St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-06-03
lay, and date will be fixed by him for

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holding the court-martial..
Col. Bend was visited at his residence on
Summit avenue last night. To the reporter
the colonel said that under the circum
stances he did not feel at liberty to discuss
arrest, he felt deIicacy in commenting
any more upon the matter.
INTERVIEW WITH GEN. MCCARTHY.
81 have no further communication to
make to Col. Bend" said Adjt. Gen. Mac
Carthy to a GLOBE reporter yesterday in
answer to the latters question, land no
statement that I care to make, for want
to maintain the dignity of the office hold,
and, as / said in my last communication,
there is no occasion for more correspond
ence."
''The last letter of Col. Bend says that
reporter.
''In answer to that have simply to re-
iterate that I did not misunderstood it"
replied Gen. MacCarthy. And then in an
swer to questions he said: GAS to his third
statement that the paragraph from Upton's
manual Odoes not apply to parade
like that of Saturday, [ have
simply to ask how does that statement cor
respond with his previous one that the tao
tics contained no such paragraph, for such
was his statement. Further, when he
quotes article 1872 Of war rules as showing
that he was the highest officer in Saturdays
parade, had he paraded, he talks nonsense,
as Gen. Leasure, the chief marshal of that
parade, undoubtedly ranked him for the
occasion, and his denial to Gen. Leasure
and his associates of the G. A. r. of the
rank and courtesy due them as veteran vol
unteers, is only in keeping with his refusal
to honor the memory OF dead volunteers.
THE REGULATIONS
of the United States army give to Gen.
Leasure and like volunteer officers the right
to wear the uniform of the rank they bore
in the service On all occasions of ceremony,
and certainly Saturdays demonstration was
one of them, and they were entitled to the
courtesy of their rank"
is it your opinion that the national
guard sides with yourself ?"
II notice that in the last communication
this Is alluded to, and have simply to sayI
do not seek for the opinion of the national
guard in this state alone, and further, l do
not believe that he represents the sentiment
Of his own regiment. AS to the military
code Of this state which prevents a staff
officer from assuming command, [ will say,
as staff officer, that did not assume any
command, but spoke in the name of the
cOmmander-in-chief, and when I do that
my acts are his acts, and to him alone am
responsible. The absence Of the COM
mander-in- chief from the state does not
destroy the powers of the military or any
department of the state government. 1t
has been decided in this state some years
ago that the governor was at all times gov
ernor of the state, even though temporarily
absent from it, and all acts that may be
lawfully performed in his absence are law
full and binding, although he is absent"
Gas to his talk of court MARTIAL" con-
tinued the general when the reporter men
toned this topic, 81 have only to say that
had issued an order to him in the name of
the commander-in-chief and he disobeyed it,
he would hardly have to wait for court
martial until he would have found himself
without authority or command, and Benets
martial law settles the case of an officer who
takes upon himself
THE RESPONSIBILITY OF DECIDING
on the legality of an order when once it is
received; and would refer him to this law,
lest he get himself into trouble before well
knowing how to get out Of it. His
reference to Gen. Sheridan's recent de-
cision is amusing, when it is understood
that that decision was furnished to this
Office two months ago and expressly estab-
fishes the right of the adjutant general of
the state to communicate with guard officers
in his own name, right which Col. Bend
for the past year or more has frequently
disputed and for which he was severely
censured in general orders last fall but the
diSpleasure of the commander-in-chief, so
frequently manifested, seems to have had
no effect upon his action. The require
ments which made of him with reference
to election returns were in every particular
approved by the commander-in-chief and
made positive regulations for the guard in
general orders No. 13 of 1884. His state
ment on this point is entirely untrue"
In answer to question if the correspond
ence was all in, the general remarked, "Col.
Bend was in my last communication in
formed that no further correspondence was
necessary, and simply refer him to para
graph of article of the regulations" and
the general reached for the book and read
as follows:
Deliberations Or discussions among any
class of military men, having the object of
conveying praise Or censure or any mark of
appreciation toward their superiors or others
in the military service, and all publications
relative to transactions between officers or
privates of personal nature, whether news
papers, pamphlet OF handbill are strictly pro-
to1