Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-06-30
NO. So.

was an assumption of authority that
was unwise, unnecessary and unwar-
ranted.
Section Ala of the revised statutes
of 1898 reads: GAIL commissioned
officers of the militia may be removed
from office by the commander-in-chief
Removal may also be made
by decisions of a court martial, or
retiring or examining board, pursuant
to law and for misconduct any officer
may be suspended by the commander
in-chief." The term "any officer" as
herein used cannot, in our opinion, in
clude the adjutant and inspector gen.
eral, who is an executive officer, and
who could be suspended or removed
only under article XIV of the constitu-
tion of 1895.
1t appears further by the authority
above quoted winthrop vol. 1, page
S0S) that the opinion required of us is
as to whether the officer or officers
under investigation "should properly
be brought to trial by court martial
or whether any other, and if any,
what action is called for by the inter-
ests of the service, or is otherwise
desirable to be taken"
Since therefore, from the circum-
stances of the case a trial by court
martial could result in nothing more
than recommendation to your ex-
cellency that the matter be brought to
the attention of the general assembly;
ard, since we are not restricted to re-
commencing court martial, but may
say what other faction is called for by
the interest of the service, or is other
wise desirable to be taken," we re-
spectfully recommend that your excel
lency lsy the whole matter before the
general assembly for such action (at
its next SESSION. under Article XIV of
the Constitution of 1896, as that body
may deem proper.
We further recommend that the gov
ernor and commander-in-chief publish
a general order reprimanding General
J. Gary Watts for serious lack of judg-
ment and disregard of the rights of
others on the occasion of the distur-
bance on the athletic grounds of the
South Carolina college at Columbia on
May %, A. D. 1897.
Of course, it is to be regretted that
Colonel Jones failed to mention the
facts to General Watts that the writ
ten permission given for the use of
these grounds was for the 26th of
May, and not the 2Sth and the fur
ther fact that in said written permis-
sion the military were requested to
confne themselves as much as posi-
BILE to the eastern portion of the
grounds.
Furthermore the colonel of the regi-
ment, or its adjutant, in accordance
with section 66s of the infantry drill
regulations, United States army, un-
der the head of General Rules of Re-
views" should have designated spe-
cifically by flag some place on the
grounds as "the post line," which said
post could then have answered as
convenient point from which the adju-
tant general could have witnessed the
dress parade.
We regret that, owing to the great
mass of testimony involved, covering
as it does 249 pages of legal cap, it
would be impossible for us, without
prolonging our session and delaying
our report for several days, to make
therefrom any abstract which would
furnish your excellency with the spe-
cific grounds on which our conclusions
are based. We would, however, call
your attention specifically to the testi-
mony of the following witnesses n.
w. Brooker, page 13; Benz. Sloan,
page 21; A. D. Webster, page 3S; 81.
N. Edmunds, page 40; J. K. Aston,
page So; M. c. Dyches, page II; '.
E. De Pass, page "a; F. H. Colcock,
page 100; r. Means Davis, page 113;
j. G. Watts, page 149; J. D. Frost,
page 164 Willie Jones, page 10; B. B.
Evans, 217; N. w. Brooker, Jr., page
As; Lee Hagood, page 1903; J. M.
Bateman, page 1872; NJ. II. Bremen,
page 1876 B. w. Taylor, page 244.
We further recommend that Private
Fishburne of the Richla! d Volunteer
Rifle company be discharged from the
military service of the state, and in
support of said recommendations we
would call the attention of the govern
or and commander-in-chief to the tes-
timony of said Fishburne together with
that of Captain Frost, the command
ing officer of said company, when re-
called to the stand.
We further recommend that the
captain of the Richland Volunteer
Rifle company be directed to publish
an order reprimanding Private Dun
ming of said company for leaving the
ranks without permission.
We have the honor to be very re-
spectfully, your obedient servants,
Jos. S. SToPPELHE1N,
Brigadier General 1st Brigade and
President of the Court.
JIG. WARDLAw,
Colonel 3rd Regiment Infantry.
HENRY T. THOMPSON,
Cantain Co. ga - Fourth Regiment.