Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-05-04
LETTING HIM OFF EASY.
Strange Logic and Impotent Conclu.
sion Of the Lydecker Court Martial.


A FINE OF $500. "oS TEE rSsrAIINESr PLlS,"
FOR NEGLECT or DuTN-THE SHARP COMMENT
or THE PRESIDENT IN AfrRoyISo TuE SEN
TEScE
The secret OF the Lydecker court-martial 10
out at last officially and il has been announced
from the War department that the President
has signed. and thereby approved. the findings
ami the sentence of the court that tried Major
Lydecker on a charge Of neglect Of duty. in
connection with the construction OF the rotten
aqueduet-tunnel. and that Major Lydecker has
been doomed to the terrible punishment Of
paying the enormous sum of 800 month out
OF his pay as major in the engineer corps OF
the army for the period of nine long months
and to be publicly reprimanded in general or
ders to the army. In short. the sentence given
by the court TO a man whom they found guilty
OF neglect OF duty TO the prejudice of good
order and military discipline" by which neg
lect a loss OF at least a million dollars was en-
tailed upon the country. amounts 20 a fine IL
$500 and q reprimand
Secretary Proctor had an interview with the
President, as he told TIVE STAR reporter he
would. late Yesterday afternoon aud soon after
ward took the approved findings over TO the
War department. where IL was discovered that
the President, who had never handled such q
case before, had signed it in the wrong place,
and il had 10 be taken bacA and signed over
again.
FINDINGS OF THE COURT.
The court found Major Lydecker guilty OF
the first, second, fourth. fifth. and sixth speci-
ications. with certain exceptions.
The first alleged that from March IA. 1857. 20
september 30. 1857, he neglected TO give the
work of the tunnel lining the proper personal
supervision IT required. by reason OF which the
fnrs 1al H.. =. -
contract with the government. causing great
INJURY TO the tunnel serious delay IN furnish
ing an adequate increase i'm the supply OF water
to this city, and great pecuniary loss TO the
United States.
The second is about the same as the first. ex-
cept in fixing the time Of his neglect from MAY
to October go lsss.
The excepted parts in these two speciica-
tons were those that alleged that in conse-
quence of his neglect the contractors were
enabled TO and did evade the requirements Of
their contracts and cansed delay in furnishing
needed Increase in the supply of water 90
Washington and great pecuniary loss to the
United States, and of these excerpts be was de-
clared not guilty"
The third specification. of which the court
declared the major mot guilty" alleged THAI
he paid the $4,000 or Whereabouts 20 the con-
tractors, retained percentages. without using
necessary diligence 70 satisfy himself that the
work had been performed according 10 the re-
quirements of the contract
The fourth specification alleged that from
March Ia. 1857, to about September so. 1857
Major Lydecker did culpably fail and neglect
10 take adequate steps for the purpose OF as
certalning whether the inspectors and sub-in-
spectors were faithfully and honestly perform
ing their duties
The fifth specification alleged the same as
the preceding one, except the time of neglect
is stated to be from May to October 81. 1883.
The sixth specification charged him with
neglect of duty for failing 10 exercise the neces
sary diligence to ascertain that the work was
being done as required by the contract
The court excepted the words ''culpably' and
neglect from the fourth and fifth specifca-
lions, substituted September I for October 81
in the fifth and sixth specifications. and then
found him guilty as amended. In the scond
the LIST of September is substituted for Octo-
Der 80.
CONCLUSIONS OF THE COURT.
After thus juggling with the specifications
the court concluded follows: ''Of the charge,
guilty. and the court does therefore sentence
him, Major Garrett J. Lydecker, corps of engi-
neers, TO forfeit to the United States & 100 per
month OF his pay for nine months. and to be-
reprimanded in orders. The court is thus lenl-
ent IN view OF the evidence before il. that, in
spaces so confined as those above the arch in
the tunnel, il was almost impossible to secure
thoroughly good work under the contract sys-
tenn imposed by law"
The approval which the President gave to
this sentence had in it a pretty clearly ex-
pressed sting and doubt as TO the Justice of
the findings. He saws:
The proceedings. findings and sentence OF
the court-martial in the case of Mai Garrett J.
Lydecker, of the corps of engineers. are ap-
proved and will be carried into effect The
gravamen of the offense of this officer was the
neglect OF very high and important duty. Ii
is not very important, from a military stand
point whether pecuniary loss did or did not
result TO the government But that very great
loss and Inconvenience have been inflicted upon
the community by the delays which have re-
suited from the failure TO discover promptly
the faulty and fraudulent character Of the work
is apparent. The suggestion that the strictest
and most faithful supervision of the progress OF
such work is powerless to detect and convict
the shams which were practiced by the con-
tractors In this case is a discredit to the engi-
neering profession. entirely inadmissible.
The sentence imposed by the court seems
to have given full effect to every suggestion
that might mitigate the offense.
BENJAMIN HARRISON"
THE COURT
that tried Major Lydecker was composed of the
following officers: Msjor-Gen. Geo. Crook, Col
Henry NJ. Black, twenty-third infantry: Col.
Richard /. Dodge. eleventh infantry; Col. Edw
+. Townsend. twelfth infsntry;, Col. j. NJ
WhittemOre, ordnance department; Col. Alex.
Glper NTH artillery: Col. CYRUS Il. ComstOck.
engineer corps; Col. Orlando NJ. Poe, engineer
corps; Col J. Mendenhall. second artillery;
Lieut-Col. ID. NJ. Flagler. ordnance depart
ment; Lieut.-Col. H. NJ. Robert. engineer corps;
Lieut. w. E. Merrill. engineer corps; Lieut.
Col. q. l.. Gillespie. engineer corps; Major Geo.
b. Davis, judge-advocate, iudge-adyocate Of the
court.
THE MILD SENTENCE SURPRISE.
Major Davis, as judge-advocate, conducted
this his first case a law officer Of the army in
a manner that won praise from everybody. His
closing argument was everywhere regarded as
forcible and convincing, and it was generally
expected that the court had at least sentenced
the accused to two years suspension from rank
and pay. Hence there was universal surprise
expressed to-day the sentence became known
to army officers. II was thought strange that
the court, after carefully divesting the specif-
cations Of al suggestion Of culpable neglect,
still found him guilty of neglect of duty" on
the basis Of five of these emasculated charges.
BY WAY OF CONTRAST.
A court-martial decision given out from the
Navy department yesterday was frequently
quoted to-day in the Lydecker case affording
a striking contrast of the justice Of military
and naval courts in general. Lieut.. Commander
Book was tried for an unwarranted absence
from his ship without permission. He was in
command of the U. s. s. Pinta, anchored in the
harbor of Sitka, Alaska, with her boilers rotten
and useless. He wrote TO the department re-
peatedly for leave to have his boilers repaired.