Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-17

Secretary Tray Writes Ascther Letter 90
the Commander Of the Ranger.

CAPT. RkITER's REQUEST REFUSED.
Secretary Tray writes Another Letter 20
the Commander Of the Ranger.
Commander Reiter il not TO have q court
martial, - be requested. for having failed TO
interfere with his force, as commander Of the
U-S.S. Ranger. 10 prevent the killing Of Gen.
barrundia last fan. A very severe letter was
sent to that officer yesterday, signed by the
Secretary Of the Navy, in which the latter goes
over the ground Of the legal conditions 30
whether or not an officer has an inherent right
to court-martial. The letter is AZ follows:
lou state that the der artment's action In
your case constitutes q public reprimand, and
that this Is a punishment that can only be
legally inflicted by sentence OF O naval general
court-martial. Your statement shows that YOU
are ignorant Of the first principles OF naval dis
etpline. The assumption that The Secretary Of
the Navy cannot pronounce q rebuke. public or
private, upon an officer for a breach of disci-
pine or . failure in the performance OF duty,
without obtaining the sanction Of a court IL an
unheard-of proposition. The department i'm
partially awards praise or blame 70 the Officer
who deserves the one or the other. IS occasion
may arise. and the practice Is old the de-
partnent itself. Cases have occurred where the
department, without trial, has pronounced en-
phatie reprimand upon officers in general
orders. The publicity that is given either to
Its commentator its reproof is a matter
within its own discretion. in the exercise OF
which II consuits only the public interest.
You further state that trial by court-martial
II clearly your right Your attention il called
to section l2l, orders. regulations and instruc-
| tions for the administration of Law and justice
| In the navy, 1870 as follows:
'No officer has the right to demand court
martial on himself or others, the granting of a
trial resting solely in the discretion Of the Off
Ger authorized to convene q court"
The question is also raised by implication in
| your letter whether the department has COM
mitted act Of injustice in censuring you
without an opportunity to be heard You were
| detached from the command Of the Ranger by
| an order OF September 29. The Departments
action in detaching YOU was in the exercise of
l its ordinary power OF assigning the duties OF
| officers according to the best interests of the
| service, and il deemed that these interests
called for your detachment. After Your return,
| on November Is. yoO wrote TO the department
| on December stating that you feared that it
did not approve Of your action and asking that
You might be afforded an opportunity to ex-
plain II to the Secretary personally or before a
court of inquiry. On the 18th the departme mt
| replied as follows:
'.You are informed that the department was
| dissatisfied with your course while in command
OF the United States steamer Ranger on the
coast Of Central America, and Won are author
lied to visit the department and make person
ally such explanation in regard 10 your actions
- you may desire
On the 10Th of December, in consequence Of
the above mentioned correspondence and for
\ the purpose stated in your letter of request,
namely, that you might be enabled to make a
personal explanation. you had a personal inter
| view with the Secretary Of the Navy. At this
interview you were given the fullest opportun-
| ity to make any statement that you desired
| bearing on the facts o. the case. You were
also distinctly informed of the general grounds
| Of the departments dissatisfaction. At the
| conclusion Of the interview you were not only
authorized but directed to embody your state
ments in an additional report.
| No communication being received from YOU.
the department on the 18th wrote you letter
for your supplementary report and directing
you to include in it any facts not vet reported
BY you. This report, dated December 20. was
received on the sd, and upon the 3lst the de-
partment addressed to you its full and final re-
| view Of the case.
| Although you were informed on the 18th of
December Of the departments dissatisfaction
and on the 18th of the grounds on which its dis
satisfaction was based, you made no request
of January, after the department had pro-
nounced finally upon the case.
| The department had, however without any
request from you, already considered fully the
question OF bringing you to trial. Such a trial
! is necessary when the facts of a case cannot
otherwise be definitely ascertained, or when the
penalty which the circumstances demand is be-
yond the scope Of ordinary departmental pow
ers- Neither OF these reasons existed here be-
cause the department accepted and acted upon
your own statement of the FACTS and its discip-
linary powers were sufficient to meet the case.
The only object Of a trial in this case would
have been to obtain an expression of the law
applicable to the admitted facts and a defni-
ton Of the duties of an officer in relation
| thereto, which expression and definition, under
the well-establithed principles governing the
administration of naval discipline as shown by
numberless presidents the department is Of
itself entirely competent to declare. In deter
mining questions of law arising upon undis-
puted facts the department does not require
| the Q ssistance of a court-martial
| since this conclusion reached the depart
ment has seen no reason to modify il. 1t has
| listened with patience to your successive state
ments. 1t has given you every opportunity to
be heard before taking action. 1t indicated to
you the grounds Of its disapproval before you
sent in your final report. In visiting upon you
its censure it has relied solely upon your own
statement of the facts In its communication
| of the 3lst, condemning your conduct, il recited
these facts and your letter asking for a trial
leaves them undisputed.
You are therefore informed that IL is not the
intention Of the department to bring you to
trial by court-martial and that il regards your
case as having been finally disposed Of.