Evening star., 1899-02-09

l StAN tiile a GpuiA VI iA-luAAs ~ AAAN tSttkatI
| the beef scandal:
| WAR DEPARTMENT.
"Adiutant Generals Office,
"WASHINGToN, February 9, 1899.
| Special Orders No.
Par. -. THE following order ia published
| for the Information and guidance OF ell
| concerned:
| WAR DEPARTMENT.
WASHINGTON. February o. 1923.
Tn accordance with the Instructions OF
| the President of February 3, 1929. a court
! of inquiry, TO consist Of the following
named officers, is hereby appointed, to meet
| in this city on February H. 1899:
Detail FOR the court: Mai. Gen. James +.
Wade, U. S. Volunteers; Brig Gen. George
b. Davis. u. S. Volunteers; Col. George L.
| Gillespie. Corps of Engineers, L. S. Army;
! Lieut.. Col. George h. Davis, deputy Judge
advocate general, L. s. Army. recorder.
The court hereby directed 10 iuvesti-
! gate certain allegations OF the major gem
| eral commanding the army In respect TO
| the unf1tness for Issue of certain articles Of
| food furnished by the subsistence depart
| ment TO the troops in the field during the
recent operations in Cuba and Porto Rico.
! In addition TO its findings of fact. the court
| will submit opinion upon the merits Of
/ the case, together with such recomn.cnda-
| tions as TO further proceedings as may
| seem TO b. warranted by the facts de
| veloped in the course OF the inquiry.
| THE officers named viii repair L. this
| city for the purpose herein Indicated, and,
| upon the adjournment of the court viii
| return to their proper stations. The travel
| enjoined is necessary for the public service.
'lt. A ALAiER, Secretary OF War
by order Of the Secretary of War.
H. c. CORBIN, AdjuiaEt General"
| General Miles had nothing to say respect
| ing the appointment Of the court. He has
been accommodating a large amount OF evil
| dence along the lines of the inquiry but he
| has not chosen any counsel, ana a large
part OF his evidence has already been trans
mitted to the war investigating coruIn!s-
sion.
| Soon after receiving word from the Pres
| ident as TO the copveuing OF this court Ad-
| jutant General Corbn took immediate steps
| Tor its execution, notifying each Of the
members Of the court by telegraph vi their
| appointment and instructing them to bt in
| Washington on or before the date fixed for
| the meeting of the court, namely the 18Th
instant
| The Members Of the Court.
| General Wade, who is president of the
| court, was a member of the court-martial
which tried Commissary General Eagan.
| He was president Of the Cuban evacuation
| commission. A few days ago he was re-
| lived from special duty in this city and or
| dered to ST, Paul, Mimi, TO take command
| of the Department of Dakota He is esther
/ in that city at present or on his way there
General Davis, the second membeT OF the
| court, is lieutenant colonel of the 9h Res71-
| lar Infantry. He was appointed a brigadier
| general OF volunteers soon after the out
IL
| command of the military department of
Pinar del Rio Cuba
Colonel Gillespie is one or the most dis
| tinguished officers of the Engineer Corps.
For some time he has been in charge OF i'm
portant river and harbor works in the
vicinity of New York city.
Colonel George Is. Davis the recorder Of
the court, is professor of law at The Mill
tary Academy and is regarded a. one of
the abest men in the judge advocate gem
erals department He was judge advocate
of the Eagan court-mar al and his selec-
ton for service on the present court os in
Quiry is evidence of the entire satisfaction
of the President with his management of
that case.
Inquiry Not Against a Person
This court OF inquiry il is said by per
sons versed in military Jurisprudence, will
been directed in its investigation against :.
state of affairs and not against person:
for although Gen. Miles is named as the
author of certain allegations In the formal
order, it is these allegations and not Gen.
Miles that is the subject OF inquiry The
only regulation In the army manual bearing
or courts of inquiry provides that they may
be appointed to inquire into any allecations
against or the conduct OF an officer or an
enlisted man, but nothing is said about an
inquiry into a state of things Neverthe-
less, 1t is of course to be assumed that The
President has thoroughly satisfied himself
to the legality Of this order before is-
suine IT,
1t is recalled that MAJ. George B. Davis,
who was the judge advocate of the Eaean
court-martiai. was detained in Washington
for some days after he had concluded his
work in that connection, and II is believed
that he was consulted in respect to the
course TO be followed in this new proceed-
ing.
The Power of the Court.
Like a court martial. a court Of inquiry
has no power to compel the testimony Of
civilian witnesses. and this is a fact that
# is well to bear in mind. In ordinary
cases it is limited in its report to a mere
statement of facts developed, but the regu-
lations permit the convening authority to
add to the instruction a direction 20 ex-
press an opinion on the merits Of the case
and to fix responsibility. This privilege
has been availed Of it appears. in the pres
ent instance therefore the court of In
quiry, should it find that Cen Miles
charges are not sufficiently established,
may express an opinion as TO what course
should be pursued toward him. in other
words, it may recommend his trial by
court-rnartial for making baseless charges.
Mag Consume Considerable Pime.
Inasmuch 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 IL left
the packers hands we'll as look into the
preliminary operations of slaughterlng,
packing, canning and refrigerating. it may
reasonably be expected that good deal Of
time will be consumed In the inquiry. IL
may also be necessary to call personally
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