Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-17
AINSWORTH'S PLACE.
1t Depends Upon the Result Of the
Coroner's Inquest.
THEN 4 TRIAL BY COURT MARTIAL.
Some of the Peculiar Circumstances
That Surround the Case.
RECORD AND PENSION OFFICE

1t is stated on excellent authority that Col.
Ainsworth will not be relieved Of his present
duties at the heard Of the record and pension
Office unless the President is satisfied beyond
mere suspicion that he is in some degree re-
sponsible for the tragedy at Ford's Theater last
Friday week. In case it is shown that Col.
trophe, or even if charges of oulpabillty on his
part in connection with that affair are pre-
ferred by any responsible person or persons,
the President it is said will not hesitate to sus-
pend him from his Office.
Until there is some such development in the
case, however, 1t is positively asserted that the
President will not interfere in the matter.
EFFECT OF THE INQUEST.
The verdict Of the coroner's jury Of inquest
will have q most important bearing on this
ISSUE II 1t is found by that tribunal that the
accident was in anywise due to the negligence,
careessness, culpability or ineficiency OF Col.
Ainsworth, to the extent Of making him the
subject of q criminal prosecution, the President
will undoubtedly promptly relieve him OF his
official duties.
HIS PECULIAR POSITION.
Although there is no question that Col Aims
worth can be made to suffer full penalties, civil
and military, for any offense committed by him,
it seems to be conceded by all persons cogni-
zant OF the situation, that no one can be ap-
pointed to Col. Ainsworth's position chief of
the record aud pension division while he re-
tains his present commission in the army.
Therefore in order to remove him from his po-
sition AZ chief of that Office it will be necessary
to dismiss him from the army, result that can
be accomplished only by his conviction by an
army court-martial of an offense justfying
such action. sentence Of dismissal by such
court would still be subject to the approval
OF the President before it could take effect
NOT CONNECTED WITH ANY CORPS.
As has already been stated In The STAR. Col
Ainsworth is the only officer in the army who is
not attached to any Of its recognized corps
He holds the rank Of colonel solely by virtue Of
his position chief Of the office of records
and pension. To accept this Office he WAS com
PEELED to resign his commission a surgeon,
with the rank Of major, in the medical depart
ment He is not in the line Of promotion and
cannot get into any other department OF the
army except by special act Of Congress. He is
the only officer of the army connected with the
record and pension Office, and the act under
which he was appointed makes no provision for
supplying his place except in the event Of a
vacancy. Then the President could appoint
another officer Of the army to his place. The
officer so selected would be made a colonel, but
would have to surrender his other commission.
THE PRESIDENT CAN SUSPEND HIM.
1t is possible. however. for the President to
suspend Col. Ainsworth and to detail another
officer to perform his duties Even then Col
Ainsworth would still hold his place in the
army, and could not be removed from it except
by sentence Of court-martial. His substitute
might perform his duties. but that would not
deprive Col. Ainsworth Of his place. 1t would
merely relieve him Of its duties, leaving him,
however, its only legal head and not de-
priving him Of any Of its emouments There
Is no precedent for such situation in the
army, and the possible complications that may
arise are beyond present comprehension. In
the case Of all other officers in the army occu-
pying regularly organized places the Presi-
dents power, as commander-in- chief is abso-
lutte as to their duties. and he can shift them
about at his discretion. but Col Ainsworth can
not be assigned to other duties or superseded
In his present place SO long a. he remains in
the army.
WOULD STILL BE THE LEGAL HEAD OF THE
BUREAU.
II the case reaches point where action is
necessary it is likely that the Attorney General
will be called upon for opinion as to the
Presidents power in the premises. No one
doubts the Presidents authority to suspend
Col Ainsworth and, il necessary, to assign an
other officer to his duties, but there is great
doubt to his right to make permanent ap-
pointment to the Office while Col. Ainsworth
remains in the army under his present commits
sion. The result of his suspension. therefore,
would simply be the performance of his duties
by another officer while he, without rendering
any service whatever. would receive the pay
and emoluments of the office.
Congress alone is responsible for this unpre-
cedented complication and must supply the
remedy, as, until otherwise provided Except in
the event Of his dismissal by military proceed
ure), Col. Ainsworth is the only legal head Of
the record and pension office. This position
carries with it the rank and pay Of a colonel in
the army, and is the only place of its kind in
that or any other branch Of the government
service.