The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-02-10

Lieut.. Col. George B. Davis, deputy
Judge advocate general U. S. A., re-
corder.
The court is hereby directed to inves-
Cgate certain allegations of the major
general commanding the army in re-
spect to the unfitness for issue of GER
tain articles of food furnished by the
subsistence department to the troops
IN the held during the recent operations
In Cuba and Porto Rico. In addition
TO its findings of fact, the court will,
submit an opinion upon the merits of
the case, together with such recon-
mendations as to further proceedings
as may seem to be warranted by the
facts developed in the course of the in
quiry.
The officers named will repair to this
city for the purpose herein indicated.
and, upon the adjournment of the court.
VIII return to their proper stations. The
travel enjoined is necessary for the
public service.
r. A. Alger, Secretary of War.
By order of the secretary of war
A. C. Corbin, Adjutant General.
Gen. Miles, when seen, had nothing to
say respecting the appointment of the
court. He has been accommodating a
large amount of evidence along the
line of the inquiry, but he has not
chosen any counsel, and large part of
his evidence has been already trans
mitted to the war investigating com
mission.
Soon after receiving the order from
the president as to the converting of
this court, Adjt. Gen. Corbin notified
the members OF the court by telegraph
of their appointment and instructed
them to be in Washington on or before
the date fixed for the meeting of the
court, namely, the 18TH instant. Gen.
Wade, who is president of The court,
was a member of the court martial
which tried Commissary General Ea-
gan. He was president OF the Cuban
evacuation commission, and is at pres
ent commander of the department of
Dakota. Gen. Davis IS lieutenant col
onel of the Ninth regular infantry, and
as brigadier general OF volunteers is
now in command Of the military de-
partment of Pinar del Rio, Cuba. Col.
Gillespie is one of the most dstin-
guished officers of the engineer corps,
and for some time has been in charge
of important river and harbor works
in the vicinity of New York city. Col
George B. Davis, recorder of the court
served as judge advocate of the Eagan
court martial, and is professor of law
at West Point.
This court of inquiry it is said by
persons versed in military jurispru-
dence, will be unique in that it will
be directed in its investigation against
a state of affairs and not against a
person, for although Gen. Miles is
named as the author of certain allie
cations in the formal order, it is
these allegations and not Gen Miles
that are the subject Of inquiry The
only regulation in the army manual
bearing on courts of inquiry, provides
that they may be appointed to inquire
into any allegation against, or the con-
duct of, an officer or an enlisted man,
but nothing is said about an inquiry
into state of things. 1t is to be as
sumed, of course, that the president
has thoroughly satisfied himself as to
the legality of this order before issuing
it. The court has no power to compel
the testimony of civilian witnesses, and
in ordinary cases would be limited in
it's report to a mere statement of facts
developed, though the regulations per-
nit the converting authority to add to
the instruction a direction to express
an opinion on the merits of case and
TO fix responsibility. This privilege has
been awaited of, it appears, in the pres
ent instance.
Therefore, the court of inquiry
should it find that Gen. Miles charges
are not sufficiently established. NAV
express an opinion as to what course
should be pursued toward him. In 9TH
er words, it may recommend his trial
by court martial for making baseless
charges. Inasmuch as hte court of
inquiry will have to take up the whole
subject of the meats furnished TO the
army and ascertain the exact state of
this meat as it left the packers hands.
as well as look into the preliminary
operations of Strengthening, packing
and canning and refrigerating, a good
deal of time probably will be consumed
in the inquiry.
1t may be necessary also to call ner-
sonally before the court all of the off
GERS cited in criticism of the meat Inv
Gen. Miles, numbering between 60 and
10, in which case good deal of ex
penSe will be incurred and still more
time consumed. The adrninistration
takes the position that these charges
against the character Of meat SUNNY
shall be thoroughly sifted and if
wrong has been done that il shall be
corrected. 1t is not regarded as any
reflection upon the commission TO in
Vestigate the conduct Of the war that
another tribunal is now to undertakes
the investigation Of a subject that WINS
inquired into by that commission. The
fact is that the commission had no le-
gal power In its proceedings and its
findings have no legal weight. II was
intended to satisfy the president him
self and the American public concern.
ing the conduct of the war department
and the quality of the food supply was
only an incidental branch of the in
vestigatlon On the other hand he
court Of inquiry has as much nov.e,.
legally, to get at the exact trntb as
can be conferred by the executive. and
can inltlale proceedings which will
lead to the punishment OF any narr
sons guilty. of wrong doing in conpec-
ton with the subject which n "a
charged to investigate.