The age-herald., 1897-11-26
LOvERING'S ACT
 WAS CONDEMNED Judge Advocate of Courtmartial
 Reprimands Him. CASE OF MASTER AND MAN By Treating Private Hammond as He Did
 Lowering Established A VERY DANGEROUS PRECEDENT
 $ Which $ ,uId Eventually Disrupt and g ,troy the National Guard. T.. MANUAL OF THE ARMY AND NAVY F.
 Provides For lnsubordination But Denies Sue Rights as Used in the Case at Issue
 The Reprimand Was &c.,
 yerely Critical.
Which : ,uId Eventually Disrupt and /e
 ss'stroy the National Guard.
,. MANUAL OF THE ARMY AND NAVY

Chicago, Nov. 25.-In the lowering courtmartia1 case at Fort Sheridan, Lieu tenant-Colonel J. A. Hunter of Fort Snelling, the department of Dakota, acting as judge advocate, severely arr aligned Captain Lowering for his treat- ment of Private Charles Hammond. When the testimony was all in and in defense of Captain Lovering's action, the judge advocate, Hunter, after speak, ing of the general case, took up the speci- fica,tions saying that Lowering was first accused of a failure to use legitimate means to get garrison prisoner before a summary court, and secondi that he cruelty abused and illtreated the pris- oner. He reviewed the general evidences against LoveIdng saying that the testis mony showed beyond doubt that Lovera ing, as officer of the day, kicked Ham. mand, prodded him with his sword and cursed him.
 Arbitrary Punishment Dangerous
 "Gentlemen, I submit that in your mlli- tary community that anything in the na- ture of punishment should conform with the law" he went on to say, land that an arbitrary form of punishment withoup trial is calculated to dlsband our organE7 zation, when not restrained to the law and spirit of our free institutions.
 Between the officers who exercise power, in the manner the accused did, and the enlisted men, who are liable to becomle their victims, ther= can be no other relation except master and slave. The general exercises in the- service of powier and means such as the evidence shows the accused to have employ. Id i'm executing his order to have Private Hammond brought before the summary court, would necessarily result in our officers owning ths enlisted men,"
 Law Should Be Our Masters
 Col Hunter here noted naval rules showing that power of officers on board ship is limited to such reasonable force as was necessary to carry out the com- manlis.
 For if you establish the fact that an officer may with dmpridence order any punishment he pleases on a soliier." said Col. Hunter, you reduce enlisted | men to a condition of servitude. That l is what is meant by the false doctrine of being masterful. It Is the law that | should be our master There are rules | published for tine guidance of those who may command as we'll as those who may serve. These rules are we'll considered appropriate to the condition of our ser- | vics and a strict observance of their | principles would go far to prevent ca-
 tastrophes Nike the one we have investi-
 gated.
 Treatment Not Justiiable
 "That Hammond should have been pro- | duced in court do not deny, but that his | disobedience and stubbornness justified l his being roped and dragged there in his | prostrate, helpless condition, kicked and | prodded with the sword I do most em- 1 phatically deny.
 '"The position in which the accused was placed by the obedience of Ham,
 mond does not appear to have been a | perilously trying one for he had about 1 him in the guard room soldiers who were I able ro lift Hammond and carry him to | the court. It follows that loss by sol- | diers of self-control should be avoided | by those in command. Nothing will jus l tify breaking the established rules of dis c,pline."
 | Reputation of the Army at Stake
 In concluding Colonel Hunter said: | III 'tHiS liiti Ht-lh tHCfC lS t bStlOtio | conflict involved. think that the repu- | tation of tfla army officers for good judg- | ment, for command of self, for humanity
 and for justice is also on trial here. This 1 is a lime of peril to your order and to l your tribunal. I think the things the | accused has dome are fyrannical | and ought to appeal to you when you heard them, just as | bitter and just as scandalous as l Judgment rendered by this count will live
 long after the taps have been sounded
 over the graves If the men composing l the court"