The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-16
Broadway and Houston Street.
NO CASE AGAINST GEN. NOE.
Gov. Roosevelt Dismisses Gen. Butte
Cbsrges-No Violation of Military Code.

Gov. Roosevelt Dismisses Gen. Butts
CbsrEe.-No Violation Of Military Code.
ALBANY, Nov. 15.-Gov Roosevelt has dis
missed the charges filed with him by Brig
Gen. McCoskry Butt against Major Gen.
Charles T. Roe. a. commander OF the National
Guard. The Adiutant- General and the Attor.
ney- General reported to tho Governor that
Major Gen. Roe. in assigning troops TO amor
les during the Dewey celebration 10 New York
city without consulting Gen. Butt. had acted
within his authority and had not violated the
military code. In diminishing tho charges Gov.
Roosevelt says:
Il concur In the opinion OF the Adiutant-
General and tho Attorney General. The
he did Ia so obvious under the law that II was
almost a Formally to consult the Attorney.
General There 10 no room for difsrsnce OF
onnion a; to what he law mean TO assign
armory Is. OF course, % use that armory for
military purposes. There 70 not the o. ehtess
Sssn S5 0ssTsSs sHS Ia. ss S
ter not only In strict compliance with tho law.
but with sntt. p[coris,y s1d 10 n: only way =,
The ATTORNEY; Genera base. bis opinion on the
which roads as follows; "'Armories shall be
used only Sy tbrSoSs ad Sadst corp:
,ThI. CLAUSE standing sfOns. he. ssys.
,%sais sstsS &
s:ms:.l Of .hs ehsTS:: A. SEsin:.. ~, Major;
Sha chan asain.. Gen. Butt, Tor cosduct GnSe:
coming an .oficer and a 9entlsmsn and
charges AGAINST Gen. Roe Snyfurthsr,
He c6 h1s n esr ss u .piSs ss n. s ss. @
Butt should be court. IN artiaIsd aud. found
military DISCIPLINE. he could 10 dismissed. In
fact Gen Roes friends think he SHOULD not
sq- aSon Sm c With Ts Gss sp
and Fin btIssd es s. again formed into one
3. sFn;h Bs.ds. ~S view 3, issns s S.H
It'll. Is ng. q: nr,s tigg. ths. the stat.
as a brigade com 10 aadsr It wa. pointed out
Sia,sn dine with other oe.fs 1S hIs house
aftev the Memorial Day parade and tho pueli.
Snon n q hi; refusal At the s%9 saaS
,Adiuiant. denersi Andrews. 10 his report to
1T seems clear that the use OF armorics for
military purno.es !, unlimited and unre.
AdIutant- General 1t 10 not only reasonab BILE.
hut 1t is absolutely necessary. that the Gov
ernor or his representative. the hdjurant- Cen
sral. should be In q position TO direct and con-
troll the use OF tho armories for all military
purposes md without tho consent Of any SUBJ
ordinate offlcsr. am therefore OF the opinion
that Major Gen, Roe. having received the ap-
proval OF the Adjutant- General. was fully au-
thorlzed to quarter visiting troops In the
Rrmories Of the First Brigade without the con :
sent Of any other person.
=, While. In my opinion.' this 4. decisive Of
the case. and no inquiry into the facts is
necessary. II may not he Improper to add that
Gen. Roe reports that he did. a. q matter OF
courtesy. confer with the then ommandna
officers OF the brigade and organizations In
whose armortes the visiting troops were
auartered: and that thess officers were fully
advised Of and entirely satisfied with the
Er"poss ,, Hs also Expert: he.
,hi, country for Europe =" June and did not
days before the Waiting troop7 comm noed to
arrive in New York city. and long after
ssrrapnxemsnt. for quartsring visiting troops
II respectfully recommend that. the charges
against Gen. Roe and a request for q proper
construction Of Section 143 OF the Military
Code b. reieSrsd p the Attorney General Of
that II his opinion agrees with that herein ex-
pressed the charges tie disapproved and that
no further action DO taken thereon"