The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1899-01-20
EAGAN TO BE TRIED
The President Reaches a Decision
in COmmissary Generals Case.
A COURT-MARTIAL TO BE ORDERED.
Speculation IS to the Competition % the
COurt-Gsn- Merritt Mentioned IS the
PresIdent-The Charge Against
Gen. Eagans

Washington, Jan. IS-The president
Yesterday announced at the cabinet
meeting shortly after it assembled for
its regular session that he had decided
to order a eOurt-martial to try Com
missary General Eagau for the abusive
and violent language ne had used re-
specting Maj Gen. Nelson A Miles
while on the witness stand before the
war investigating commission last
Thursday.
Ever since the sensational event the
president has been carefully deliber-
ating over the matter and has had fire.
ouent consultations with army officers
and others regarding the steps that
should be taken, for he was convinced
from the outset that the question for
consideration was what action should
be taken and not whether any dis
ciplinary measures at all should be
had. Yesterday, just before the caol-
net session, he held a conference with
the secretary Of war and Adjt Gen
Corbin. It was not long in duration,
but the action to follow Gen Eagan's
utterances was decided and when the
cabinet met the president announced
that he had reached his decision IN the
matter He said he had determined
that there was only one course to
adopt and that was to order court
martial to be convened at once 70 try
! Gen. Eagan. The decision, which was
reached only yesterday morning, met
the unanimous approval Of the mem
bers of the cabinet
Contrary to the general expectation
no announcement Of the personnel Of
/ the Eagan eOurt-martial was made at
/ the war department up to the close of
/ business yesterday afternoon. AdJt-
/ Gen. Corbin, at the last moment, in
/ reply to a question, said that he had
/ nothing whatever to make public
/ touching the Eagan case. Secretary
/ AlVer was absent from the war depart
/ ment all Of the afternoon and just be-
fore the close telephOned that he
I would not return to his Office during
the day
] In the absence Of the announcement
| Of the detail for the court-martial
there was a good deal Of speculation
as to its composition. General prac-
tice is for a majority Of the court to
| consist Of the peers or suPeriOrs IN
rank Of the defendant This would
make the task Of selecting a court .
hard one, because it is not easy to find
a sufficient number of general officers
ranking with a brigadier general to
make up a desirable quota But Iati-
tude is permitted the appointing au-
thority IN such selections as the ninth
article Of war reads: No officer shall,
when il can be avoided, be tried by
officers inferior In rank" It will
be noticed that the phrase, eff it can
be avoided, leaves opportunity for the
| appointment Of junior officers.
The mention of Gen. Merritts name
as president of the court was due to
the fact that he is the only available
major general of the regular army,
the others being Gen. Brooke in Cuba
and Gen. Miles here, neither regarded
! as available The friends Of Gen.
| Merritt are hoping that he viii not be
selected, fearing that he will be &C
cused OF prejudice by one or perhaps
both sides. The penalty for the offense
with which Gen. Eagan probably VIII
| be tried, conduct unbecOming an on
Ger and a gentleman, is one Of the
most severe known in the army, being
dismissal Article 81 reads as follows:
'sAnv officer who is convicted Of con-
duct unbecOming an officer and gen.
tleman shall be dismissed from the
service If the court shall find Gen.
/ Eapan guilty, even with extenuating
circumstances, they must attach this
sentence and the only hope for the
officer would be In the exercise OF
clemency by the president, based per
haps, upon the courts recommends
ton