The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1899-01-20
EACAN TO Be TRIED
The President Reaches a Decision
in Commissary Generals Case.
A C0URT-MARTIAL TO Be ORDERED.

Washington, Jan. 1S.-The president
yesterday announced at the cabinet
meeting shortly after it assem- bled for
its regular session that he had decided
to order a court-martial to try Com
missary General Eagan for the abusive
and violent language he had used re-
speeding Maj Gen. Nelson A. Miles
while on the witness stand before the
war investigating commission last
Thursday.
Ever since the sensational event the
president has been carefully deliber-
ating over the matter and has had fre-
suent consultations with army officers
and Others regarding the steps that
should be taken, for he was convinced
from the outset that the question for
consideration was what action should
be taken and not whether any dis
cipiinary. measures at all should be
had. Yesterday, just before the cabi-
net eession, he held conference with
the secretary of war and Adjt Gen.
Corbin. 1t was not long in duration,
but the action to follow Gen. Eagans
utterauces was decided aud when the
cabinet met the president announced
matter. He said he had determined
that there was only one course to
adopt and that was to order court
martial to be convened at once to try
Gen. Eagan. The decision, which was
reached only yesterday morning, met
the unanimous approval of the mem
bers of the cabinet.
Contrary to the general expectation
no announcement of the personnel of
the Eagan court-martial was made at
the war department up to the close of
business yesterday afternoon. Adjt.
Gen Corbin, at the last moment, in
reply to question, said that he had
nothing whatever to make public
touching the Eagan case. Secretary
Alger was absent from the war depart
ment all of the afternoon and just be.
fore the close telephoned that he
would not return to his Office during
the day.
In the absence of the announcement
of the detail for the court martial
there was "A good deal of speculation
MS to its composition. General prac-
tice is for majority of the court to
consist Of the peers or superors in
rank of the defendant This would
make the task of selecting court
hard one, because it is not easy to find
a ufficie mt number of general Off GERS
ranking with brigadier general to
make up a desirable quota. But lati.
tude is permitted the appointing au-
thority in such selections as the ninth
article of war reads: mo officer shall,
when it can be avoided, 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 Gen. Merritts name
as president of the court was due to
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 regarded
as available. The friends of Gen.
Merritt are hoping that he will not be
selected, fearing that he will be ac-
.cused OF prejudice by one or perhaps
both sides. The penalty for the offense
with which Gen. Eagan probably will
be tried, conduct unbecoming an Off
Ger and a gentleman, is one of the
most severe known in the army, being
dismissal. Article 81 reads as follows:
"Any officer who is convicted of con-
duct unbecoming an officer and gem
-tlaman shall he dismissed from the
service" If the court shall find Gen.
Eagan guilty, even with exteuuating
circumstances, they must attach this
sentence and the only hope for the
officer would be in the exercise OF
clemency by the president, based per.
haps, upon the courts recommends.
tion.