New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-24
TO RESTRAIN THE GOVERNOR.
MAJOR SMITH WANTS JUSTICE BEACHs
ORDER MADE PERMANENT.

The motion to make permanent the writ obtained
from Justice Beekman last week by Major Clinton
II. Smith OF the list Regiment to prohibit the Elk
aiming Board appointed by Governor Roosevelt to
examine into the moral character capacity and
general fitness of Major Smith to be an officer in
the National Guard from making the investigation
on the grounds that the investigation Will be an
act OF oppression. was argued yesterday before
Justice Beekman in the Supreme Court Colonel
Alexander S. Bacon appeared for Major Smith. and
John II Coyne. Deputy Attorney-General for Gov
ernor Roosevelt and the Board Of Examination
In Major Smiths motion 1t is argued that the
only allegation against him Is neglect OF duty on
the day of the battle OF Santiago while he was In
command Of a volunteer regiment In the United
States Army 1t is contended that the alleged
neglect was committed in foreign country. out
side the bounds Of New-York State. in a military
organization not under the control Of the National
Guard OF New-York and that therefore the Ma
tiona, Guard has no authority to inquire into the
matter.
The paper further states that the recent report
Of the Board OF Inquiry upon which the proposed
investigation was ordered the result Of
secret inquiry by a commission whose members
were selected to find against Smith In order to
advise the Governors conscience" and that the
whole proceeding oppressive.
In Governor Roosevelts answer he tells the his
ctory OF the inquiry, saying that IT asked for
by Smith and Whittle because of statements Sc
verey rejecting upon them made by other members
OF the regiment and that all the proceedings have
been regular and in accordance with the Military
Code The Governor expressly denied the slightest
desire to Cypress Major Smith or 10 do him any
thing but exact Justice"
Arguments made by Colonel Bacon and Dep
uty Attorney General Coyne at the hearing yester-
day. Major Smiths counsel rather bitter in
some parts.
1--WE know" he said what the Governor wants
by what he says in this order, which is a public
document. He approves the finding Of the Court
Of Inquiry and declares Major Smith should be
punished. In addition he adds things he has heard
in Cuba. This bitter statement by the Governor
has disqualified every military officer in the State
from sitting In unprejudiced spirit on the case
The counsel has rebuked my client for casting an
aspersion on the Governor Let me say right here
that Major Smith will go to the Supreme Court OF
the United States before he will allow prejudced
secret Dreyfus tribunal appointed at Albany TO de-
nrive him of that which is dear as life TO man.
'SDeak about preserving the order and discipline
Of the Guard Order and discipline are TO be pre-
served by manly, open proceedings when an oilcer
record IS assailed We willing To nave the pro-
ccodings of the Court Of Inquiry made public was
not permitted TO have member Of the regiment
with me to testify whether witnesses who testihed
for the Board drunk or sober on the day OF the
battle order and discipline! Why. everybody
knows that 1t Albany that almost demoralized
our State forces during the war
Justice Beekman raised his hand In depreciation.
and Colonel Bacon stopped short We'll, these are
are things thai had better left unsad. Everybody
~ didn't know IT," said the Justice.
"All military did" replied Colonel Bacon
Jnstice Reekman reserved decision and directed
the lawyers to submit papers on Friday