Evening star., 1898-08-30
Believed That He Desires a Court Of
Inquiry.
TO EXAMINE CONDUCT OF THE War
The Department, It is Thought,
Will Try to Block Him.
COU RT-M ATRIAL PREFERRED

No doubt is entertained in official circles
that the interview attributed TO Gen. Miles,
and the publication this morning of various
orders to suhstantiate the statements made
in the alleged interview, forshadow an
OF en- controversy between the general COM
manding the army on the one hard and
the Secretary of War and Gen Corbin on
the other. The prevailing opinion is that
Gen. Miles has come to a deliberate deter
mination to make an issue on the conduct
of the war to fix his own status and to To-
cate the responsibility for bad management
and blunders which may have occurred,
involving unnecessary suffering and loss of
life. The communication from Gen. Shaf-
ter to Gen. Miles on July u, in which the
former notifies the general comuanding
the army that he was told by the Secre-
tary that Gen. Miles was not to supersede
Kim in cor:mard there, confirms the state
ment to that effect made in the original ir-
terview, and leads more strongly to the
conclusion that the interview was at least
the result of talk with Gen. Miles.
A Star reported asked Secretary Alger
this morning If he would make any state
ment concerning the publication of orders
and dispatches this morning in continuance
of the controversy. The Secretary declin-
ed to make any statement, not desiring to
enter into newspaper controversy. One
in portant question, however, he consented
to answer. The reporter asked if the tele-
gram informing Shafter that he was not to
be superseded deposed General Miles, the
general commanding the army. The Sec
Ietary replied:
1T did not. General Miles was not de-
posed
1t is believed that General Miles desires
court of inquiry. and that if the oppor-
tunity is offered him he will ask for one
soon after his arrival in this country. The
question whether or not General Miles was
IN command while at Santiago and whether
General Shafter was warranted in his COM
municatfon to General Miles of July II de-
pen6s upon the character of the communi-
cation from the department in which Cen
eral Shalter was informed that he was not
TO be superseded by General Miles Article
IL OF the Articles of War provides that
Where several commanders come together
the officer of highest rank shall command
the whole and give orders for what is
needful to the service unless otherwise
specifically directed by the President. ac-
corolns' TO the nature of the case"
The Officer In Command
Inc construction put upon this by the
usage Of the army is that the ranking Off
Ger shall invariably command when pres
ent, not superseding the officers ranking
below him, but taking command above
them and of them, unless the President by
direct order in the particular case desig-
mates the officer of inferior rank to COM
mand. IT, therefore, the communicat ton to
General Shafter from the department was
an order placing him in command over
Miles, such an order would be in accord
ance with the rules of war, but d mere
&C communication informing General Shafter
that Miles was not to supersede him would
not, according to the best authorities. have
any force. General Shafter in commune
eating the fact to General Miles says sim
ply that he was told by the Secretary
that Miles was not to succeed in command,
and. according to the best information
available here, that was the case. 1t is
said that there is no order on the files of
the department placing Shafter in COM
mand over Miles, and that the dispatch
sent to Shafter was merely communica-
ton conveying information sent from the
adjutant generals office.
Under the articles of war. Miles being
present in Santiago, was either in command
of Shafter and all the army under him.
else Shafter was in command of Gen. Miles
and all the army under him, Miles being
subject to the orders of Shafter officer
superior, and therefore temporarily not
commander of the whole army of the
United States. Secretary Alger says that
Miles was not deposed, and it is understood
that no formal order was issued placing
Shafter in command over him while he was
at Santiago This being the case, If it is as
it appears, it may be regarded by Gen.
Miles as pertinent inquiry and proper
subject of investigation, as to what author
ity, in the absence of an order, there was
for communication to be sent from
the department to General Shafter ad
Vising the latter that he was not subject to
the orders of the general commanding the
army.
Court of Inquiry.
If Gen. Niles is seeking a court of in
qury, persons familiar with military meth
DDS are of the opinion that the department
will cndeavor to block him in that pur-
pose, and this inference is borne out by the
fact that none of the assertions attributed
to Gen. Miles is being called in question by
either the Secretary or General Corbin pub
icy.
Article 115 of the Articles of War pro-
vides: "A court of inquiry, to examine into
the nature of any transaction Of or accu-
seton or imputation against, any officer or
soldier, may be ordered by the Presidenl
or by any commanding officer; but as q
court of inquiry may be perverted to dis
nc norable purposes, and may be employed,
In the hands of weak and. envious COM
nlandants, as engines for the des truction
of military merit, they shall not be ordered
demand by the officer or soldier whose con-
duct is to be inquired Of
The President might order a court of in
Quiry without its bsing demanded by the
oficer involved, though no but the
President could do SO. This would be an
extraordinary thing, however, and 1t is not
remembered that any President has ever
ordered court of inquiry which has not
been demanded. If Gen. Miles should de-
mand court of inquiry. it would have to
be ordered, but such demand must be
based on an accusation or imputation
against him, which he aims to refute. But
as the matter now stands the accuse ton or
imputation has not been against Miles, but
rather, if the alleged interview was author
lied by him, the imputation has been made
by him against the department or officials
of the department.. II any assertion made
by him were denied by Secretary Alger
Gen. Corbin any official Of the depart
ment, or officer of the army, he would be
in position to demand a court of inquiry,
but as long as his statements are permit
ted to go uncontradicted authorities hold
that he will not be in position to demand
such an inquiry.
Either Secretary Alger or General Corbin
might base a demand for a court of in
quiry on the interviews and other publ.
cationsi in connection with this eontro-
versy, but it is understood from those who
have talked with those officers on the sub
ject that tAey are not disposed to make
such a Demand, but are more likely to
move for court-martial.
A Court-Martial.
This, it is said they may do by officially
inquiriHg of Genera Miles whether he au-
thorized the statements attributed to him
in the interview and If he says that he
did then to subject him to court-martfal