherman.
The abuse of sick leaves on surgeons
certificates has grown to be so great
that it becomes necessary to in
vite the special attention of Of
ficers making certificates and authorities
granting or recommending leaves, to the
absolute requirements of the regulations
on this subject. Officers whose ailments
could quite as we'll be treated at their
proper stations as elsewhere, are permitted
to leave their commands; others, whose
disorders are caused by some local in
fuence, are permitted to leave the mill
tary departments in which they are serv-
ing, when temporary removal to some
other station within the department
would alleviate their sufferings;
still others are granted sick
leave, who, while possibly incapable Of
discharging the severer duties pertaining
to their positions, could perform many
duties of q lighter nature at the post
which they are stationed, or whose serv-
| ices might be usefully employed at other
posts in the department. 1t is believed
there are instances where medical officers
| have given certificates of disabil-
ity on representations of the ap-
plicants alone, without making that
searching inquiry into the supposed
disorders, or what possibly caused them,
| what is expected Of them in the eXamin-
| alton which it is their duty TO make. No
| incensiderable number of offices are now
| absent from their proper commands in
consequence of this abuse, who, it is be-
| lieved should be rendering some service
| to the government. To prevent this in
the future it is made the duty of the de-
partment commanders to examine with
greater scrutiny every certificate Of dis
ability sent to them. If satisfied disorder
does not arise from vicious habits
of the applicant their first inquiry should
be whether the temporary relief from
more arduous duties and rest from the
cares incident to their positions would not
accomplish the desired end, if not, wheth-
er temporary change to some other post
| in the department would secure relief.
Authority to go beyond the limit of the
| department on sick leave IS contemplated
by regulations only in two cases: First,
where it is necessary to save life, and
second where it is necessary to prevent
permanent disability. Leaves granted
sick officers to go beyond the department
limits when certificates don't place the
cases beyond question within the extent
of this regulation must be ordinary and
sick leaves.
AGRICULTURAL CONVENTION.
A convention of delegates from the
agricultural colleges and societies
throughout the country will assemble
next week for consideration of agricul-
tural questions. The first of series of
meetings will be held on January 10, and