Evening star., 1899-02-04

question at issue after al was not one OF
this or that Interview, but whether bad food
was furnished the army.
Commi-sfoners' Report.
II is the expectation OF the President that
the commission to invests gate the conduct
of the war will submit its report to him
next Monday. No one outside the commits
sion Is supposed 10 know what the nature
OF that report viii he, but not the least
doubt Is entertained that it will contain
severe censure upon the major general COM
mandng the United States army on sew
eral counts. These o.. supposed TO relate
not only to the ALLEGED cpncealment of N
formation relative To- the character OF the
food supplies Of tho army, which should
have been reported to the Secretary or
War, but also 20 matters connected with
tho formation OF the first military expedi-
ton which finally ended at Santiago
The method which is most likely to be
adopted. namely. court Of inquiry to pass
upon Gen. Miles conduct, may be supposed
to indicate "A knowledge on the part of the
administration Of v at the report VIII nave
to say ON these subjects, otherwise 1t would
seem to be taking chances to decide upon a
court q this time in advance OF the report
Of the commission.
Calling n Court of Inquiry.
The common impression is that a court
OF inquiry can be ordered only upon the
demand Of the officer whose conduct is to
that is usually the case, it is learned upon
investigation that there Is a reserve power
IN the President to order such a court re-
gardless of the wishes of the officer con-
ccrned. The authority is contained in ar
ticle 10 Of the Articles Of War, which have
the force Of statutes. The article reads as
follows:
a court of inquiry to examine into the
nature of any transaction Of. or accusation
or imputation against, any officer or SOL
der may be ordered by the President or
by any commanding officer; but, as courts
OF inquiry may be perverted to diShOnOrable
purposes. and may be employed in the
hands OF weak and envious cOmmandants,
as engines for the destruction of military
merit, they shall never be ordered by any
commanding officer except upon demand
by the officer OF soldier whose conduct is TO
be inquired into"
II Is asserted in some quarters that the
above quoted regulation does not permit
the President himself to order a court of
Inquiry in the absence of demand by the
officer interested: and Gen. Miles friends
say that he has not made any such demand
nor will he But the legal authorities are
against his cont STFtiOn. and 1t is said that
the regulation makes a very pain distinc-
tIon for a purpose expressly defined be
tween the powers Of the President and
OF comma 1ding officers. .
1t may be tef that one effect of the
line Of action decided upon will be to stop
for time the talk of relieving Gen. Miles
OF the command of the army, and assign
from Washington, such as has been sug-
gtsted. The position of an officer subject
10 the investigation Of a court of inquiry
Is unlike that Of an officer before court
martial and the former is not only not un-
der arrest, but may continue. If he pleases
the discharge of his official duties. so that
the mere ordering of the court will not op
crate to relieve Gen. Miles of the command
OF the army.
Purpose of the Court.
The purpose of the court of inquiry is,
Of course. as Its name implies, to investi-
gate the conduct of an officer. Such a court
ls expressly prohibited by the regulations
from venturing any opinion on the merits
OF the case unless specially instructed to
Go so by the appointing authority. In other
words. ii is to limit itself 10 the collection
and collation. of facts. It is governed by
the same rules as q court-naTtial, but its
membership is limited to not to exceed
three officers. besides a recorder. Upon the
present preSentmen. of facts made by the
court of inquiry the President must deter
mine whether or not a court-martial shall
follow. He is not bound 20 order a court
martial. even should the evidence collected
by the court of inquiry warrant such a
course though II has been the practice to
DO so.
Supposirg that the court of inquiry report
adversely to Gen. Miles, the nature of the
charges and specifications that would be
the ground for a cOurt-martial could only
he COnjectUred. 1t being entirely within the
Presidents power to enlarge OF contract
them