Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1885-06-09
WHAT UPSHUR MUST FACE.
UNLAWF UL ASS UMPTIOS OF POWER IN
THE FRAZER CASE.


From the washington Herald.
The fact that several paymasters were |
court-martialed in the Pacific Squadron
and that the trouble arose out of Ad-
miral Upshur's arbitrary orders about
purchases, In already known, but as the mat
ter is by no means settled yet, some further
particulars should be put before the public.
There appears to have been some long stand
standing ill-feelng OH the part OF Upshur
against the Callao firm Of Grace IL Co., Of
which Mayor w. II. Grace, of New York,
IL senior partner. The firm has been
for many years the largest dealers in naval
supplies at that port. Last fall some Eng
lishmen made application to the admiral to
furnish supplies to the squadron, ,andprocured
from him circular order No. G, dated Callao,
Nov. 6, in which he directs commanding
officers of vessels, until further orders, to
purchase their supplies from the firm of
Thomas Shute a Co., specifying the prices to
be paid for coal, bread meats, vegetables, &c.
On the same date Admiral Upshur issued
general order No. %, as follows:
"Having abundant reason to believe that
the best interests of the government will be
subserved thereby, it is hereby ordered that
no purchases of supplies of any character
will be made from the firms of Grace 4 Co,
aud Thomas Lawler IL Co., of Callao,
Peru, for the vessels of the Pacific
squadron"
O.
Gates stated that the articles were not pur-
chased at tho lowest market rates, i'm con-
sequence of these arbitrary orders, having
taken the precaution to got bids from other
firms at Callao, which bids offered the sup
plies lat lower prices, Admiral Upshur i'm
mediately demanded of Secretary Chandler
that these officers be court-martialed for con-
duct prejudicial to good discipline in the
navy. The secretary answered that the rear
adiifn.i himself must take the response
Dliity OF the cosrt-martial, If any were held,
but meanwhile tn. secretary looked into the
partment and found th.t the orders of the
rear admiral were illegal. ne thereupon re-
voked the orders. The sect,,n of revised
statutes upon which Secretary Chandler re-
voked Upshurs order, is No. 3,7O9, which
provides that articles must be purchased i'm
open market as articles are usually pGr
chased, and that it must be done by the pay
masters.
The navy regulation bearing on this sub
is as follows
GAS there seems to be some misapprehen.
sion or misunderstanding as to the true force
and construction of the regulations regarding
purchases by the purchasing pay officers
upon open purchase requistions the depart
ment deems it necessary to renew and reissue
its instructions OH that subject
All such purchases must be made either
by the secretary of the navy, the chiefs o
bureaus or the purchasing paymas.er at the
station. This authority does not extend to
the officers representing the bureau at any
yard or station.
"Articles to be purchased on oper puT
chase requisition are subject to inspection by
the proper inspecting officer or officers, bu
the latter are not to purchase them. The
purchasing agent or ofliceS>will procure
them on requisition on him, and be respon
sible that they re .:<l,ned at the lowes
market price.
s'The approx reguistion by a chic
of bureau and tno Transmission of it to thu
officer representing that bureau at any navy
ward nj atatiOu will not give validity to thu
purchase unless it be made by tho purchas
ing paymaster."
The findings of the courts, 1t is under stoot
sentenced the paymasters to suspension, hu
Of course they and their friends will carr,
the case before the secretary of the navy
The amount of the illegal purchases, amount
ing to some sl2, 900, has been checked agains
the admiral by the treasury accounting
officers. That bonded officers, like pay
masters who are purchasing and disbursinl
agents, and for whose Irregularities thei
boudsmen are responsible, should be total.
without power to perform their duties as re
quired by law and regulations, Is simply
monstrous peryersion of the idea OF arbitrar.
power vested in commanding officer.
The substance OF the charges that Rea
Admiral Upshur will have to face when h
returns are as follows:
An unlawful assumption of power whicl
is limited by law to the president and secre
tary of the navy, violation OF law in re
quirinS commanding officers to perform tn
duties of pay officers; a violation of law II
prohibiting competition and directing article
to be purchased from a particular firm
violation of naval regulations a violation q
the statutes of Congress bearing on this sub
ject
1t is claimed by the officers of the staff tina
the court-martial was unfair, i'm that 1t wa
not held at Callao but below and off Valpa
raiso, where it was impossible for witnesses
to be summoned aud all the facts presented
OF course the court martial was composed
largely OF officers of the limo, and tho o nj
l,NI,sn . a. l...
this is to appeal to the secretary or to tn
president