The times., 1898-09-23
ALGER RETAINS PAPERS
Carter Court Martial Findings
Side Tracked.
NOT SEEN BY GEN. MILES
Nor Have They Ever Been Sent to
the President to Whom They
Should Have Been Transmitted as
Chief of the Army
Locked Up for Several Months.


explain why he has screened infamy by
suppressing the findings in the court-mar-
tial of Capt. o. NJ. Carter, who was con-
victed of misappropriating more than half
a million dollars of Government funds
several months ago. Capt. Carter, as
United States engineer, was in charge of
the Government work in the harbor of
Savannah for several years.
The captain led what appeared to be
butterfly existence. He had his own
yacht on which he gave large and ex-
pensive parties at both Savannah and
Charleston. He lived as if he were pos
sessed of millions of his own money, in
stead of being merely in temporary pos
session of millions belonging to the people
of the United States
The fact that he spent the peoples
money as freely as If it had been his
own did not detract, supposedly, from
the enjoyment of those who participated
in Capt Carter's yachting parties and
wine suppers.
Too Much Glitter.
But there was too much glitter about
the social doings of Capt. Carter. Pilots
of incoming vessels did not complain, ex-
actly, that the channel was obstructed
by empty champagne bottles and floating
empty cases, but when cases and bottles
were found floating in the harbor in large
numbers, excursionists were likely to re-
mark that Garter must have had an
other party out
For a long time the stories of Capt.
Carter's eXtravagances We're passed over
on the ground that, he had married
the daughter of a wealthy New York con-
tractor, who enjoyed a monopoly of the
transportation of the Governments urban
mails, he had a private income sufficient
to justify his lavishness of expenditure.
After awhile, however, people began TO
wonder why. since so many millions of
dollars had been appropriated for dredg-
ing and docks so little actual work had
been done.
The total amount involved was 50, ,O0O-
600. the greater part of which, it Is al
legged, was squandered by Capt. Carter or
misappropriated. a court-martial was or
dered by Secretary Alger who had been
on terms of social intimacy with Captain
and Mrs. Carter and their respective fam
lilies.
The proceedings were published from
day to day, ana they created consterna-
tion in the exclusive social circles in
which the captain and his wife had
moved. The evidence from the first ind-
Gated conviction.
Capt. Carter was convicted, and the
findings Of the court, imposing fine and
imprisonment were started on their chan
mel of red-tapeism towards the fountain
head, the President of the United States,
the commander-in-chief of the army. But
they never reached him.
In the usual course of affairs, the pa
pers in the Carter case would have been
presented to Gen. Miles the commander
of the army, for such Endorsements as he
might wish to make, after which they
would have been sent to the Secretary OF
| War, whose duty it would have been TO
have transmitted the documents to the
! President, as commander-in-chief
! Neither Gen. Miles nor the President
/ has ever seen the Carter papers.
What Gen. Miles Says.
Gen. Miles authorized the statement
yesterday that when the Carter court
martial findings were in process of trans
mission he was absen, from the city. He
had never seen them and had no official
knowledge of their contents. He did not
know where they were, but supposed they
were in the possession of the Secretary
! of War.
In all cases of court-martIal the gem
eral explained. where the penalty was so
severe as TO involve dismissal from the
army, the rule was 10 transmit the find
ings to the commanding general, who
might or might not make recommends
tions in forwarding them TO the Secretary
| of War. The Carter case was, however,
an abnormal one, and if he had seen the
papers he would have forwarded them
without comment. But he had not seen
| them.
When the findings of the court reached
Secretary Alger, indorsed by Judge Advo-
cate General Lieber, and without having
been seen by Gen. Miles, the Secretary,
instead of sending them to the President,
| turned them over to the Attorney General
for an opinion, in the hope, 1t is said, that
a loophole might be found through which
to extend clemency to Capt. Carter.
1t is assumed that the opinion of the
Attorney General, who has nothing what
ever to do with army affairs, was not
! altogether favorable, inasmuch as it was
never made public.
The President Ignored.
AS Gen. Miles said the papers in any
court-martial case involving penalty so
severe as dismissal must be sent to the
| president as commander-in-chief for re-
view and final action.
In the Carter case the penalty was more
severe than dismissal, but several months
have passed since the trial, and the pa
pers have not reached the President yet.
They are in Secretary Ayers desk, where
they will remain until the commander-in-
chief, the President of the United States
orders him TO bring them forth, which or
der the President will probably issue inn
mediately upon the return of the Secre-
tary of War to Washington from his
Swing round the camps"