Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-14
MATTER WAS CONSIDERED BY THE
CABINET YESTERDAY.
1t Is Not Yet Apparent What Action,
If Any, VIII Be Taken In
Regard to the Natter
May Be a Court of
Inquiry.

| 10 revise Its language.
Further than this, the commission deter
| mined it could not and should not proceed.
The commission regrets that General
| Eagan proceeded as far as he did. and 1t
| is explained to-day that the Tituperative
| nature of the testimony was complete
| surprise to the commission, and that, put
| for the rapidity with which General Eagan
read his long statement and the absorbing
| vehemence of its delivery, he would nave
| been checked at the time. One member OF
the commission said to-day that he was
| about to move that the witness be called
| to order, but decided not to, believing.
| from the heated way in which Eagah
! spoke, such peremptory action might pre-
cipitate some controversy.
| The matter was taken up in executive
session by the commission yesterday 1mme-
| diatey General Eagan had closed, and ex-
| Governor Woodbury., Of Vermont, intro
| duced motion substantially like that mace
| public to-day, and the rejection OF the tes-
| timony as it stands was unanimously voted
| at the executive session preceding to-day
| public session. At this time there was con-
| siderable discussion on the point OF the
use of such language as that taken adVan-
| tage of by the witness, but the general
| opinion was expressed that the course TAX
en- in not interfering with the testimony
during its delivery and then carefully con-
At the time of the creation OF the COM
! mission the president instructing the COM
mission, verbally assured the members that
all witnesses should be immune from pun
ishment for what they might say before
that body, but members of the commission
say it never was intended to indulge IN
such language as that given utterance yes
terday. What further steps may be taken
| in the matter, save as to the acceptance
or rejection of a revised statement, II one
| is submitted, lies without the scope OF the
| commission. If the statement is returned
| with the vltuperative and Objectionable
language entirely stricken out, and with
only temperate and conservative Language
used, the commission will accept 1t and
consider it as any other testimony.
| While the action taken to-day was unan1-
nous. there was three absent members
President Dodge Colonel Sexton and ex-
Governor Beaver-two being i'll with the
grip and the other, Governor Beaver, haV-
ing business in Pennsylvania OBTAINING him.
Colonel DENLY, the ex-minister to emma,
presided and in the executive session TO-
day expressed himself very vigorously, dis-
patching Major Mills, the official recorder,
over to Commissary General Eagan with
the rejected testimony, Immediately after
he had signed the accompanying letter.
This was signed during General WOODS
testimony, and was made public immedi-
ately after the papers papers had oeeh piaceo III
Following is the commissien's letter; ar,,r,,,
"Brigadier General {: +. Eagan. commis-
I'VE respectfully inform you that, a1ter
your testimony was read yesterday, the
following resolution was unanimously
Moved, that the commission receive
General Eagans testimony without com.
i ment that It be not printed at once, but
held for the consideration Of the commits
SION Carried.
volved, we have determined that In many
| instances the vtuperative language used
by you was not such as ought to have oeen
addressed witness to this board. we
think that the personal attacks and irrele-
want statements contained in the papers
fore receiving it as testimony, we request
that you will revise its language, ana; II
you choose, resubmit it for our consider
Very ScHAssEs EfAPsssf1EissiiBE,E B,ENBY. Vice President"
The letter returning gdens Generl nostssa1y Ehgan
whether or not the commission would re-
ceive it as evidence even though the OBJ
General Eagan himself given any sign Of
any intention on his part to avail himself sn1nai
ct the offer made by ynhate 1hg e1aff That s he woud
expunge the Objectionable language, but
he would say nothing for himself, and any
intimation on that score must De optalhed
from the board itself.
The war department officials are not yet
clear as to what would be the erect OF
iee, One element holds that officially the rec
language had been used. there would be no
legal offense. Another takes the view that.
while the q he oense It
would not wipe it out, ANOTHER aspect or
the case is the bringing forward Of the
In the name Of the president all witnesses
before the board from what they might say,
but again the officials w We're divide'l; ana m
: cabinet as to whether the exemption could
be claimed in this particular ie,l case: .,,,,
, waiting for the war department to act,
taking the, position that IT is incumbent M ,eat
the army from such attacks.
garded q as asa authorities tn M SIN in military law that
n Pahss S Egan s
that will admit the calling of court of in
qulry; This is snt, entirely k oa apart from the
| tal.
} In the latter case, under the strict rules
, of military law. the court would be obliged
to take under consideration certain specific
. charges, such as an attack upon a brother
officer. and would not be permitted to go
of inquiring into the truthfulness of the
, charges made i'll the attack. The court
of nauhy d Of acon ti nae aed mes
!, without being bound closely. inquire into
I | all the facts not even contining its inquiry
: | to the officer alleged to be the offender,
but, perhaps. as has been known in the
past, to return a finding that involved the
court-martial of more than one officer. In
other words, court Of inquiry in case
like this. if it found reason therefor. could
| indict for trial before court-martial both
of the parties to the controversy.
However, as already stated, the best
opinion is that at the present phase a
been known for a month past that bad
feeling existed between the commanding
J general and the commissary general Of the
. | army, yet such has been the effect through
military discipline that, before yesterday.
b this had not been manifested openly. 1t
S is true that the two men have not come
: into close contact recently and their re-
s change OF official communications there
e was no occasion for the development of
Il personal friction, but. in view of General
Eagan's known bitter feeling, it is now
learned that 1t was with some anxiety
that the friends of the two officers saw
them meet last week, the occasion being
L a periodical session of the managers OF
u officio president of this board, and Com
!, missary General Eagan is a member OF
q the board.
The two officers met, sat at the same
table and transacted business without the
slightest signs of ill-feeling and without
Is showing a trace Of animosfty for what had
e gone before. 1t is matter of speculation
y however. whether. falling proceedings be.
II fore a court-martial or some other judicia
a method of disposfng. of the issue between
the two men, the relations between them