St. Paul daily globe., 1885-07-28


What should be done? Col. Bend eniovs no
right not possessed by every officer and every
soldier to question any order he may receive,
and disobey it if he doesn't like it: but the
plain and explicit order Of the commander-in-
chief, General Order No. IL had proved with
out force to control his action. More, a news
paper review of the general order aforesaid,
by wisconsin friend of Col. Bend, had been
procured TO be made had been republished
in st. Paul newspaper, and afterwards
reprinted and sent by mail to officers
of both regiments OF the Minnesota guard.
Two courses were open, to revoke the COM
mission of the officer or to submit his case
to trial by court-martial. The sentence OF a
court-martial could not 60 beyond the for
feiture of his commission; it might according
to the findings be much less, or he might be
acquitted altogether. The milder course was
preferred. Besides Col. Bend had expressed
contingent desire to secure a settlement of
the questions involved by trying the adjutant
general. 1t was also believed that, though he
might find his position on those issues really
indefenSible. he would atflast wish TO secure a
verdict in his favor upon the charge of false
hood. 1t was plain that his conduct was sub
versive of all discipline and contrary 10 the
laws and rules which govern the United
States army, and it was not doubted that said
laws and rules had been legally adopted and
were in force so far as applicable for the gov
ernment and discipline of the Minnesota Ma
tional guard The act of the legislature, ap-
proved Feb. H. 1888, for drafting which Col.
Bend has deservedly claimed much credit,
contains the following:
ARTICLE 19, section i. The corumander-in-
chief is hereby authorized to make such rules
and regulations for the government of the
ational guard as he may deem for the good
of the service"
Pursuant to this authority, the COM
mander-in-chief issued the following GEN
eral Order No. g. March s. 1884: s'Under
and nv Nirtl1p of bn rod in IA
commander-in-chief by section l, article 10,
OF the military code. chapter "a of the gen
eral laws of 1888, the articles OF war, regula-
tons, customs and prescribed tactics in force
for the government of the army of the United
States, in far as the same are
applicable and modified by General Orders
from these headquarters, and not inconsistent
with the laws of this state, are hereby adopted
and declared in force for the government and
guidance of the national guard of the state of
Minnesota" 1t was not doubted that full
authority was given TO appoint courtS-martial
by section 9 of article 10 of said act, which
reads as follows: 1.-The commander-in-chief
is hereby authorized to appoint courts-mar-
tial for the trial of members of the National
guard, against whom charges may be pre-
ferred to him.
Such court-martial shall be conducted
in accordance with the regulations of the
army of the United States. and the
findings shall be
SUBMITTED TO THE COMMAHDER-IN-CHIEF,
who shall approve or disapprove them; and
in the former case he is hereby authorized TO
carry them out, or TO modify any sentence
that may have been imposed" A court-mar-
ual was therefore appointed and convened on
the 18th day of June last. Col. Bend then We
hemently protested his eagerness TO go TO trial
and clear himself Of all charges, The court
adjourned to accommodate absent members,
and to give the judge advocate necessary
time for preparation, and met and organized
on the 2Oth OF the present month. Col. Bend
had now changed his ground. BY his coun-
sci, Hon. j. n. Castle, he maintained that
said act inadvertently, certainly, on the part
OF those who accepted and passed IL had in
geniously failed 10 secure any legal rules for
the government of the National guard or any
tribunal Tor the enforcement of them,
although both appeared TO be clearly pro-
vided for. The court having overruled him.
he successfully interpoSed two other de-
fenses, each of which had for its end and aim
TO avoid the necessity Of meeting the charges
on their merits. These also being rejected
by the court, he asked for an adjournment
from the 2lst TO the 27th inst, which was
granted Upon the adjournment, application
was made to a Judge OF the supreme court
for writ prohibiting the court-martial from
proceeding further with the case. As such
writ is sought upon ex parte afidavits only,
it is not strange that with a skillful lawyer
and willing afiant, a prima facie case was
shown and the writ granted, returnable in
October next. The unusually long time be-
fore the return day Of the temporary writ in
dicates disposition not to come to the merits
of the charges in hurry. IL may be wisdom.
if there are no laws governing the
National guard or no legal means of
enforcing them, to delay the decision TO that
effect until the meeting of the legislature.
For, If the position now taken by Col. Bend be
maintained, no officer or man need obey any
nnlnGG nlnnGnC hn rr-fr.a ~
the guard should be required for any purpose,
no man need stand guard unless he pleases
or any longer than he pleases. No man
need fire his rifle when ordered unless he
wishes to. In taking the life of an insurgent,
a soldier would
NOT BE PROTECTED
by an order which he must not obey This
might be held to be the present condition of
the law by the supreme court. If So il would
then be the duty of the commender-in-chief
TO dissolve the court-martial and revoke the
commission of Col. Bend, and any other OH
Ger found unwilling to conform his
conduct TO the articles of war and
the army regulations; and it would be
the duty of the legislature to enact suitable
laws for the discipline OF the guard, or 10 leg
islate the guard out of existence.
Meanwhile, until the final decis-
ion, Col. BeDd would continue to
play his part of successful or, at least, un-
punished INSTRUMENTATION, and the demoral-
ization which his example has originated
would go unchecked. The co1nmander-in-
chief prefers TO do his duty.
He has dissolved the courtrmartial and re-
voked the commission Of Col. Bend. The leg
islature will assuredly do what in the light of
the conduct of the guard shall prove TO be its
duty. A creditable, useful national guard
has no place for officer or man insubordnate
and above discipline. The state has no use
for so-called guard whose members obey or
diSOhpV orders a fhnV hannnn m ah
Commandants of regiments aud companies
will cause this to be published to each COM
pauy at its first assembly after its receipt.
Yours respectfully,
l.. I. HUBBARD, Governor.
The commission of William d. Bend as
colonel of the First regiment, Minnesota
National guards, is hereby revoked and de-
clared null and void from and after this date.
Lieut.. Col. Perry Harrison, commanding the
First regiment, Nj. n. e., will continue in com
mand of the same until further orders from
the commander-in-chief.
This order will be read and published in the
several regiments and companies Of the Ma
tional guard and Reserve militia at their next
regular assemblies. BY command of
GOV. /. +. HUBBARD.
c. N. MacCarthy, Adjutant General
A copy of the order was served on Col.
Bend last evening by Adit. Gen. Mac
Carthy
After the issuing Of the above document,
Gov. Hubbard said in answer to a GLOBE
reporters question that he had nothing TO
say. The document would speak for itself.
COL. BEND SILENT.
Col. Bend, when seen by a GLOBE re-
porter last night, said that he had been
served with a notice of dismissal from his
position. He had nothing to say about it
further than that he questioned the power
of the governor in the matter. He did not
believe the laws of Minnesota gave the gov
ernor the power to dismiss any officer in
the militia. he did not care TO say what
action he yynmld taka until cnrs.,l lti,,ar Ii.