Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-10-06
N0C0URT0F INQUIRY
THE JUDGE ADVOCATE GENERAL
DOES NOT DEEM ONE NECESSARY.
He Takes the Ground That Colonel stern's
Remark Did Not Cast Reproach
on Colonel Halves.

The following letter, which. it will be OBJ
served. was written about two weeks ago,
was handed TO the Adiutant-General the
first Of the present week IL is seli-eK-
planning and will be read with interest by
military men. among whom the recent
resignation OF Colonel Halves. of the First
Regiment Of Cavalry. because he did not
think he had received proper treatment,
has been so mucn discussed;
OFFICE or JuDGg-ADvOCATg GENrnn,l
RICHMOND, VA, September i, 1892. !
To James Mcdonald, AdjHdHf- GeHsr1i;
In the matter 81 tao application OF Colonel G..
Percy HAYES. referred for ny opinion ana here
with returned 70 you. n is advised that court
Of inquiry should Mt b. ordered Ia the case
The purpose Of court ~ Inquiry ~ 70 all
and assist mo commanding oflcer IN forming
bis Judgment on some doubtful or intricate sub
joct. 10 Is 10 collect and furnish Information
by which 20 guide the discretion Of him who or
dsrs r., and tho exercise ~ that discretion upon
the opinion Of tho cour, Of inquiry wnen giyen'
mgy load to a court-martiai, bu. not necessarily
80
not MATTER or RIGHT.
The onicer or soldier asking or demanding II Is
not entitled 20 2 court Of Inquiry as a matter Of
right While the Application for such court
should DO granted whore there Il grave or Sc
ri0ua charge made against any o1lcer or soldier,
Lost injustice should De done the accused IN re-
fusiug H. vet. 10 cases 81 light or frivolous accu-
eati9ns o. inputati0ns. 10 70 not only proper
bat tho dutg Of the commanding oiiicer 10 REUSE
20 order such "A court; Otherwise, from malicious
or misclieyoIs motives, the standing ana cna-
rarfor Of most eN1C.cnt ana excellent oHlcefh
might be damaged 70 tho detriment Of the ser
vice by reason Of tho imputntOns necessarily
cast upon such officer IA the 1lding oi fuch
court. although II be- held upon homc inslgnii-
cant compliant. AMI % IL the offence alleged or
chqrgod That should give and determine luris-
dict.on IN such cases and not the status Oh the
prraon making H.. -
SEQ Bene's Military Law pages 229-S34.
Ive5s Military Law pages %IO,f I'll no.
Winthrop, TIM Digest, Be. 1880, pages 90 and
o.. 49,,
regulations Of National Guard. State Of Ten
nossec, pages lGj-lGS.
WHAT CAUSED THE TROUBLE.
Now, what is the alleged offence upon which
tho applca ion Is basel for a court oil inquiry ih
tins cass' 10 - that before Joint committee
of the senate aud House Oi Delegates OF th9
Virginia legislature, assembled Tor me CONSIDER
atom OF q certain p!.i luirO1uced auI IciftIr'
TO them. the action OF colonel e.. Grey laWe-
in ure,cntirg and advocating slrh measure
waacnurlcie~ .si by Lieutenant Olo1eido i4ihe
Stern az "a breach Of discipline ana Co'eHiI
UaWDs asks The question or Opul.u ".'.h'i
under the laws governing tho Virginia tuiuh-
t.ers a1l.h a 81. re- roach n Was mcrltCif copy
of the tin and OF the proceedings OF tu' J.'H.
committee on the occasion fcirieI l' ~ Al'.i
with she ADOLF ATOM ana lNNfl l' i.als'th '-
part 81 DC. Looking % tnis document VIZ .'iin
that tho REMARKS complained ~ are i1uni on
pages ] 3 and IA, and are ia these Worl7-'l1';
mo Chairman: what is your idt- 70 ie,'t-
cucc 90 the term Of olirc Of the "a u,j3. 10 me-
r1f. toOuplgh Colonel Stern " J Do boffFh'f
has the power 10 gpD-int; there is no ONCE lvu
o. that. / do not think there u.s. any tfOuL TO
about that as the Law nov stands, or tL1L iLA
Governor VIII ma an Acknowledgement vino Will
NOT say, / leave my Office In vow hands, what
ever term no may have been npptlu.eI iof' -
} consider th1t nov the Governor mas tuh- p"h'-'
and ~ ne has not 40 D. the man VINO p'6ui 90
come here nnd tell Us that he Han.. t-at itW'
and not these gentlemen, who have ihi7 ulli lu-
troluocd, come hero and afyO'ate lts pttSiHe'
and who are, iu my Opinipn~crcailhs bremen
of d.acl1'ne ] think he ia the man VINO ought
20 tell as ho wants this law, ana ~ hcnbtt on
his staff protest against any man coming mere
and undertaking 20 ran away win me 1oNtiuoi
privilege" Ihs - the offence claiBel' anu u
IL supposed 20 como within the %o'n atltle "l
war, which provides that ono onlcer OF solder
shall use any reprCacLfll or provoking BPtetlcs
or gestures % another" See United eiatcs
Army Regulations, page DIS Article %.'l
NOT Considered A EFPHoAcH.
In THIS case fail to discover any such crime OF
offence as Is embraced in This artcic. Inc aTu-
Gle provides for some roproacLtul or processing
speech or gesture made 10y one onIcer or soldier
10 another. IL appears that nero WAS n Id, no
sDeech or gesture Of any kind made by Lieu
tenaut-C Colonel DO Lane Stern TO Colonel hnWes'
1t WIZ simply an answer given by Lieutenant
Colonel sierra in response 70 question ashed
him by the chairman Of this JOINT committee
who had the right not only 10 ask the question,
but to require an answer. And the answer OF
IIeutenant-CO Colonel stern, So given, was merely
the expression OF an opinion OF tue witness az 10
his idea In reference % the OIL then under con-
sideratiOn before the committee.
But even If the language used on this occasion
could be construed as n "reprOacniul or pro-
vokIng speech" and mad been made In point OF
tact by Lieutenant DO Lane stern 10 Goio-
nj a Ila.aC- 81 MDulO not have been tho
su bect Of court-martial 10 VIII De observed tuat
the whole Of the 10Th article Of the mica states
army regulations referred 10 ls IN ties" "ofI -
10 wit: e No officer or soldier shall use any re-
pronchful or provoking speeches or gestures 10
another. ANY Onlcer VINO 50 blends SHAH De PAT
in arrest. Any soldier who 30 oiends shau %
confined and required 10 AK pardon Oh tue
marty offended in ne presence OF ms commands
in- officer" And 30 the step 10 have been taken
had any reproachtul or prOvoklng speech Doeu
made IA this case by one OF these oihcels 10 INC
other was Tor the officer 20 Offending 70 be place0
under arrest. This article cOniers no tur icton
or mower 10 punish the officer 10y a cOurt-inat-
tiai but 10 merely authorizes the thAlnE OF
certain measure Of prevention or restraint ~
commanding Officers. And IT. purpose - 20 pre-
ss,-ye order or 10 prevent any breach OF inc
peace. IL Is based upon the prlucllle OF TUG
common law that even bysIhhacr Hilsht anu
should arrest an anrayer; anu 80 INC oIrcr
sbonld prevent a breach OF tho peace, whom
likely 70 occur In MS presence, ~ afIestluB inc
offender. ,,..o,
soc United states Army Regulations llooV)'
page 2l8. article %
Wintnrops Digest Of Opinions Of tho Judge
Advocated eneral edition OF september l.
1880, page l3. and notes and cases cited
Hence. 90 not here End any doubtful or intri-
cate subject Tor Investigation by n court OF n
0uirv; but. on tho contrary, the matter COM
planned of is certain anc definite ana u rs no
rhine or ononce to 10 tried by a cOur,-martiaL
Therefore / advise that the application ioI
court Of inquiry DO refused in this case
MEADE HAsKiNs,
Judge-AdyOca,e-GeneraL
TROUBLE IN GREAT Brit AIN.
Depression Among London Tradesmen-