The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-18
EAGAN MUST FACE A COURT.
PRESIDENT SAYS HE MUST ANSWER
FOR ABUSE OF MILES.

mnrtiaI-MHy Appoint Some of His
Junior Oniccrs--Court Not Yet
Nnmcd-Miles Says It Is Not Time
for Him to Act-EaERn sends in
His Amended Testimony.
Washington, Jan. 17.-The President to-
day announced to the cabinet shortly af-
ter At assembled for It's regular Tuesday
session that he had decided to order a
court martial to try Commissary General
Eagan for the abusive and violent Lam
guage he had used respecting Maj. Gen.
Miles while on the witness stand before
the war investigating commission last
Thursday.
Ever since the sensational event the Pres
ident has been carefully celebrating over
the matter and has had frequent consul
tations with army officers and others re-
gardlng the steps that should be taken;
for he was convinced at che outset that
the question for consideration was what
action should be taken, and not whether
any disciplinary measures at all should be
had.
determination to take some action was
vigorously expressed at the last cabinet
decision. To-day just before the cabinet
session he held a conference with the
Secretary of War and Adjt. Gen Corbin.
It was not long in duration but che action
to follow Gen. Eagan's utterances was de-
cided upon, and when the cabinet met the
President announced that he had reached
his decision in the matter.
Only One Course.
He said he had determined that there
was only one course to adopt, and that
was to order a court-martial to be conven-
ed at once to try Gen. Eagan. The decis-
ion, which was reached only this morn
ing, Notwithstanding reports that court
martial had been decided on yesterday,
! met the unanimous approval of the mem
bers of the cabinet.
Three of the Presidents official advisers,
| Secretary Alger, Secretary Wilson and
Postmaster General Charles Emory Smith,
were absent but in each instance their
views are known TO coincide thoroughly
with the Presidents decision.
The details of the action were left to the
Secretary of War, who had withdrawn
! just prior to the session to return to the
War Department to put in motion the ma
| chinery Tor the convenlng OF the court
| While il was not definitely stated after
| the cabinet meeting what specifications
would be made against Gen. Eagan, It Is
understood that the specific charge on
| which he Will be tried viii be conduct un-
becoming an officer and a gentleman.
Merritt May Preside.
The personnel OF the court was not tak-
en- UP, that phase of the action being held
to be not a cabinet matter, but one that
rested between the President and the Sec
retary of War. Gen. Wesley r. Merritt.
former commander-in-chief OF the Philip
pines, has been mentioned as likely to pre-
side over the court, and a cabinet official
said to-day he would not be surprised at
Gen Merritts designation.
Contrary to general expectations, no an
| nouncement of the personnel of the court
was made at the war department., up to
the close of business this afternoon Adit
Gen Corbin, at the last moment I'm reply
to question, said that he had nothing
whatever to make public touching the Ea-
gan case.
Secretary Alger was absent from the war
department all of the afternoon, and lust
before the closing hour telephoned that
he would not return to his office during
the day. He spent the morning at the
White HOUSE, and, leaving there Just be-
fore the cabinet convened, went TO his
house with Adjt. Gen. Corbin and remain
ed there 1t was supposed that he was
perhaps arranging some of the details Of
the court, but this was only guess The
secretary is going to New York at mid
night, so that unless he acts upon this
matter before his departure there may be
delay until his return
Rumors of DIssension.
The fact that Secretary Alger was not
present at the cabinet meeting was seized
at once as a sign of trouble in the cabinet.
and soon the usual rumor of dissensions
and an intention on the part of the seere-
tary to resign was ahoat There was no
foundation in fact for those rumors, and
Secretary Alger's colleagues promptly and
emphatically denied them as soon as their
attention was drawn to them.
In the absence Of the announcement OF
the detail for the court-martial there was
a good deal Of speculation as to it's compo-
sition. General practice Is for a major
ity OF the court to consist of the peers or
superiors ia rank of the defendant This
would make the task of selecting a court
hard one, because 1t Is not easy to find
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:
May lie Some Junior Oficers.
mo officer SHALL when It can be avoid
ed, be tried by officers inferior in rank"
IT will be noticed that the phrase 'if II
can be avoided" leaves opportunity for
the appointment oL JUNIOR OIHcefS. The
mention of Gen. Merritts name as presi-
dent Of the court was due 10 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 of whom is regarded as available.
The friends Of Gen. Merritt are hoping
that he viii not be selected, fearing that
he will be accused Of prejudice by one or
perhaps both sides.
The penalty for the offense on which
Gen. Eagan probably will be tried-con-
duct unbecoming an officer and a gentle
man--is one Of the most severe known in
the army, being dismissal. Article 81
reads as follows:
Sentence Would he Severe.
"Any officer who is convicted of con-
duct unbeconng an officer and a gentle
man shall be dismissed from the service" "
II tho court shall find Gen Pagan
..t.,.,..n