The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-10
WAR INVESTIGATION CLOSED
COMMISSION DISSOLVED AFTER RE-
PORTING TO THE PRESIDENT.
Statement from One of the Members,
pIied-MiIes's Conduct Criticised.

WASHINGTON, Feb. 9.-The President
has appointed a court of inquiry to examine
into the charges touching the meat fur
nished the American army during the war
with Spain and other matter involved in the
charges made by General Miles against the
administration of war. The order for the
court of inquiry, which was issued from the
War Department, under date of to-day fol-
lows:
I'm accordance with instructions of the
president OF Feb: 3, court OF inquiry TO
| consist Of the following named officers, is
hereby appointed to meet in this city Feb.
15.
Major General James F. Wade, United
States Volunteers.
'Brigadier General George 3. Davis,
| United States Volunteers.
Colonel George l. Gillespie, Corps of
Engineers, United States army.
Lieutenant Colonel George 3. Davis. dep
uty judge advocate, United States army,
corder
| gate certain allegations of the major general
| commanding the army in respect to the un-
fitness for issue of certain articles of food
| furnished by the subsistence department, to
| the troops in the field during the recent op
! erations in Cuba and Porto Rico. In adj
| dition to its findings of fact, the court will
! submit an opinion upon the merits OF the
| case, together with such recommendations
| as to further proceedings as may seem to
| be warranted by the facts developed in the
| course of the inquiry.
1.-The officers named will repair to this city
| for the purpose herein indicated, and, upon
the adjournment of the court will return
to their proper stations The travel en-
joined Is necessary E for the pqbc Sc service
| by order of the Secretary OF War:
III. C. CORBIN, Adjutant General"
Soon after receiving the order from the
President as to the convening of the court,
Adjutant General Corbin took immediate
| steps for its execution notifying each of the
members of the court by telegraph of their
appointment and instructing them to be in
Washington on or before the date fixed for
| the meeting Of the court, namely, the 10Th
| inst.
| WHO THE MEMBERS ARE.
General Wade, who is president of the
| court, was a member of the court-martial
! which tried Commissary General Egan, was
| president of the Cuban evacuation commits
| sion and is at present commander of the
! Department of Dakota. General Davis is
lieutenant colonel of the Ninth regular in
fantry and, as brigadier general of volun-
| teers, is now in command of the military
! department Of Pinar del Rio. Cuba. Colonel
! Gillespie is one of the most distinguished
officers of the Engineer Corps and for some
time has been in charge Of important river
and harbor works in the vicinity of New
York. Colonel George B. Davis, recorder of
the court. served as judge advocate of the
Egan court-martial apd is professor of law
at West Point.
The court of inquiry, it is said by persons
versed in military jurisprudence, will be
unique in that it will be directed in its in
vestigatons against state of affairs and
not against person, for, although General
Miles is named as the author of certain allie
cations in the formal order, 1t is these al
legations and not General Miles that is the
subject of inquiry. The only regulation in
the army manual bearing on courts of in
quiry provides that they may be appointed
to inquire into any allegations against or
the conduct of an officer or an enlisted man,
but nothing is said about the inquiry into
a state of things. 1t is to be presumed of
course. that the President has thoroughly
satisfied himself as to the legality Of the
order before issuing it.
The court has no power to compel the tes-
timony of civilian witnesses and in ordi-
nary cases would be limited in it's report
to "a mere statement OF facts developed,
though the regulations permit the conven-
ing authority to add to the instruction di-
rection to express an opinion the merits
of the case and to fix responsibility. This
privilege has been availed Of it appears, in
the present instance. Therefore the court
"
charges are not sufficiently established, may
express an opinion as to what course should
be pursued towards him; in other words it
may recommend his trial by court-martial
for making baseless charges.
MAY TAKE MUCH TIME.
Inasmuch as the court of inquiry will
have to take up the whole subject of the
meats furnished to the army and ascertain
the exact state of this meat as it left the
packers hands, as well as look into the pre-
liminary operations of slaughtering, packing
and canning and refrigerating, a good deal
of time probably will be consumed in the
inquiry. 1t may be necessary also to call
personally before the court all of the officers
cited in criticism of the meat by General
Miles, numbering between sixty and sc, enty
in which case a good deal of expense viii
be incurred and still more time consumed.
The administration takes the position that
these charges against the character of the
meat supply shall be thoroughly sifted, and
if wrong has been done that it shall be cor
rected.
1t is not regarded as any reflection upon
the commission to investigate the conduct
of the war that another tribunal is now to
undertake the investigation of a subject that
was inquired into by that commission. The
fact is that the commission had no legal
power in its proceedings and its findings
have no legal weight. II was intended to
satisfy the President himself and the Amer
lean public concerning the conduct of the
War Department and the quality of the
food supply was only an incidental branch
of the investigation. On the other hand,
the court of inquiry has as much power
legally to get at the exact truth as can be
conferred by the executive, and can initiate