The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-11-26
BAD DISCIPLINE
Judge Advocate Hunter Scores
Captain Lowering Before the
COurtmartial.
Unler. Such Discipline a Sol.
der Is No Better Than
a Slave.
Other Ways Than Dragging by
! Heels to Get a Culprit Into
Court.

SdACA0OS NOV. <O.-1u tue Lowering
court martial case at Fort Sheridan,
Lieutenant Colonel ]. A. Hunter Of
Fort Smelling, the department of Da.
kota, acting a. Judge advocate, severely
arraigned Captain Lowering for his
treatment of Private Hammond. When
the testimony was all in and Attorney
Blair had addressed the court in defense
Of Captain Lovering's actions, the
judge advocate arose. After speak.
ing of the importance. Of the case,
he took up the specification of the
charges, sayi, that Lowering was
first accused 0. failure to use legiti.
mate means to get garrison prisoner
before summary court; and second,
that he cruelty abused and i'll treated
said prisoner. He reviewed the general
evidence against Lowering, saying that
the testimony showed beyond doubt
that Lowering, as officer of day, kicked
Hammond, prodded him with his
sword, and cursed him.
Gentlemen, submit that in our
military community anything in the
nature of punishment should conform
to law" he continued, ''and that gen.
eral use of arbitrary power or punish.
ment without trial is calculated to
hasten our disbandment as an organiza.
tion not restrained by law and in, oppo.
sition to the spirit of our free institu-
tions.
Relation Of Master and Slave.
"Betw cen the officers who exercise
power in the manner the accused did
and the enlisted men who are liable to
become their victims there can be no
other relations except that of master
and slave. The general exercise in the
service Of power and means such Is the
evidence shows the accused to have EN-.
ployed in executing his order to have
Private Hammond brought before the
summary court would necessarily re.
suit ip our officers owning the enlisted
men. There would then be little ne.
cessity for military tribunals and judge
advocates, for our system Of discipline
would be revival Of the one in vogue
before the Civil War ON the plantations
of the South, where the right of the
master to the obedience and submission
of his slave in all lawful things wai
perfect. and the power belonged to the
master to inflict any punishment on his
slave not affecting life or limb which
he might consider necessary for the
purpose of enforcing obedience"
Colonel Hunter here quoted from sew
eral cases. showing that the power Of
officers aboard ships was limited to such
reasonable force as was necessary te
carry out the commands.
"That Hammond should have been
produced in court do not deny" said
Colonel Hunter, "but that his disobt
dience and stubbornness justified hi
being roped and dragged there, and ir
his PROSTATE, helpless condition, kicked
and prodded with the sword, do mos
emphatically deny.
1.-THE position in which the accused
was placed by the disobedience of Ham
mond does not appear to have been &
perilously trying one, for he had abou
him in the guard soldiers who wer,
able to lift Hammond and carry him t,
court. The conjuncture does not ap
pear to have been SO extraordinary as t,
justify military officer either making
mistake of Judgment or losing hi
temper. The law military makes NJ
allowance for the infirmities Of human
temper. 1t perceives that loss by sol
diers OF self control is loss Of power t.
command respect. No circumstance