The Portland daily press., 1899-02-10
ssEr Toies INQUIRED INTO.
Court of Inquiry to Investigate Gen
Miles Charges

washi ington, February 9.-The Presi-
dent has appointed a court OF inquiry to
examine into the charges touching the
meat furnished the American army in the
war with Spain. and other matters In
volved in the charges made b, Gen. Miles
against ths administration of war affairs.
The court will consist of Major General
Wade, Col. George W. Davis. Ninth Infsn-
try, and Col Gillispio, Corps OF Engi-
neers, now stationed In New York.
The order for the court OF inquiry Is as
follows.
War Department.
Adiutant Generals Office,
81 Washington, February ., 1899.
Special order., No.
The following order Is published for
the Information and guidance OF oil con-
cerned:
War Department.
Washington, February 9, 1879.
In accordance With the Instructions of
the President OF February 8, 1899, q court
Of inquiry, to consist OF the following
named officers Is hereby appointed to
meet in this city on February is, 1922
Detail for the court:
MAJ jor General James r. Wade, u.s.. v.
Brigadier-Gsneral George b. Davis, q.
5. V.
Colonel George l.. Giliispie, Corps of
Engineers, U. S A.
bieut. Colonel George b. Davis, deputy
judge advocate general. U. 5. A record
er.
The court is hereby directed to investi-
gate certain allegations of the major
general commanding the army in respect
TO the unfitness for issue of certain ar
tiolss of food furnished by the subsistence
department to the troops in the neld dur
ing the recent operations In Cuba and
Pcrto Rioo. In addition to Its findings
Of fact the court will submit an op inion
upon the merits of the case together with
such recommendations as to further pro-
ceedings 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
win return TO their proper stations.
The travel enjoined is necessary for the
public service.
X. A. Algsr, Secretary of War.
by order of The Secretary OF War:
II. g. Corbin, Adjutant General.
Gen. Miles when seen had nothing to
say respecting the appointment of the
court He has been accumulating large
amount Of evidence along the lines of the
inquiry, but he has not chosen any coun-
| sci and IA large part Of his evidence hat
been already transmitted to the war In
tigatinI commission.
Soon after recev wing the order from the
President as TO the convening OF this
court, Adjutaut General 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 nesting of the
court, namely the 9th inst.
This court OF inquiry, 1t Is said, by per-
sons versed in military Jurisprudence
Will be unique In that 1t Will be directed
in its investi cation against state OF
affairs and not against person, for al
though Gen. Miles is named as the au-
thor of certain allegations in the formal
order IL Is these allegations and not
Gen. Miles that are the subject OF In
quiry. The only regulation IN the army
manual bearing on courts inquiry
provides that they may DO app ointed
to inquire into any allegation against,
or the conduct of an officer or an en-
listed man, but nothing Is said about
an inquiry into a state OF things. II
is to be assumed, of course, that the
President has thoroughly satisfied him
self as 10 the legality of this order before
issuing it. The court has no power TO
compel the testimony OF civilian wit
nesses ana in ordinary cases would be
limited in its report to mere statement
of facts developed, though the reguln-
tions permit the convening authority to
add TO the Instruction direction to ex-
press an opinion on the merits of the case
and TO fix responsibility. This privilege
has been ayailed of 10 appears. in ths
present instance. therefore the court OF
Inquiry, should it ind that Gen. Ailes's
charges are not sufficiently established
may express an opinion as to what course
should be pursued toward him. In other
words, 1t may recommend his trial by
oourt martial for raking baseless
charges.
The administration takes the position
that these charges sgainst the character
OF the meat supply shall be thoroughly
sifted and II wrong has been done them
ii shall be corrected. The court of in
quiry has as much power. legally. TO ge,
at the exact truth as can be conferred
by the executive and can initiate pro
ceedings which will lead to the punish
ment OF any persons guilty of wrong do
| ing In connection with the subject which
IL is charged to investigate.
M