The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-08-31
COURT-MARTIAL FOR MILES.
Alger's Men Preparing the Case Prior
to the Arrival of the General.

to the Arrival of the General.
WASHINGTON, Aug. 3O.-Oficials of the
War Department are preparing for court
of inquiry with the ultimate object of hav-
ing a court-martial of Maj Gen. Nelson A.
Miles The rules, regulations and articles
governing the army have been carefully
studied by selected men and their work is
about completed. One of the leading con-
gressional supporters of the secretary Of
war and his administration to-day said
that he had seen the law pointed out and
significantly added:
II hope that General Miles is not guilty
of those Interviews
This statement corroborates the informa-
ton published several days ago that the
War Department would give General Miles
the opportunity of denying the statement
he has been credited with making before
any official action would be publicly taken
1t is still thought by General Miles's friends
that he has opened the battle himself.
When General Miles returns to Washing
ton he will be asked for an explanation of
recent interviews with him appearing and
the publca ton of certain dispatches W Eich
the War Department has not made public.
Whether the investigation will take the
course cf a military court of inquiry or of
a private interview between the President,
the Secretary of War and General Miles re-
mains yet to be seen. Until the arrival of
General Miles the War Department will not
discuss the matter. Secretary Alger says
that the department will not enter into any
controversy with it's subordinates, and he
does not propose to discuss matters affect
ing General Miles during his absence.
The department is of the opinion that Gen.
Miles made public the dispatches of the Sec
rotary General Shafter and himself pub
lished this morning. Such action it regards
as a breach of military regulations, but no
military court can secure proof that Gen.
Miles made public the dispatches If he and
the person to whom they were furnished
refuse to give the information, as several
military trials made it settled law that no
military court can compel civilian to tes-
tify if he does not want to- General Miles
may also be called to account for the in
terviews with him. as, unless disavowed,
they would place him in the attitude of crit
icisng his superior officers and subject him
to military discipline.
The publication of the dispatches to-day,
taken together with previous interviews in
the Kansas City Star, were the topic of
conversation among officers of the War De-
partment, and already there is a disposition
others deplore the conditions as tending to
lower the tone of the army and to do rrep-
arabic injury to the service. 1t is eX-
pected the controversy will extend to both
houses of Congress, and it is feared will
have an adverse effect upon legislation
which will be asked to better the army.
1t is generally understood that the regular
force will have to be largely increased at
least until the conquered islands are dis
posed of, and it is feared that legislation in
this direction will be hampered by the in
evitable controversy between the secretary
of war and the general commanding the
army
The officials who have been prepa ring the
legal side of the case have settled upon
Articles 10, 20 and rs of Army Regulations
as sufficient to cover the alleged offense OF
General Miles Article 10 provides that,
ANY officer who uses contemptuous or dis
respectful words against the President, the
Vice President or the Congress of the
United States the chief magistrate or the
Legislature of any of the United States in
which he is quartered, shall be dismissed
from the service, or otherwise punished as
court-martial may direct"
1t is presumed that the alleged statements
of General Miles concerning the conduct Of
the war may be maze 10 snow 0lSreSpecI Tor
the President, who is commander-ip chief
OF the army and navy and primarily re-
sponsible for the conduct of the var. If
this stand cannot be maintained Article 20
can be used. That article provides that,
Amy officer or soldier who behaves himself
with disrespect toward his commanding
officer shall be punished court-martiaI
may direct"
This article, on it's face. could not be in
voked because. although the alleged state
ments reflect upon the secretary of war,
that official is not commonly regarded as
"a commanding officer"
MAY BE ACCUSED OF DISRESPECT.
But there is a voluminous digest of opin-
ions delivered at court-martials, and, in
that digest is found the decision: THE dis
respect here indicated may consist of acts
or words 1t must be shown In evidence UNI
der the charge that the officer offended
against was 1.-The commanding officer OF
the accused
1.-THE commanding officer" OF the officer or
soldier in the sense OF this article is prom
erly the superior who is authorized to re-
ouire obedience to his orders from such Of
ficer or soldier at least for the time being.
With this standard opinion concerning
Article 20 it can be demonstrated that FOR