Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-02-10

Inquiry. 10 consist OF the following nane.,
officers. Is hereby appointed TO meet -
this city on Feb. 15 1899: Major Genersi
James Il. Wade. u. =. volunteers: Brie
Col George L. Gillespie, corps OF en-
! neers, u. g. A..: Lieut. Col. Ceorrs =
Davis. deputy Judge advocate general. /;
b. A., recorder. ~
tisate certain allegations Of the rnaior
general commanding the army, II, resncc,
| 10 the unfitness for issue of articles NJ
food furnished by the subsistence depart.
| fnent to the troops In the field during the
recent operations In Cuba and PORT.
Rico. In addition to It's findings Of rae,
the court will submit an opinion upon
the merits OF the case together with s,,ch
recommendations as 10 further proceed
ings as may seem to be warranted by The
facts developed in the course of The in.
quiry.
The officers named will repair to this
city for the purpose herein indicated. and
upon the adjournment of the court VIII
return to their proper stations IN.
travel enjoined is necessary for the pub-
lice service. X. A. ,ALGER,
Secretary of War
BY order Of the secretary Of war
II. e. CORBIN. Adjutant General.
Gen. Miles, when seen. had nothing 10
say respecting the appointment OF the
court. He has been accommodating "A large
amount of evidence along the lines on
inquiry. but he has not chosen any cou1-
sci and large amount Of his evidence
has already been transmitted TO the war
investigating commission.
Soon after receiving the order from the
President as to the converting of The
court, Adjutant General Corbin notified
the members OF the court by telegraph of
their appointment and instructed them
to be In Washington on or before the
date fixed for the meeting of the court.
namely, the 18th inst.
This court OF inquiry, IL is said by per-
sons versed in military Jurisprudence.
will be unique I'm that IL will be directed
In its investigation against a state OF af-
fairs and not against a person. for al
though Gen. Miles is named as the au-
thor OF certain allegations in the formal
order. il is these allegations and not Gen.
Miles that are the subject Of inquiry. The
only regulation in the army manual bear
ing on courts of inquiry provides that
they may be appointed to inquire into
any allegation against. or the conduct If
an officer or an enlisted man, but noth-
ing Is said about an inquiry into state
Of things.
President has thoroughly satisfied him.
self as to the legality OF this order before
issuing it. The court has no power to
compel the testimony Of civilian witt
nesses and in ordinary cases would be
limited in its report to mere statement
of facts developed. though the regula-
tons permit the converting authority to
add to the instruction direction to ex-
press an opinion on the merits of the
case and to fix responsibility.
This privilege has been availed of. it
appears. In the present instance. There
fore the court of inquiry, should it find
that Gen. Miles charges are not SUM
ciently established. may establish an OPP
position as to what course should be pur.
sued toward him. In other words, II may
recommend his trial by court martial, for
ma...ng baseless charges.
The administration takes the position
that these charges against l.,e character
of the meat supply shall be thoroughly
sifted and II wrong has been done them
it shall be discovered. The court of in
curry has as much power legally, to get
at the exact truth, as can be conferred
by the Executive and can initiate pro-
ceedings which will lead to the punish
ment of any persons guilty of wrong
doing in connection with the subject
which it is charged to investigate.