The morning call., 1890-07-19
RETIRE OR RESIGN.
Colonel Russell of the Seventh
Cannot Remain in the n. G. c.

General Orders from Sacramento, issued
on Wednesday through the AdJutant-Gen-
erals office, give the reasons why the Gov
ernor, as Communicated Chief Of the n. u.
c., has diSapproved of the court-martlal
proceedings, findings and sentence in the
case of Colonel W. II. III. Russell OF the
Seventh Infantry, and ordered his release
from arrest.
The court-martial, it will be remembered,
was convened in Los Angeles, and Colonel
Russell was found guilty OF the first, sec
ond, third, fifth and sixth charges, and not
guilty of the fourth charge. and then SEN
fenced to be discharged from the service OF
the n. G. C.. The appeal 10 the Governor
was substantially upon the following
grounds:
first-Tbat tile sentence Of discharge was dis
ptopottlonate 10 the ofenSe OF which lie was
found guilty.
SecOnu-That after the case was submitted
and the count had been cleared and closed Tor
The purpose OF celebrating upon the evidence
adduced, IL, in the absence Of, and without no.
tice TO, the accused materially altered, changed,
aud modified the accusation embraced In speclh
cation / OF charge III, aud after such altera-
tion, did proceed TO, aud without taking further
testimony, aud without notice, or opportunity on
the part OF the accused to be heard lind him
guilty OF the amended specification.
Ihrd-That The evidence did not sustain tue
findings.
HldtultiJ ltlc CuSc anu
carefully examined the records, the Gov
ernor decides that the first and third
grounds of appe al are not sufficient 10 war
rant him in setting aside the verdict, but
that the statement made i'll the second rea-
son given for appeal is true that the speci-
fcation mentioned was altered by the court
when III secret session. Continuing on this
subject the order read:
The alteration Of the specification at that
stage oil the proceedings, and In such manner,
was clearly illegal and fatal to the validity OF
the sentence, IL being In direct violation of Sec
ton % of the old Regulations under which the
court WAS acting (Section $40 or The new Regu-
lations being ideDtcal. The proceedings are
also incomplete for the reason that The argu-
ments OF The Judge Advocate and the counsel
fot the accused are not attached TO and made
pari, and for tie further reason that the hnal
ad1ou nment Is not recorded aud duly signed by
The President and Judge-A dyOcate; and for The
still further reason that the order of the review
ing officer is not attached, made Official, and
part OF the proceedings
Colonel Russell will not be allowed to re-
turn to the service, however. The Cover
nor has determined upon that irreyocably,
even to disband the regiment if necessary
to keep him out of the service. Colonel
Russell has, therefore, been given the choice
of retirement or resignation in the follow
ing language:
The evidence adduced in this case shows great
careessness III The performance Of his duty by
Colonel Russell, and negligence In the manage
ment OF HE financial affairs Of bis command.
running through long term OF years. 1t also
shows want OF respect for superior authority
ana disposition TO disoDey lawful orders. Pc
titions from large number of the officers and
enlisted men of his regiment have been received
al these headquarters, asking that the sentence
of The court In his case be carried into effect,
ana that he shall be discharged from The State
military service. For the foregoing reasons the
COMMANDMENT Chief is convinced that The inter-
est OF the service demands that Colonel Russell
shall no longer exercise active command.
Therefore, he will not assume command OF his
regiment without orders from this Office His
application to be placed upon the retired list
viii be acted upon If forwarded within ten days
after his receipt Of this order. lie Commander
Of the First Brigade will cause copy of 1t 10 be
served upon him, and notify this OIlce at once OF
the date OF such service. III at the end Of ten
days his application to be placed upon the re-
tired list, or bis resignation is not In The hands
OF The brigade commander, his position will be
made vacant by dsbanding the regiment, which
Will be effected by mastering out one or more Of
the companies composing II.