The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-18
.COMMISSARY GENERAL
TO Be COURTMARTIALE
Eagan Charged With Conduct UnbecOming an Of
fiCer and Gentleman,
Convicted He viii Be Dismissed From the Service
General Merrlt May Preside at the Trial

war department all of the afternoon.
and Just before the close telephOned
that he would not return TO his Office
during the day. He spent the morning
at the White House, and. leaving there
Just before the cabinet convened. went
to mis- home With Adjutant General Cor
bin, and remained there. The secretary
IS going to New York at midnight, 50
t1dt unless he acts upon this matter
before his departure. there may be de-
lay until his return.
The fact that Secretary Alger was
not present at the cabinet meeting was
seized at once as q sign Of trouble in
the cabinet. and soon the usual rumOr
of discussions and an intention on the
part of the war secretary to resign was
ahOat. There was no foundation for
leagues promptly and emphaticaily de-
MED them as soon as their attention
was drawn to them.
In the absence Of the announcement
of the detail for the cOurtmartial there
was a good deal of speculation as to its
composition. General practice is for
{ 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 q hard one, because
it s necessary to find a sufficient num-
Der Of general officers ranking with a
brigadier general to make up a desir-
able court. But latitude is permitted
the appointing authority in such selec-
tons, as the ninth article of war reads:
NO officer shall, when it can be avoid
ed. be tried by officers inferior in rank"
The mention of General Merritt's
name as president OF the cOurtmartial
IS due to the fact that he is the only
available major general of the reg
ular army, the others being General
Brooke. in Cuba, and General Miles.
here, neither being regarded as avail
able. The friends of General Merritt
are hoping that he viii not be selected,
fearing that he viii be accused Of pre-
JUDGE by one or perhaps both sides.
EAGAN'S ARREST.
General Eagan has not been relieved
of his duties in anticipation OF his pros
pective trial but it is understood that
the order for his arrest, preparatory to
trial, Will of Itself carry with it his re-
lief frOm official duties. 1t was said
&c the war department today that the
order for arrest may be served on Cen
eral Eagan by an officer of the army
some time during the official day to-
morrow. This viii enable him TO make
formal application for the privilege Of
going beyond the limits in which he or
dilarily would be confined and permit
Kim to come to the department or to
go to any other place to which he may
ind il necessary.
The penalty for the odense with
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 dis
miSsal.
Article 81 reads as follows:
Any officer who is convicted Of con-
duct unbecoming an officer and a gen.
tleman shall be dismissed from the
service"
IF the court shall find General Eagan
guilty. even with eXtenuGtinS circum-
stances. they must attach this sentence
and then the only hope for the officer
would no in the exercise of clenencv
by the president. based. perhaps, upon
he courts recommendation.