St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-06
THE SALTWATER WAR ENDED.
The Badly Court Martialed Private
Leeds Restored to the Ranks
by Gov. Hubbard.


1.-THE following military document will give
its own explanations:
STATE OF MINNESOTA,
ADJUTANT GENERALS OFFICE,
ST. PAUL, July 5, 1884.
GENERAL ORDER No. 9.
1. Before regimental court MARTIAL of
which Capt. V. ]. Welch was president, was
tried Private c. S. Leeds, of Company I,
First regiment, NJ. N. e., on the following
charge and specification:
Cdarye-Acts prejudicial to military dis
cipline.
Specifcation-In that he, Private c. S.
Leeds, Company I, First regiment, N. G. S.
NJ, did, on or about the list day of Februru-
airy, A. D. 1884, at Saltwater, Minnesota,
falsely state to his superior officer, to wit,
Geo. NJ. Naylor, major of said regiment, APP
plying for pass, that the captain of said
Company 1, First regiment, to-wit, Capt.
Reeve, was asleep, and that he (said Leeds)
did not wish to disturb him, or words to that
effect That said false statement and repre-
sentation was then and there made, know
ingly, wilfully and falsely, and and with in
tent by said Leeds to deceive his superior of
ficer Geo. M. Naylor, major aforesaid. That
said Leeds, at the time he made
said statement then and there well
knew the same was false, and that
in truth and fact his captain (Reeve) afore-
said was not asleep, but was then and
there awake and present, as said Leeds then
and there well knew. All contrary to good
order and military discipline. To which the
accused pleaded: To the specification not
guilty; to the charge, not guilty. After ma
ture deliberation the court found the accused
of the specification guilty; Of the charge
guilty. And the court sentenced him, the
the said Private c. S. Leeds of company I.
First regiment, to be reprimanded in general
orders, copy of which shall be posted in
Company rs room, at the armory in Mime
apolis for period of thirty days.
Second-In general orders No. 2, head
quarters First regiment, M. N. G., publishing
the findings of the court and promulgating
the sentence the colonel commanding the
regiment, approved the finding of the court
except as to ''the finding of the accused
guilty of so much of the specifications as
charges him with knowing that the statement
he made was fase.'' In the opinion of the
reviewing officer this charge in the specifca-
tons was not sustained by the evidence. In
this opinion the commander-in-chief con-
ours.
The accused appealed to the commander
in-chief, and in returning the record of the
court in response to special orders No. z, A.
O. g., the colonel commanding protests
against the entertaining of the appeal, on
the ground that neither the
military code, articles of war
or regulations, give the right of appeal, and
that the acts of the reviewing officer are
final.
3. The right Of appeal to the commander
in chief is thoroughly settled in the National
Guard organizations of the country, and it is
in consonance with the character of the Ma
tional Guard service that the citizen soldier
should be fully protected in his rights as a
citizen while being compelled to perform the
duties of a soldier, and the fairest coustruc-
ton of the articles of war allows every
soldier to appeal to the president of the
United States, and the same right must be
accorded to guardsmen's appeal to the gov
ernor of their state.
A. The military code of 1883 specially
provides punishment by fine for acts pre-
JUDICIAL 10 Military ulClplluc, IucSt uHcS Dt-
ing imposed by constitution and bylaws of
companies and regiments, and they are col
lectable by civil procedure, and the neglect
to pay is declared misdemeanor, punishable
by fine or Imprisonment by proceedings in
any court of competent jurisdiction. 1t was
evidently the intention of the legislature
that such proceedings take the place of courts
martial, except in extraordinary cases when
charges are preferred to the commander-in-
chief. Section 2, article 10, of the code,
rests the power to order courts martial in
the commander-in-chiefa and he cannot del
egate that power to another, and the order
adopting the U. s. regulations,
when applicable to the guard
and consistent with the laws
of the state does not give to regimental or
other officers of the guard power to order
courts martial, therefore this court was not
constituted by the proper authority and its
proceedings are null and void
5. The proceedings and the order from
regimental headquarters promulgating the
same are hereby annulled, and Private G. S.
Leeds is released from arrest and restored to
duty.
By command of Gov. L. F. Hubbard.
c. NJ. MCCARTHY,
Adjutant General