The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-04
NILES TURN NEX1
Truth About the Army Beef
to be Disclosed.
PROCEEDINGS WILL BEGIN
As Soon as the War Boards
Report Is In.
PROCEEDINGS WILL BEGIN

Washington, D. c., Feb. 3.-The indica-
tons are that a court of inquiry will be
ordered to investigate and report upon the
truth or falsity of the statements alleged
TO have been made by General Miles in
which the quality of beef furnished the
troops during the late war was brought in
question The matter was discussed at
some length at today's cabinet meeting
and although no definite decision was
| reached, the concensus of opinion was that
! such a proceeding should be had 1t was
argued that if the packers who had fur
nished the beef to the army had fraudu-
lently supplied an article of the character
charged by General Miles, the country
had a right to know it, and if the charges
were without foundation the people had an
equal right to know that fact. Justice to
all concerned, it was agreed, demanded
that the whole truth be brought to light.
1t was also agreed that General Miles
should not be suspended from his office as
commander Of the army pending such in
vestigation, as it was not intended that
even by inference should he be prejudiced
of any wrong-doing in this connection. 1t
is not believed that any action will be
taken, however. until the war investigating
commission has made its report. 1t is the
expectation that the commission will sub
NIT its report II the president next Mon
day. No one outside the commission IS
supposed TO know wha- the nature of tie
rene TT will be-
The method which is to be a6nr ed,
namely, a court of inquiry 20 pass upon
General Mics conduct, is taken ~ indi-
cate a knowledge on the rart # ne admin
.stration OF what the reDt-: wi, have 10
say as bearing upon the Miles charges.
The common impression is that a court
o: inquiry can be Cr3ereI only Upcu the
demand Of the on whose conduct is
10 De made the subj4 / of investigation.
While that is usually Inc case. there is,
however, a reserve power in the president
to order such a court regardless of the
wishes of the officer concerned. The au-
thority is contained in article lis of the
articles of war, which have the force OF
statutes. The article is as follows:
"A court Of inquiry to examine into the
nature of any transaction Of or accusa-
ton or imputation against. any officer or
soldier, may be ordered by the president or
by any commanding officer, but, as courts
OF inquiry may be perverted to dishonor-
able purposes and may be employed in the
hands of weak and envious commandments.
as engines for the destruction of militia y
II crit, they shall never be ordered by any
commanding officer except upon a demand
by the officer or soldier whose conduct is |
to be inquired into
1t is asserted in some quarters that the
above quoted regulation does not permit
the president himself to order a court of
inquiry in the absence of a demand by the
officer interested, and General Miles
friends say that he has not yet made any |
demand. But legal authorities are against |
this contention, and II IS said that the |
regulation macs a very plain distinction |
for a purpose expressly defined, between
the powers of the president and OF COM
handing officers.
The purpose Of the court Of inquiry IS to
investigate the conduct of an office. 1t is
expressly provided by the regulations from
venturing any opinion on the merits of the
case unless directed TO do so by the ap-
pointing authority. Upon the presentment
Of the facts made by the court of inquiry,
the president must determine whether or
not a cOurt-martial shall follow.
General Miles, on being informed Of the
currently reported court of inquiry in store
for him, said that after thorough consid-
Grafton he had decided to say nothing on
the subject He remains at his Office in
the discharge of his regular duties.
1t is suggested that it VIII be a matter
of difficulty to secure the personnel for
even a court Of inquiry with its limited
membership. without employing some CO he
officers who have already taken some pa.
in the controversy between General Miles
and General Eagan. This Is on account
Of the scarcity Of available officers Of shf-
fcient rank to warrant their ASSIGNMENT
10 his dutv