The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-09
THE COURTS CRITICISM
FAILURE TO NOTIFY SECRE-
TARY ALGER CONDEMNED.
MASS AND EhGAN ARE ALSO CENsUReD
Court Declares Commander in Chief When he
Suspected Troops Health impaired by
Bad Food Should have
Corrected the Wrong.

Washington, May by direction of
the President, who approves the findings,
Acting Secretary of War Aieikln John to-
day made public the report and findings
of the military court appointed to investi-
gate the charges made by Major General
Miles, commanding the army, that the
beef supplied to the army during the
war with Spain was unfit for the use of
the troops.
The court finds that General Miles
allegations that the refrigerated l,eef
was treated with chemicals were not es.
tabIishcd; that his allegations concern
ing the canned fresh or roast beef were
sustained as to its unsuitability for food
as used on the transports and as long
continued field ration.
General Miles is censured for "error'
) in failing to promptly notify the Secrc-
tary of War when he first formed the
opinion that the food was unfit. Gene.al
Eagan, formerly commssary general, is
censured for too extensive purchases of
the canned beef as an untrled ration
Colonel Malls. of General Miles STAFF,
is also ccnsured
The court finds that the packers were
not at fault: that the meats supplied 10
the army We're of the same quality as
those supplied to the trade generally,
and recommends that no further pro-
ceedings be taken in the premises.
CONCLUSIONS OF THE COURT.
The conclusion Of the court adverse to
4 further proceedings based upon the
charges is as follows:
1T has been developed in the course
of the inquiry, as recited in this report.
that in some instances certain individuals
failed to perform the full measure OF
duty or to observe the proprieties which
dignity high military command. but the
court is of the opinion that the mere
statement in the official report of the
facts developed meets the ends of disc-
pine. aud that the interests of the scr
vice will be best observed il further pro-
ceedings be not taken.s'
There is more or less criticism of Gen
eral Miles in various parts of the report
The court finds that the Major Cen
eral commanding the army had no suffi-
Gent justification for alleging that the
refrigerated beef was embalmed or was
unfit for issue to troops. 1t also finds
that he committed an error in that, hay-
ing belief or knowledge as claimed; that
the food was unfit that it caused sick
ness and distress; that some of it was
supplied under the 'pretcnse of expert
ment:' that other beef was embalmed,
he did not Immediately report such
knowledge or belief to the Secretary of
War to the end that a proper remedy
might be promptly applied
WHY COLONEL MAUS is CEN
SURED.
The censure of Colonel Maus, Inspec-
tor General on General Miles staff, is
based upon his failure to call attention
to charges concerning the beef at Chick
amauga contained in report of inspec-
ton made by DIR. Tor Major Daily, on
October 26 last in which he stated his
belief that the beef was chemically
treated. 1.-The silence of Colonel Maus, :
says the court, ION so important mat
ter as the chemicalized beef reported by
Major Daily and personally known to
himself is remarkable" The remark is
also made that General Miles failure to
draw special attention to this report is
unexplained"
Commenting upon General Miles tes-
ion last August that the refrigerated
beef had been processed, the court re-
marks: .Whatever the date upon which
he formed belief, or a reasonable sus-
picfon, that the health of the troops was
being impaired by the use of deleterious
food it. was his bounden duty, i'll the
opinion OF the court, instantly to take the
most effective measures within his CON
troll to ascertain the actual fact and to
correct the wrong, if any should be
found.
1T would have been practicable to
obtain samples of the beef then beng
supplied to the army by contractors and
to have submitted these samples to
chemical examination, which would have
resulted in the detection of the presence
or absence Of boric and salicylic acids, or
any other chemical agent that may nave
been used as a preseryatiye agent. Yet
no such precaution as that suggested
was taken by the Major General com
manding at that time or at any subse-
quent time so far as has been learned by
the court.
GENERAL NILES ALLEGATIONS
THE court finds that the allega
IionS OF me maJOf-generdl conlmdhu
ing, to the effect that the refrigerated
beef supplied to the troops was treat,
ed with chemical preservatiyes, have
not been established. The court finds
that so much Of the allegations of the
maJor-general commanding in respeci
to the canned roast beef as relates
to its unsuitabiity for food, as act
ually used on the transports, and as
&C. tan ct1ra Ik.,,..
as field ration. are sustained. II
the opinion of the court none OF tbs
otfer allegations in relation to thu
canned fresh beef are sustained.
''The evidence shows that Col. JOIN
T.. Weston. assistant commissary-gen
eraf of subsistence. recommended thu
adoption of the canned roast beef a,
component Of the field ration an6
To this extent he is Responsible
The report places the quantity OF
canned roast beef purchased for the