The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-14
But Unless He Does So They WIN
Not Consider 1t.
MAY BE OFFICIAL COGNlZANCE.
The Cabinet Discussed the Matter at
Its Meeting-Gencral Miles Says
It Would Not Have Been Al
lowed In q Police Court.
Roosevelt Backs.
Gen. Miles.

WASHINGTON, Jan. l5--Ine W ar IN
vesugatlng Commission to-day took
prompt action on the sensational tesu-
mony submitted to it yesterday by COM
mlssary General Pagan and sent the
statement incorporating his testimony
back TO plm with the privilege OF Ie-
submitting if me chooses to revise la
language. Further than this the COM
mission determined It could not aud
should not proceed.
The commission regrets that General
Eagan proceeded as far as he did and II
IS explained to-day that the vituperatiye
nature of the testimony was a complete
surprise TO the commission and that but
for the rapldity with which General
Eagan read his long statement and tho
absorbing vehemcnce OF It's delivery he
would have been checked at the time.
PAPER REJECTED.
The matter was taken up IN executive
session by the commission yesterday i'm
mediately General Eagan had closed and
Ex-Governor Woodbury., OF Vermont. in
troduced motion substantially like that
made public to-day and the rejection OF
the testimony as II stands was unani-
mNN1lg NpLeU AT klt tAtNAllFN afcri'h
preceding to-day's session.
At the time Of the creation Of the COM
mission. the President In instructing tho
commission verbally, assured the men,
bers that all witnesses would be inn
mune from punishment for what they
might say before that body, but members
OF the commission say IL never was in-
tended 10 indulge such language as that
given utterance to Yesterday.
Following IS the commissions letter TO
General Eagan:
Washington, Jan. iS 1899. s
To Brgadier General G. +. Eagan, Com
missary General, War Department.
Sir-We respectfully inform you that
after your testimony was read yesterday.
the following resolution was unanimously
passed.
Moved. That the commission receive
General Eagan's testimony without COM
ment; that it be not printed at once, but
held for tho consideration Of the COM
mission Carried"
IMPROPER LANGUAGE.
Having now considered the questions
involved we have determined that in
many instances the vituperative language
used By you was not such as ought 20
have been addressed as witness to this
board.
We think that the personal attacks and
irrelevant statements contained IN the
papers submitted should be eliminated
and before receiving II as testimony we
request that you will revise its language.
and II you choose, please submit 1t for
our consideration. We herewith return
your papers
(Signed) cHAS. DENNY
Vice-President.
OF ABSORBING INTEREST.
There was no abatement in the inter
est exhibited here to-day In all the IN
cldents connected with the occurrence
OF Yesterday As might be oNpectcd
matter of this official consequence was
sure TO attract the attention of the
President. and a greater part OF the ses-
sion OF the cabinet to-day was given TO
its consideration. IL is almost certain
that official cOgnlzance Will BE taken or
the matter very soon.
General Eagan gave no sign to-lay ot
any intention on his part 10 avail hmsef
OF the offer made by the Board. Ills
friends did not hesitate 20 state 'Aat no
would expunge the Objectionable lam
guage but he would say nothing Tor
himself. and any intmation on that score
must be- obtained from tho Board itself
The War Department officials are not
vet clear as 10 what would be the eject
OF a withdrawal or modification of the
statement One element holds that, OH
cially the record failing to show that
any Objectionable language had been
used there would be no legal offence.
Another takes the view that while the
amendment Of the statements would
mitigate General Eagan's offence. II
would not wipe II out Another aspect
OF tho case Is the bringing forward OF
the plea of exemption which was guaran-
tesd In the name OF the President 10 all
Of the witnesses before the Board from
the consequences OF what they might
say. but again the officials were divided.
and this was also true Of the members
Of the cabinet as bo whether the ex-
emption could be claimed in this par
ticuiar case.
MILES Is WAITING.
Meanwhile General Miles Is apparently
waiting for the War Department TO act.
taking the position that Il IS incumbent
upon It and the War Commission 20 pro-
tect the army from such attacks.
General Miles. when asked to-day what
official action. IL any. would be taken re-
garding General Eagan's attack. replied
that ne had not made any statement on
the subject and did not intend 10 fore
cast the proceedings OF the War Depart
ment. When it was suggested that ths
War Department was estoppei from any
proceedings against General Eagan on
the ground Of protection promised by tha
President 20 all witnesses in their testis
mony before the War Investigating Com.
mission, General Miles said there might
be some question as TO the dividing nns
between testimony and personal aouses
that I'm his opinion. any court or justice.
or. for that matter. police court. would
have stopped a witness who had used
before II such language as was used be-
fore the War Commission yesterday.
General Miles said: II did not want to
appear before the War Commission IN
the first place. When they wrote mo
suggesting that voluntarily appear be-
fore them I replied that ] believed u 10
be for the hest interests OF the service
for me not 20 volunteer any testimony
When 7 was ordered before the commits
sion and they asked me concerning GER
tain facts that I had In my possessson'
I was Obliged as matter OF honesty u
an,u,ar thetn and prOduced official COM