The San Francisco call., 1898-09-10
ShOrtlu.

minated upon the arrival of General Mer- ritt in General Greenes being told some very plain facts and 1t is said that only Greene's rank saved him. He was per mitted on account of 1t to return home. At any rate General Greene Is going to lay aside the martial blue for the modest
 The following Is the opinion of Judge Advocate Lieber in the matter of the general court-martial convened by Gen eral Greene, submitted to Adjutant Gen. eral Corbin:
 To the Adjutant General-sir: I have the honor to submit herewith the records of trial of Privates H. J. Lambert, Company M, First Colorado Infantry; H. B. Briggs, Company c, First Colorado Infantry; Lee Judge, Company Company F, and Robert Dick. Company M, First Colorado Infantry. All these cases were tried by a general court-martial convened on board the steamer China, at sea, by order Of Brigader General Greene, dated Headquarters Second Detachment, Philippine Expedition
 Under the seventy-third article of war; ''the commander Of a division of a separate brigade of troops shall be competent to appoint a gen eral court martial'; and prior to general or ders No. 251. War Department August 3l, 1864. 1t was held by this office that where com ing separate post or district, or operating separately In the field. was made up of regi- ments or parts of regiments sufficient to form a brigade. and such as were commonly or might properly be organized into brigade command, the same might in general be viewed as constituting a separate brigade in the sense of this article, l. e.. far to em- power Its commander to convene a general court martial" Digest of Opinions Judge Ad- vocate General, page S5 paragraph 2) By the general orders referred to 1t was provided that:
 Where a post or district is composed of mixed troops equivalent to brigade the com manding officer of the department army will designate 1t in orders a separate brigade and copy of such orders will accompany the proceedings of any general court martial con- vened by such brigade commander.
 Without such authority, commanders of posts and districts having brigade organi- zations will not convene general court mar tial'
 Under this order 1t was held by this office that "the fact that district command was composed not of regiments but of attachments merely (which. however, in the number of troops, were equal to exceeded two regi- ments), did not preclude its being designated as a separate brigade and that when so designated it's commander has the same au- would have if the cc-imand had the regular statutory brigade organization. That thouEu a district commar>s embraced a force consid- erably greater than that of brigade as com monly constituted. yet If not designated by the proper authority a separate brigade its commanders would be without authority to convene general court martial unless indeed his command constituted separate army in the sense of the sixty-fifth tnow seventy-sec- ond) article" Digest of Opinion Judge Adyo- cate General, page S6, paragraph 3)
 There is nothing with these records to show that General Greenes detachment has been designated in orders separate brieada''. :. but 1t is understood that 1t was a detachment made up of parts of brigades of the .'Independ ent Division" as defined in enclosed orders Unless 1t was So designated, am of opinion