New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-09
TNFORTTNATE DELAY.
vance.

the United States Army will receive with great
satisfaction the assurance Of Attorney General
Griggs sent ont from Washington yesterday,
that progress Is being made with the Carter
court martial case There has been abroad an
impression that the case was at standstill, or
otherwise, at any rate OF movement however
slow a final decision must have been reached
before this time. Military justice is generally
prompt and free from the delays which so fire.
ouently characterize our civil courts and are
recognized as serious menace TO law ana
order, both from the impatence they provoke
among honest people and the encouragement
they give to rogues. We pride ourselves upon
the high standard Of patriotism and honesty or
our Army officers, but If we teach men that
they can disgrace the uniform of the United
States and indefinitely escape punishment our
military service will be as open TO corruption
as the New-York police force under the black
mailing and crime protecting system OF Tam
many Hall.
Captain Oberlin NJ. Carter was on May u,
1895 convicted by a court martial, presided
over by General Elwell s. Otis, Of frauds In
connection with the Improvement of Savannah
Harbor and sentenced TO be dismissed from
the Army, to be imprisoned for five years ana
to pay a fine of $4,000, and the publication of
his crime and sentence in the newspapers of
his home town for one year was ordered. Ever
since May u. 1898, that sentence has been
suspended while one sort Of review or another
was being taken by some person or other.
Meanwhile Captain Carter wears his uniform,
and the contractors who defrauded the Gov
eminent enjoy immunity and, il is charged, are
hoping that the case Of Captain Carter Will he
so prolonged that nobody will begin proceed
ings against them before the statute OF limita-
tons leaves them safe in the possession or
their Ill gotten gains. The record or the trlal
was placed in the hands Of the Judge Advocate
General on May 10, 1893 and forwarded to
Secretary Ager on June 20, 1898. Then the
unusual course was taken Of sending the case
for review to an outside lawyer, because the
testimony was too voluminous for the Presi-
dents personal attention. Ex-senator Edmunds
was chosen for this task. and he finished 1t In
July 1898 After that the Attorney General
took I'D the papers. and he is now waiting till
Wayne MacVeagh. Captain Carriers counsel. VINO
is in Europe can come home and make another
plea for his client The latest estimate is that
decision may be reached in perhaps two
months or about year and half after the
finding of the court martial.
As the Attorney General has hitherto pointed
out the testimony in this case is voluminous,
and il takes time to give adequate attention to
all the points raised by Captain Carter in his
appeal from the sentence Nevertheless, de-
Law of year and half is so unusual in pass
ing upon the finding Of a court martial that IL
has not unnaturally excited remark and crit
icism which have not been in the least al
layed by the personal and political connections
of Captain Carter Perhaps the suspicion that
strong influence is being exerted to save Cap
tain Carter from imprisonment is not well
founded There may be nothing to the stories
afloat of the efforts being made by the con-
tractors and their supporters 10 put the case
in such shape that even II Captain Carter does
not escape they will enjoy immunity. The as
sertion that the statute Of limitations will re-
lieve them from the conspiracy charge in De
cember, 1899 has been declared officially 10 be
OF no consequence, there several ways
Of holding the contractors for any wrong they
may have done. Nevertheless, the failure Of
the Government to take immediate steps against
the contractors before their lawyers could set
up even an Ill founded plea of this kind in
defence has only added 10 the puzzled Ques
toning OF people about this unusual case If
captain Carter did not have friends among
powerful Senators the delay In passing on his
conviction would be remarked as strange. With
those friends actively enlisted in his behalf
there is special need that no excuse should be
given for the charge that the honor OF the
Army can be tempered with 1t is therefore
particularly unfortunate that circumstances
should have compelled the authorities In their
attempts to do full justice TO Captain Carter
10 drag the case along so far as to cause won
derment and impatence II Captain Carter
has been wronged, 1t ought to be possible for
him to show 1t without delay Of year and
a half II he is guilty, he should be punished
before the memory OF his crime fades away
and the example Of his sentence is lost. And,
above all, the Government should be sayed