Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-13

4 GENERALLY | ADVERSE OPINION
What the President is Urged to
y DO.
QUESTION , OF IMMUNITY

There was a great deal Of talk at the
Capitol about the War Department scan
dial. The extraordinary language used by
General Eagan in denunciation of General
Miles has caused a sensation almost as
pronounced as the Dreyfus scandal in
France. The grossness of the language
excites disgust and the opinion Is being
expressed that the President should at
once designate a new commissary general
of the army.
Naturally men in Congress do not want to
become involved in the matter by giving
general public expression to their opinions,
but it is expected that some Of the leading
men will take occasion to advise the Pres
ident of the general sentiment In congress
sional circles II executive action in the
matter S not speedily taken. The opinion
was expressed that the President should at
once order the arrest of Gen. Eagan.
The commission is severely condemned
for permitting such language to be used IN
its presence, and it is said that its doing
so detracts from its dignity and will render
its findings at the close of the inquiry in
which 1t is engaged without weight or In
fiuence. One of the most prominent re-
publicans in the House said this morning
that in his opinion the commission would
be in disgrace for permitting such language
to be used by witness before 1t, and that
the value of the Investigation would there
by be destroyed.
Why he said, mo such language would
be permitted before any committee OF the
House, or If any chairman of committee
permitted it, he would be in disgrace before
the House.
Amount Of-Immunity.
1t is said that high authorities in the War
Department take the position that General
Eagan enjoys immunity from punishment
by court-martial, the President having
promised immunity to witnesses before the
commission from prosecution on account of
facts testified to by themselves, and that
the department cannot take cognizance OF
the matter.
This view of the matter is not approved
by the highest authorities On military law.
On the contrary, this authority draws
distinction between imml nifty from pros
from punishment for an cffense committed
before the court. E'pr instance, it is said,
If an officer of the army testified that he
had seen superior officer running to the
under the Presidents promise of immunity,
be cou, t-martialed for criticizing his su-
perior ~ % :, ..
Even If he expressed the opinion that his
superior had bQpdered and had been guilty
of cowardice on some specified occasion, he
could not be court rnartialed for giving this
testimony. But If this officer, being wit
ness before thei commission, should strike
one OF the COIRIulSS1QHeTS VI VIII
ness or commit any other offense while on
the witness staiid, the promised immunity
would not extend to aim,
General Eagan might have contradlcted
every statement mads by General Miles ana
have expressed 1.-The opinion that General
Miles was incompetent or pre1udlced, ana
he could not under the Presidents prom
Use of immunity,f he held, to account OUTSIDE
the commission; for 2this testimony. But
the use of this abusive and improper ian,
guage was. IL is held, an offense committen
on the spot and cannot be regarded as tes-
timony. al flat. - Il :
The language used was in the nature 81
an assault committed while giving testi-
rnony. but not, as part of the testimony
itself 1t is thought that to extend the i'm
munity so as to make it cover such an Of
Tense as this would be TO make the pre-
cincts of the commission a zone of out
lawry The fact of an officer being d wit
ness before the commission does not open
TO him the liberty to commit a crime or to
violate the law in any way while on the
witness stand. The reason for the promise
of immunity to witnesses was plain. t
1t was to enable officers to testify as to
facts or to express opinions without being
subject to prosecution under the military
law for stating the facts or expressing the
opinion, which would otherwise be, an Of
Tense against the military code, inasmuch
as the testimony would be voluntary. An
act of violence being committed by an Of
ficer is it is held by high authorities, as
much subject to punishment IL committed
in the precincts of the commission as it
would he If committed anywhere else.