The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-10
NOW FOR GEN. MILES
COURT OF INQUIRY TO INVEsTI-
GATE HIS MEAT CHARGES
IS APPOINTED
ORDER ISSUED is SIGNIFICANT

( --Ia---7--
Board Instructeda to Make Recon-
mendationsqfo for Farther Proceed
ing., which May AFFECT the Gem
eral of the Army--Inquiry VIII
BE Inausurated February Is
Text of thss onlcial Document.
WAsHINGTc:N,,asFeb. s.-The presi-
dent has appointed, court of inquiry
to examine the charges touching the
meat furnished the American army
during the WAR. with Spain, and other
matters tnvolved9fff the charges made
by Gen. Miles against the administra-
ton OF war affairs. The court will
consist of Maj. Gen. Wade. in command
OF the department of - Dakota, at st.
Paul; Col. George W. Davis, Ninth in
fantry. and Col. Gillespie. corps of en-
gineers, now stationed in New York.
The order for the court of inquiry
names Lieut.. Col. c.. C. Davis, deputy
judge advocate general. U. S. A.. re-
corder. 81
The court is directed to investigate
the allegations of the major general
commanding the army in respect to
the unfitness for issue Of certain ar
t1cles OF food furnished by the sub
slstence department to the troops in
the field during the recent operations
in Cuba and Porto Rico. In addition
to this finding of fact the court will
submit an opinion upon the merits of
the case, together. with such recon-
mendations Of further proceedings as
may be warranted by the facts de-
Veloped in the course Of the inquiry.
The officers named will repair to this
city for the purpose indicated, and
upon the adjournment of the court will
return to their proper stations.
Gen. Miles, when seen, had nothing
TO say regarding the appointment Of
the court. He has been accommodating
q large amount Of evidence along the
lines OF the inquiry. but he has not
chosen any counsel, and a large part
of his evidence has been already
transmitted to the war investigation
commission,
Soon after receiving the order from
the president as to the converting of
this court. Adjt. Gen. Corbin took i'm
mediate steps for it's execution, noti-
flying each of the members Of the court
by telegraph or their appointment and
lnstructing them to be In Washington
on Or before the date fixed for the meet
Ing OF the court, namely, the 18th in
slant. ~ i $50
PERSONNEL OF THE BOARD.
Gen. Wade. who; Is president Of the
court. was member of the court mar
tal which tried Commissary Gen. Ea-
gan, was president Of the Cuban evacu-
alton commission. and is at present
commander of the department Of DaIko-
ia. Lieut.. Col. DAVIS Is of the Ninth
infantry, and is <brigadier general Of
volunteers, now In command Of the
mlltary department Of Pinar del Rio,
Cuba. Col. Gillespie is one of the
NEST distinguished officers Of the en-
gineer corps, and for some time has
been In charge Of important river and
harbor works in the vicinity of New
YORK city. Col. George B. Davis,
recorder OF the court, served as Judge
advocate of the Eagan court martial
and is professor of law at West Point.
The court of inquiry. 1t is said by
persons versed in military turispru-
sdence. will be unique. In that it will be
directed in its Investigations against
a state of affairs and not against a
person, for, although Gen. Miles is
named as the author of certain allega-
lions In the formal order, it Is these al
legations and not Gen. Miles that is the
SUBJECT OF inquiry. The only regulations
IN the army manual bearing on courts
OF inquiry provides that they NAV be
called to inquire into the conduct of
any officer or enlisted man, but moth
Ing is said about inquiry into a. state
OF things. It is to be assumed, of
course. that the president has thor
oughly satisfied himself as to the legal
ity of this order before Issuing it, The
court. has no power to compel the tes-
tlmony OF civilian witnesses. and in
ordinary cases would be limited In it's
report to a mere state Of facts de-
veloped, though the regulations permit
the converting authority to add to
the instructions a direction to pass ON
the merits of the case and fix q re-
sponsibility. This permission has been
awaited OF. 1t appears, In the present In
stance. Therefore, the court Of inquiry,
should 1t find that Gen. Miles charges
are not sufficiently established NAV ex-
press am opinion as to what course
should be pursued towards him: in
other words. 1T. may recommend his
trial by court martial for making base
less charges.
INQUIRY WILL BE TEDIOUS.
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 1t left the packers hands as we'll as
to look into the preliminary opera
t1ons Of slaughtering, packing and
canning and refrigerating, a good deal
Of time probably will be consumed in
the inquiry. IT may be necessary also
to call personally before the court all
of the officers cited in criticism Of the
meat by Gen. Miles, numbering be-
tween sixty and seventy in which case
a great deal of expense will be in
Cured. and still more time consumed.
The administration takes the position
that these charges and the character
OF the meat supplied shall be thorough
iy s1fted and If wrong has been done
that it shall be corrected. 1t Is not re-
garded as any reflection upon the com
mission to investigate the conduct OF
the war that another tribunal Is now to
undertake the investigation Of subject
that was inquired into by that commits
sion. The fact is that the commission
mad no legal power in its proceedings
and Its findings have no legal weight
70 satisfy the president and the Amer
lean people Of the conduct Of the war
and the quality Of the food supplied
was only an incident In the matter The
new commission has as much power
legally to arrive at the truth as can be
invested by the executive himself and
to NIX the blame on any persons guilty.
| OF wrong doing in the subject which II
ls charged to Investigate.