The morning times., 1895-10-11

would IL be such conduct
by article No. 20 OF the articles OF war
| it is provided:
| Any officer who thinks himself wronged
! by the commanding officer of his regiment,
and, upon due application to such COM
| ma ander- is refused redress, may complain
| 70 the general commanding in the State or
| Territory where such regiment is stationed.
! The general shall examine into said CONF
| plaint and take proper measures for re-
| dressing the wrong complained of: and he
| shall, as soon as possible, transmit to the
| Department of War a true statement or
such complaint, with the proceedings had
| thereon
UNwRITTEN NDIsCRIMNATIoN.
by article No 80 Any soldier who thinks
himself wronged by any officer may COM
plain 10 the comma anding officer OF his regi
nient. who shall summon regimentdl court
marital for the doing of justice TO the COM
plaiuant.'
lis it possible that an officer in active
/ service mag lawfully seek redress from the
! commanding officer of his regiment. who
| lie thinks has wronged him, and that "A
common soldier may lawfully complain OF
an officer If he thinks himself wronged by
| him, but n retired officer. out of active ser
vice, engaged in the pursuits OF civil life,
| cannot complain to the general command
| ing the army of wrongs that he thinks or
| believes that general has inflicted upon him,
! without being subjected TO summary arrest
| and Incarceration and ultimate trial by
| court-martiIl? If so then there is a rigid
| uuwritten discrimination against such an
| officer that should receive early attention
| and righting from our NEUTRALITY-SUSPICIOUS.
| II am satisfied that the words charged
| with crime in article No. 65 were accu-
| rately used by Congress-that to Justlfy an
4 arrest and confinement there must be an
anteCedent charge OF definite offense made
| by some one, in some form, oral or written,
| and that an arrest and confinement without
| such charge is unlawful No charge of any
| kind was made: | am also satisfied that
| the word crime does not include minor of
| fenses, disorders, and neglects- Articles OF
| war No. 81, No. 5S, and No. 50 relate to spe-
! cific crimes, and article No 81 uses this
| language: All crimes not capital and all
| disorders and neglects which officers and
| soldiers may be guilty Of thereby indicat-
| ing the discriminating use of the word
| crime in article No. 65. Can il be claimed
| reasonably that the offenses specified IN the
| charges preferred against the petitioner are
crimes in the sense in which the word 10
| apparently used?
QUOTED THE REGULATION.
| with reference TO the character of the
arrest and confinement, and as indicating
| the proper Interpretation OF the terms used,
| ii may be well to quote army regulations
Nos. $50 and 99i, as follows: $50. Com
manding officers alone have power to place
Officers IN arrest. except as provided In the
| 2Ith article OF war.
".991 An arrest may be imposed by the
| order of the commanding officer, given by
| him in person or conveyed through his
| staff officer, either orally OF in writing. The
officer upon whom it is imposed Will repair
| at once TO his tent or quarters and conflne
| himself to the same until more EXTENDED
| limits have been granted.
If it be concedeI tnat uis arrest and con-
| finement Were not by the order or Gen
| Schofield as lieutenant general, but Were
| by his order as Acting Secretary of War,
therefore by the order OF the President.
| and that the President is the commanding
officer OF the petitioner, although without
| power to assign him to any duty, yet 1t
| does appear that the petitioner. living
| quietly at his residence in this District.
! having no barracks or tent. but found
| within his quarters, if he can be said to
have quarters, IN violation oil army rt'gula-
| ton No. 991, which prescribes the manner
| in which arrest and confinement may be
imposed. and in violation of article No. So.
witnout the existence of the slightest neces
sity for either arrest or confinement, or
any occasion therefor except the gratifica-
inspired the issuance of the order, was
| taken into custody by an officer with file
of soldiers and carried to Washington bar
| racks under the order which required him
| to be held in close arrest under guard, If
necessary
HIS BITING CONCLUSION.
''If he were liable at all to arrest and
| confinement, the only arrest and confine-
ment that could be law fully imposed would
| be such as is prescribed by the article OF
| " ar and the regulations quoted.
"Regulalion No. Ssz. provicIng for larger
| limits than the tent or quarters, in the
| discretion of the commanding officer in
case OF arrest, uses this language: Close
| confinement " ill not be enforced except in
cases of serious nature
Under the caption. Military Discipline.
rcgulations Nos. and 3 3rIear ortby of
| quotation in this Connection:
Military authority ill be exercised
| with firmness, kindness and Justice. Pun
| ishments must CONFORM to law and follow
the offense as promptly as circumstances
will permit.
"'superiors are forbidden TO injure
| those under them by tyranniCal or ca
| pricious conduct, or by abusive language
Being of opinion that the arrest and
taking OF the petitioner into custody. car
rying him awa ay from his home quarters to
barracks not his owl and hclGing him in
close arrest without any antecedent charge
of crime preferred in any way against him,
was and is unjust, unlawful, arbitrary, 'ty-
rannicar and 'capricious' on the part of
Gen. Schoiicld in hatevcr capacity he act
ed, W he ther acting as lieutenant general or
aching as Acting Secretary OF War, ard that
the. petitioner is entitled TO be discharged:
it is SO ordered"