The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-18

Washington, Jan. lI.-Ihe PRESIDENT
today announced to the Cabinet shortly
after it assembled for its regular Tues
dav session that he had decided to order
q court martial to try Commissary Gen
eral Eagan for the abusive and violent
language he had used respecting Major
General Miles, while on the witness
stand before the investigating commits
sion last Thursday. Ever since the sem
sational event the President has been
carefully celebrating over the matter,
and has had frequent consultations with
army officers and others regarding the
steps that should be taken, for he was
convinced at the outset that the queS-
ton for consideration was what action
should be taken and not whether any
disciplinary measures at all should be
had. A determination to take some ac-
ton was vigorously expressed at the last
Cabinet meeting, but the President re-
served final decision. Today just before
the Cabinet session he held conference
with the Secretary of War and Adjutant
General Corbin. 1t was long in dura-
ton. but the action to follow General
Eagan's utterances was decided, and
when the Cabinet met, the President
announced that he had reached his decis-
ion in the matter. He said he had de-
termined that there was only one course
to adopt, and that was to order court
martial to be convened at once to try
General Eagan. The decision which was
reached only this morning notwithstand-
ing reports that a court martial had
bee-, decided on yesterday, met the unani-
nous approval of the members of the
Cabinet. Three of the Presidents Off
cia advisers, Secretary Alger. Secretary
Wilson and Postmaster General Emory
Smith We're absent, but in each instance
their views are known to coincide with
the Presidents decision.
The details of the action We're left to
the Secretary of War. who had with
drawn just prior to the session to return
to the War Department to put in mo-
ton the machinery for the convening of
the court. While it was not definitely
stated after the Cabinet meeting what
specifications would be made against Gen
eral Eagan it is understood that the
specific charge on which he will be tried
will be conduct unbecoming an officer
and a gentleman. The personnel of the
court was not taken up that phase of the
action being held to be not q Cabinet
matter, but one that rested between the
president and the Secretary of War.
General Wesley r. Merritt. former COM
mander in chief of the Philippines, has
been mentioned as likely to preside over
the court, and Cabinet Official said to-
day he would not pe surprised at Cen
eral Merritt's designation. Contrary to
general expectation no announcement of
the personnel of the court was made
at the War Department up to the close
of business this afternoon Adiutant
General Corbin, at the last moment. in
reply to a question. said that he had
nothing whatever to make public touch
ing the Eagan case.
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 practice is for a
majority of the court to consist of the
peers or superiors in rank of the de-
fendant. This would make the task of
selecting a court a 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 latitude is permitted the appointing
authority in such selections, as the ninth
article of war reads:
mo officer shall, when it can be avoid
ed, be tried by officers inferior in
rank"
1t will be noticed that the phrase IF
it can be avoided" leaves opportunity for
the appointment of junior officers. The
mention of General Merritt's name as
President of the court was due to the
~ hn hn nrIx t1ahl 10. Tn m
General of the regular army, the others
being General Brooke in Cuba and Cen
eral Miles here, neither regarded as
available. The friends Of General Mer-
ritt are hoping that he will not be select
ed. fearing that he will be accused of
prejudice by one or perhaps by both
sides The penalty Of the offence on
which General Eagan probably will be
tried-cOnduct unbecoming an officer and
a gentleman-is one of the most severe
known in the army, being dismissal. Ar
ticle 61 reads as follows:
ANY officer who is convicted of con
duct unbecoming an officer and gentle
man shall be dismissed from the SER
vice"
If the court shall find General Eagan
guilty, even with extenuating crcum-
stances, they must attach this sentence,
and then the only hope for the officer
would be IN the exercise of clemency
by the President based perhaps upon
the courts recommendation.
Just prior to the Cabinet meeting Gen.
eral Miles made rather unusual call
upon two of the members of the Cabinet.
Secretaries Hay and Long. He had