The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-10
WILL BE A UNIQUE COURT
INVESTIGATING A STATE OF
AFFAIRS.
GENERAL MILES NOT THE SUBJECT
It is Directed 10 Submit an Opinion on the Facts
il May find Together With Fecom
mendatonS as 10 Furih- n


washington, Feb. 9.-Ihe President
has appointed court of inquiry to ex-
anime into the charges touching the meat
furnished the American army during the
war with Spain and other matters invoIv-
ed in the charges made by General Miles
against the administration of war affairs.
The court will consist of Major Cen
eral James f. Wade, U. s. ", Brigadier
General George b. Davis, T. S. ", Col
onel George l.. Gillespie, Corps of En-
gineers, IT, S. A.; Lieutenant Colonel
George h. Davis, Deputy Judge Adyo-
vace General. The order for the court
of inquiry, which was issued by the Sec
retary of War, says:
The court is hereby directed to inves-
tigate certain allegations of the Major
General commanding the army in re-
Spect to the unfitness for issue of GER
tain articles of food furnished by the Sub
sistence Department to the troops in the
field during the recent operations in Cuba
and Porto Rico. In addition TO its find
ings of fact, the court will submit an
opinion upon the merits of the case. to-
gether with such recommendations as to
further proceedings as may seem to be
warranted by the facts developed in the
course of the inquiry"
The court win convene in this city on
the 18th instant.
General Miles, when seen, had moth
ing to say respecting the appointment of
the court. lie has been accumulating Il
large amount of evidence along the lines
of the inquiry, but he has not chos-
EN- any counsel, and large part of his
evidence has been already transmitted
to the War Investigating Commission.
This court of inquiry, it is said by
persons versed in military Jurisprudence
will he unique in that it will be direct
ed in its investigations against a state
of affairs and net against a person, for
although General Miles is named as the
author of certain allegations In the for
NAL order. it is these allegations and not
General Miles that is the subject of in
qIliry The only regulation in the army
manual bearing on courts of inquiry pro-
vides that they may be appointed TO
inquire into any allegation against, or
the conduct of an officer or an enlisted
man, but nothing is said about an in
quiry into state of things. 1t is to be
assumed, of course, that the President
has thoroughly satisfied himself as to the
LEGALITY OF this order before issuing it.
The court has no power to compel tes-
timony of civilian witnesses.
The court, should it find that General
Miles charges are not sufficiently estab-
Iished, may express an opinion as to what
course should be pursued toward him.
Inasmuch as the court of inquiry will
have to take up the whole subject of the
meats furnished to the army and ascer-
tain the exact state Of this meat as 1t
left the packers hands as well, as look
into the preliminary operations of
slaughtering, packing and canning and
refrigerating, n good deal of time proba-
bly, will be consumed in the inquiry. 1t
may be necessary also to call personally
before the court all Of the officers cited
in criticism of the meat by General
Miles, numbering between sixty and
seventy, in which ease good deal of
expense will be incurred and still more
time consumed. The Administration takes
the position that these charges against
the character of the meat supply shall
be thoroughly Sifted, and if wrong has
been done that it shall be corrected.