The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-17

proved by the Judge advocate general
and secretary of war, but when II
reached the president he was persuad-
ed by Carter's influential friends to
submit the entire proceedings to a
disinterested lawyer for review. Ex-
Senator Edmunds was the lawyer chos-
en- for this purpose. and he in turn
approved the main features of the
verdict. One would think that after
such a circuit of approvals sentence
would be pronounced. But it was not.
The president next referred the mat
ter to the attorney general and he
has not only gone over the law points
and testimony, but intends to reopen
argument and evidence on the merits
of the case. No one knows when he
will reach conclusion or whether,
the president.
Major Carson says there are no in
Z stricacies in the Carter case requiring
such extraordinary and unprecedented
action. "The testimony" he asserts,
lis clear and convincing, and the guilt
OF the accused is established beyond
all possibility of doubt. There is not
person who has been called upon
to take official notice of the case ex-
cept the president, who has not been
convinced of Carters guilt and the
righteousness of the judgment of the
court-martial. But in any event,
whether the president has or has not
6nuhtG no nf
found by the court-martial there can
be no justification for the extraordin-
airy course that has been followed in
the case. The record of the court
upon which its action was based, is
before the president, and to practically
assail that record by inviting further
argument and introducing additional
testimony is not only to do an unpre-
cedented thing, but to impeach the in
tegrity of the court. If there are err
rors they can be pointed out, and 1t is
within the discretionary power of the
president to correct them and to give
the accused whatever benefit would
logically and rightfully follow. He can
mitigate the sentence in whole or in
part, or he can disapprove the entire
proceedings and restore the accused
officer to duty. But he cannot, with
out violating all precedents, making
military justice a travesty and assail-
ing the honor Of the army, place the
I members of the courtmartial, together
with its prosecuting officer, tribunal
ordered and created by his own act,
in accordance with the requirements
of law, in the position of defendants,
with the accused and his counsel as
prosecutors"
This opinion, we may add, is gen.
orally held by army officers who view in
the unprecedented caution Of the presi-
dent Show of favoritism to the wealthy
and influential friends of an audac-
ious scoundrel which would never be
exhibited to a defendant without such
influences at his back. On the other
hand, we have in the executives
| course an exact antithesis OF the
course pursued in the French republic
in the initiatory stages of the prose-
| cution of Dreyfus. There the power of
the government, both military and
civil, was put forth to hasten the
conviction and punishment of an in
nocent man. Here the executive ex-
ercises deliberation even beyond the
normal in order that no doubt may
remain when once the finding is an
nounced. 1t may be that the Dreyfus
affair has made President Mckinley
extremely careful; but if so, the error
Is on the right side.