Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-31
\ PECULIAR CASE
Uncertain Effect of the Presidents Action
in Regard to Commander Ludlow.
Some Officers Think 1t Removes Him
From the Service, While Others
Hold He Retains His Rank.

SCI mel of the navy at the present time is
that of Commander Nicoll Ludlow. This
officer stands at the head of the list of
commanders. and there is vacancy in i'm
mediate prospect in the next higher grade
that of captain. In accordance with the
custom IN such cases, Commander Ludlow
was examined as to his fitness for promo
tion. by a naval board regularly organized
for the purpose. This board found that he
was mentally, morally and physically up to
the requirements and recommended his
promotion. The Secretary of the Navy ap-
proved the recommendation of the board
and submitted the case to the President for
final action. The Presidents approval was
necessary to insure the officers promotion
Contrary to expectations. however, the
President returned the papers to the Navy
Department Endorsed ''disapproved" 1t is
generally understood that the President
holds that Commander Ludlow is morally
unfit for promotion, and that he bases this
judgment on the fact that the officer had
once reported Junior officer fully qualified
for promotion, and had subsequently, when
the same officer came up again for examin-
alton for promotion to a higher grade, ex-
pressed the opinion that he was morally I'M
fit. for promotion. The officer in question is
Lieutenant Commander Sperry, who is now
credited with having induced the President
to reject the report of the examining board
in favor of Commander Ludlow.
Two Opinions ms to His Status.
The status of Commander Ludlow is the
question that is puZzling naval officers.
There are two decidedly opposite opinions
on the subject. One side contends that
the effect of the Presidents action is to
drop Commander Ludlow from the navy
Immediately on the promotion to the grade
Of CAPTAIN of the officer next below him
on the list of commanders The officer
in &c IfarpNyr a1a~ nn1r accsc ton
10 the chief Of the bureau of navigation.
The officers holding the view stated say
that the situation in which Ludlow has
been placed leaves him no avenue of es-
cape from dismissal unless the President
should reconsider and reverse his action.
On the other hand it is contended that
the Presidents action merely bars Lud-
lows promotion. and, while permitting his
Juniors to Jump him. does not remove
him from his place at the head of his
grade. The officers holding this view as
sert that under the law it requires the
concurrent action of the examining board
amined for promotion on the ground of
moral unfitness The only other way to
secure the dismissal of such an officer is
by court-martial proceedings.
Both sides agree that if the examining
board had reported that Commander Lud-
low was either professionally morally
unfit for advancement in the service and
the President had approved the report
the officer would be dropped from the serv-
ice. 1t is also conceded that in the event
the officer was found physically disquali-
fled he would be eligible for retirement.
The only disagreement is as to the effect
of the Presidents refusal to promote an
officer because of alleged moral unfitness
when the naval board which examined
him found that he was in every way quail
ihed for the higher rank.
Sympathy for the Officer.
good deal of sympathy is expressed by
| raval officers generally for Commander
Ludlow. He has an exceptionally fine rec
ord, and this is the first time he has ever
rad trouble with the department. The
| read and front of his offending is said to
| be that he changed his mind as to the fit
ness for promotion of an officer who had
served under him. At one time he thought
well of this officers qualifications and SUBJ
| sequently he reversed his opinion. The
officers who dispute the contention that the
promotion of Commander Cook to the
grade of captain over the head of Com
maHder Ludlow will effect the latter's dis
missal say thsre is only one legal way that
Commander Ludlow can be forced out of
| the service, outside of court-martial pro-
ceedings. and that is by the Senate confirm
frg the nomination by the President of
some lieutenant commander to the grade Of
commander vice Nicon Ludlow. removed
1t Is not believed that the President will
resort to such an extreme measure in the
case of Commander Ludlow. The friends
| VI tudt CiHceI say tnat treSlQent mas
been misied to the real merits Of the
case. They will make a strong effort to
secure a reconsideration. Another exam
| nation of Commander Ludlow will be re-
| quested in order that the charges preferred
against him by Lieut.. Commander Sperry
| may be more fully investigated than was
done under the previous examination. Com
ma nder Ludlow is now in the city.
An Appeal to Reopen the Case.
He has appealed to the President to re
| open the case in order that he may defend
his course in the case of Lieut.. Commando,
Sperry. He has already presented an ar
gument to Justify his apparently contra
| dictory reports in regard to the characte,
| and general efficiency of his brother officer
1t is said his brief puts an entirely differ
| ent aspect on the case as reviewed by the
| President, and that the latter will probabl.
| order the denomination of Commando
Ludlow by a special naval board. 1t is gen
| orally conceded by military lawyers that
naval officer cannot be dropped for pro
! fessional or moral unfitness except by con
current action of the examining board ant
| the President.