New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-29
SMITH AND DREYFUS ALlhh'
r, srvrvTy.FIRsTs COLONEL COM
PARED TO THE FRENCHMAN'
-->,,, ,,,,rAx ASKED TO RELIEVE HIM or
SUSPENSION BEFORE THE PARADE
pvt DESERVES DECISION.
But RESERVES DtCI"I0''

.,..,oe- Bacon. counsel for Major
go. II smith of the list Regiment coN'Pa-
80, ,,ont to Dreyfus in his argument u ,
,,ce Truax in the Supreme court 49,. - 90 cou,-
-. ~ motion for a writ OF manuai'i"' 80. -,
-, ,,,o- General Roe to relieve MAJOR 0.'''i
lei H'Io' 40 commanding officer OF the Se'-
"'s 80 r,r,-,er. and 70 permit him 10 leau '"o
reeiment at the Dewey parade 49, 90 ,ssue
f'o,ot Racon also asked Justice ifuaN "
ur,, Of certiorari directing Governor Hoo - eve
turn TO court all the papers anu Ie0o'u tive
,,.rt proceedings which led up to MAJOR S,'l''n
u'"' =, order that his decision may pe 10
', .,d set aside. Judge Advocate "e'eia
vruliarn w Ladd, jr, appeared Io' 80, T,oDu+v
C,oyorror Roosevelt was represe"t'" ~ r,or
49, ,,.,r,ev Generals John II. Coyne anu O'"'
ence ". Francis So, .,, duty pending
49,, oo,,on ~ the Board Of Inquiry appoih'eu ~
covernor Roosevelt 10 inquire INTO ins -, on
-, ofecer in the National Guard. Major .atn
,,,,ed 70 the court for writ OF plo'''' r.5 and
~ .,.s Ioard from acting but was dele"'ou,
INK ",.S onnool pendng from Justice seen,
NV s,,sior A week ago Colonel Bacon oO'".n4
man DC directing General Roe ana ,,to
tne ,. 90 show cause yesterday why ''Vl
cr,,th should not be Immediately 'rs'
I'D ranlaced in command of his resli"'"' It,, chat
,l tRacon IN opening his argument s' 80,
Co'oHe' 10y "a s.en seventeen years Of service
l".S- o-a+,oral Guard and had a spotess &c.
.,,, c,,,tb he said was tried before
Cour, Of Inquiry which was more opP' r,re,-
ard him than the court when trleO -, n,+ Major
&c., urevy what he charged VIII ~ rs
49,, ,,s no. and does not know what the 0i'''
s"i'N o'U ~, ora The BOARD Of Examiners appolnt-
"a Nv Governor Roosevelt to pass upo" IA ~
- -. - moro bouncing board TO get l'u -
49,, ,rha Drevfus court may have rec'l'eu
fro-, IT'S superior officers as 10 "'i"' -, tstruc-
So, t,,ie BOARD OF Examiners has recelNeU -, o.
lions what # shall do. 1t is mere "'oN '"'
bouncing board. .. 90, inferior Of
.vetor Smith declined to appoint an 'iiV ,.,,.
a. 90 tor,,or OF the regiments armoIy' D'0"
l,s man was not exalted to this position ne -
IN the newspapers and got arucIeS PuD .t,s
eectine on his superior officers Inc IeS", ,''at
u.ae that a court Of inquiry was apPO'"'''' -
boid that Smith had been guilty OF COVE" r,ts
thoush no charges were made as@''sV " ,,,
s,,.,,r v,as reviewed 10y Colonel Ladd' anu ab""'
-, Governor Roosevelt and then TINS boaiu Va 80
animation was appointed. Major 9''''" -
oven now know Of what he Is acous'". l ~
Roosevelt makes his appointment OF inns Ih,
one quarter Of a page ana 'heN an - 40 with
naaes to tell them what they are ~ ,o
S,at,b This proceeding IS just as II juror WV
commenced 10 serve on case, were 10 DC Wv
.s'fh Go guilty Of stealing. All you have 10 90 .
az Major smith had been arrested IN me for
lar Army he could only be he!l ui..S t,r twenty
49, except on the finding ana seHteVn~I - bit
CONT martial but here he has Deen u.li 80 ,b lav
10, .r.I Roo
Ills relief from outy is punishment Iei'c,n ma
had no more right TO deprive nm Oh I in The
I'm he would have had To PICK his po.het IA .r
stn This officer duly elected to ms 0a
mand and has a. much right l. %, 80. henrh to
ton as Your Honor has 10 81 on INC -, 49, ~,
vbich YOU have been elected. lhtie - ~ 49, 10
tne 81 He nunlsbed by q court martial Genera
nc has acted IN violation OF al law; ana its ~
dicted a punishment not authorized ny S'''"'0 W
otn Wbat 90 you want your mandamus for?' asked
o@ To cdmpei General Roe to restore Major Smith
- his command answered Colonel isacon .os
Colonel Iadd then recited the 9lncIeEo ~, r r
taken bv the Board OF Inquiry ana hy EoNei"o
K0 oT Hoard Of Examination which IS accused by
Colnnel Racon" said he was appointed 10y VIZ
Governor Of men from the eastern anu w. , -
,nrte NJ the state and are men OF honor hhn IN I'M
para ~ The charges made IN the moving papers
here are by way Of innuendo ana are uh"o''"' -
V Colonel Ladd then contnded tha{ Teef from ON
| Gdavit Of Adjutlnt General Phster IN support Oh
t N@J' (rT1 and sword at military functions His
rc ief from duty Is merely the exercise OF dlscIe
/ reculi3r state OF things # officer who ny ms
/ incornpeteucy destroyed his regiment tyuiu 4e'
! the case here ] maintain that this court cannot
interfere with the action OF the governor ln III.
I The National Guard Of this state
When he dsaa heroes of ne i 5 fesRim 5cdr
said dds MAJOR smith. the OLD commander Of 'he
regiment was not aIoWed 10 1 a. w., gbt in m,
,r.,'Chs m San Juan and one Of them had actually
G,e5 uh1e refining on Major Smiths breast II
was lef, for these men who never smeed powder r
/ MAX these charges OF cowardce against him, ant
49, ha,a him SUSPENDED from his command
'o.TTref NV vas iriei on charges and specifications
/ and knew what be was 20 meet. out You dlSi
{ Nee Without telling him what offence he has com
mitted. You cannot formulate charges against mn
mand regiment can be found in this State. an
YOU know &c. He wants 70 mead ms reslncHl at ~
parade IN Admiral Dewey's honor and he has IN
legal right TO DO so" s., ~
Justice Truax asked g. he was expected to decid
the motions AZ once, and said 1t was physicaly i'll
possible ior nn to do so d, few minutes" pu
yes" rctor,ed Justice Truax but YOU hay
ne opportunity 10 make this application since APT
q last but you nave waited until the asst momen
Assistant Attorney General Coyne cQ2ntended tha
q mandamus could not be granted IN ms case as j.
Governor refused to obey the mandate of n
Court and his inprisonmept would ne n V09mP
mont Of the Governor II he acted improperly IN
"An that Governor Roosevelt knows about hi
case" he continued is that Major smith asRe
when n sat and condemned him he acted n
cowardly manner and said he had been compete
10 ask for the inquiry by General Roe. His Boar
a. INQUIRY merely reported that a court martial Ia
no authority to pass on acts OF Major Smith. whic
We're alleged 10 have been committed by him whe
he was in the Regular Army. Governor Rooseve
then appointed an impartial board OF exnmineel
'ion ps Guard II Majo! smith Is Tsht Why has
, not allowed this Board 20 sit instead or trying
irevert II bv his writ 81 prohibition?
This Is a very III advised proceeding 70
. get his gold and glitter on him and parade throus
! the streets at the head Of his regiment and
pointed at as The man who ran away az the bait
y Of San Juan Hill"
/ Colonel Bacon strongly denounced this remark
= | unfair and unwarrantahle Justice TruaX took y
- / papers md reserved decision.
r FTNFRAI OF GENERAL HENRY HETH.
Washington. Sept. 2s-Funeral services over &
o body OF General Henry Heth werc held this NOR
. ing al Epiphany Church. The Episcopal servi
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