The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-06-29

| thoil Motiu 10 Oi'OSS vi u court mar
| tlal in. q similar case; and in indi-
Tdual instances, its results may be
scarcely less final than if it had the
power 10 convict and sentence"
Page i08.
"Ihe opinion required of court
of inquiry is, in general, rs already
indicated, an opinion whether, upon
the facts as developed by the invos-
tigation, particular officer or sol
dier, or any officer or soldier, should
properly be brought to trial by court
martial; or whether any other, and
| if any, what action is called for by
the interests Of tho service or is
otherwise desirable to be taken" :"
Page sos.
AS will be seen, therefore, from
your excclllency's order to report
the facts together with our opinions
and recommendations, this court of
inquiry is a board of investigation
lIwith the incidental authority which
you have expressly conferred upon
it, OF pronouncing conclusion upon
tho facts. After most thorough
investigation Of tho disturbance
which occurred upon the grounds
in charge of tho South Carolina
college at Columbia, Friday May,
2Sth, 1897, and its causes, wo beg
leave TO report tho following findings
Of facts together with our opinions
and recommendation thereon:
The review, inspection and drill
having boon completed, the purposes
from which tho troops had assembled
were accomplished.
In tho battalion dress parade
which was about to be held the adj
jutant and inspector general did not
have any inherent right and could
not take any official part as no posi-
ton or participation in this cere
mony is prescribed for such an Off
Ger, and he could be present only by
courtesy or by invitation of the col,
ouel commanding, and was thcro-
fore. without authority to command
tho troops.
In taking and rotaining'a a posi-
ton amidst Il crowd Of turbulent stu
dents at or near third base, thereby
encroaching upon the lawful terri
tory of the baseball players and use
lessly interfering with their game,
when ample and suitable grounds
were available near by, General
Watts showed serious lack of Judge
ment and disregard for tho rights of
others.
His ordering the battalion for
ward for the purpose Of clearing the
field was an assumption of authorit y
that was nnwise, unnecessary and
unwarranted
Section Ala ofthe Revised Stat
utes Of 1893 roads: "All commission
! ed officers Of the MALTA may be re-
moved from Office by the comman
der-in. chiof u X " II Removal
may also be made by decisions Of q
court martial, or retiring or examin-
ing board persnant to law; and fol
misconduct any officer may be sus
pended by tho commandor-in chiof.'
The term "any otlicor" rs herein
used can not in our opinion, include
the adjutant and Inspector general,
who is an executive officer, and who
could bo suspended or removed on
ly undor article XIV of the constitu-
ton OF 1895.
1t appears further by the auth
ority above quoted (Winthop vol.
I, page $685. that tho opinion re.
quired Of us is as to whether the
officer or officers under investic alton
"should properly be brought to trial
by court martial; or whether any
other, and if any, what action is
called for by the interests Of the
service, or is otherwise desirable tC
I be taken"
Since therefore, from the circum-
stances Of the case trial by court
martial could result in nothing more
than a recommendation to your OK.
collency that tho matter be brought
to the attention of the general as