The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-26

me pTeHHlinSry comments upon Il. OAc
of these IS the notion that such court
must be composed OF officers Of equal rank
with the accused. Some OF the writers.
indeed, have gone so far as to assert that
such and such officers must serve on the
court because they belong 10 the regular
army, while volunteer officers of CORE
spending rank would be ruled out.
The article of war make no such distinc-
! ton. They leave a large discretion 70 be
exercised By the officer ordering the court
as 10 the matter of personnel. IT would be
entirely competent for the President TO
have General Miles himself tried before
court of second lieutenants. but Il would
not be desirable. An officer Of equal rank
with the accused is supposed 10 have moth
ing to gain by the result of the trial.
whereas If a court composed of subordinate
officers were convened often enough TO try
officers OF higher rank. 1t would be posi-
bic to create long list of vacancies and
set the machinery of promotion actively
al work all along the line. All that the
law requires is that. when IL can be aviod-
ed" no officer OF lower rank than the ac-
cused shall sit in judgement upon this case
II rested with the President to judge. in
Gen. Eagan's case. whether the assign
ment Of officers OF inferior rank could be
avoided"
1t would be possible OF course. IL neces-
sary, 10 overturn the whole military sys-
TEN. bring in high officers from posts OF
duty at great distance, and where they
are already very busy. and to do many
other undesirable and inexpedi.nt things.
But the phraseology Of the law has been
commonly interpreted as meaning simply
that whatever Is practicable, officers OF at
least equal rank with the accused shall
sit al his judgment. In any event, no dis
tinction is drawn between the regular and
volunteer officers; so that with the list
still remaining in active service. the Presi-
dent would have the abundant material
to draw upon. and will have stIll If. through
Illness Of for other causes. any Of the judges
first chosen shall be obliged to drop out.
Another error quite as widely entertain
ed is that the supposition that the charge
or charges on which Gen. Eagan is tried
must necessarily determine his punish
ment. The charge of conduct unbecom-
ing an officer and gentleman" would. II
made alone and sustained, leave the court
with no alternative but to sentence an Of
ficer to dismissal In this respect it diff
fers from such a charge as that of con-
duct prejudicial to good order and dicipline
of the service. This last charge is very
elastic. An officer might do a thousand
things prejudicial to good order and dici-
pine without crossing the borderline Of Of
Tending which would stamp him as I'M
worthy of the society Of gentlemen and
brother olncers. Sometimes the two charg-
es are combined. and the court finds that
the lighttr one il sustained, and the other
not. In that case, the sentence may be a
very moderate one. There is also notable
precedent 70 IA caourt's going out of its
way to declare the charge before II is I'M
sustained. but the accused officer guilty or
less grevious offense; in the Swain case.
for instance, this was done and Swain was
suspended, whereas under an adverse find
ing on the original charge hi would have
been cashiered. In any case, the President
has power 10 mitigate the sentence or ex-
tend a pardon.
A third vvery widespread error is found
ed on the idea that a court OF inquiry, il
it had been ordered instead Of a court
martial would have disposed of the cases
of both Eagan and Miles a. once. and pun
ished whichever officer was guilty Of the
more serious offending or both if both were
equally guilty. A court Of inquiry does not
punish. j is simply a part of the de,ec-
tive system of our military establishment.
It's function is limited 10 discovery Of the
facts for the comma nding officer who ord
cred 1t. Sometimes the finding OF the
court are set forth in a formal report. for
the purpose of making public the exoner-
alton Of persons under suspicion and some
times with such informality that only a
maagre record is left on the files of the
department. If the facts discovered by
the board Of inquiry seem to justify a court
martial, the commanding officer may order
it. or in his discretion he may pass the
whole matter over The court of inquiry
does not have even the advisory functions
Of grand jury, to say nothing of its
power of indictment. Sometimes when the
commanding officer does not consider a
court of inquiry necessary, wishing TO avoid
it's expense or inconvenience. ne simply
details an inspecting officer 10 collect tho
information desired That officer may in
spect with his own sight and hearing
taste, smell and touch, or he may con-
duct his inquiry wholly by correspondence.
He may make the inspection while the
subject matter is still in existence. or he
may fsll back later upon the memory OF
witnesses who were competent to Judge OF
It,
While there Is absolutely no sentiment
here favorable to Eagan in connection with
the offense which has given rise to the
court-martial there is an almost unani-
nous feeling of regret that. after so many
years Of service and so unblemished a re-
cord in the field. ne should have fallen into
TO this unhappy complication. now that he
is an old man. There has also sprung up
during the last few days q demand for the
final settlement Of the whole beef contro-
versy. not of a nondescript commission.
such as Is engaged in the investigation Of
the conduct Of the war, by a board Of army
officers above all suspicion of"plsying poll
ties" either military or civil The feeling
is that Eagan. who is hot-tempered and
given to foul language under excitement.
hasbeen goaded beyond his feeble powers
of endurance by Gen Miles contenp-u-
Gus attitude. and that the explosion the
other day would never have occurred II the /
General had answered Eag-
ans inquiry as 10 the authencity Of the /
published reports OF his testimony. AZ
Eagan viii probably put IN a plea OF ex- /
,enuating circumstances. {. IS thought that 4
il would be only fair 90 have the whole 4
iudiciauy shifted.
That some Of the meat furnished the sol !
diers was bad, there seems % be abuud- +
ant proof. Gen Esgan 70 the contrary no;- 1
out whether Z was as bad f
as represented IN the newspaper reports q 4
Gen Niles testimony or FOR tas reason T
suggested by Cen 1lles, there is room f9r .
50uDt- L would not be surprising. there