New-York tribune., 1900-07-09
ARMY CANTEEN QUESTION.
ACTION OF ATToRNEY-GENERAL GRIGGs
CAREFULLY CONSIDERED BY FOR.
MER MEMBER OF THE
CABINET
CABINET,

,e7nber Of the Cabinet 1t sets forth the facts Jr
racsrd 10 the opinion Of Acknowledgement C,rieps
which has been subjected to much hostile criticism
and shows the logic Of his position and the un-
reasonableness OF the hostile attitude toward If
The principal portion Of the article follows:
So much that is inaccurate and misleading has
Keen said ana written with reference to the So
called canieen question and the construction placed
BY Attorney general &c Griggs of the United States
upon me o2 S{ of congress OF March 2 1899 relative
statement Of the matter and Of the scope and effect
purpose Of dispensing the great cloud of misinfor
nation WHICH t, oNeTsnadows many minds concerned
ab0ut The suo)ect The act of Congress referred to
That no officer or private soldier shall ba do
tailed 70 sell intoxicating drinks. as bartender or
otherTlSe. IN aE post exchange or canteen nor
such liquors IN any encampment fort or on any
premises uSeq fer military purposes by the United
issue such general order may be necessary
@ carry ne provisions of this section into full
The Secretary Of War requested the Attorney
EaetheF ;his act prohibits the continuance of the
sale o. Deer IN me canteen sections of the post
ne f55.o"S fsS hilS posls or encampments through
oS. NE 80 Isg9 il & SIaIes, Inc Attorney-General,
does no, prohibit the continuance of The sale Of Of
intoxicating drinks through the canteen sections
OF The post exchanges as Heretofore organized
heretofore followed Of detailing officers and nri-
vaie soldiers on duty in the canteen section to do
The opinion Of the Attorney-General was based
down by The legal text writer's and by the de-
c5sgns 9L nc SourJs' including the supreme Court
which the act was meant to prohibit, judging the
act 10y the ordinary standards OF Interpretation
and the language employed in il. were. first, the
sale by olcers or private soldiers Of intoxicating
fenanse o. separate estabshmens carred On bv
oats5e % 32.oPie "a at a1E army ~ posts Both Of these
prohibit had before the passage of the act, been
Tie opinion Of the Attorney General has been
vigorously assaied by some church and temper
merely erroneous but that it is SO manifestiy err eG-
roneols and absurd as to raise the just inference
that must have been given in Wilful disregard
and corrupt purposes Many resolutions using
peranCe societies and prohibition conventions con-
these /, is believed that these protests and accu-
sations arise entirely from an excess Of zeal which
s.deTed under several heads:
First-Is the decision Of the Attorney-General
correct? Il is admitted that the Interpretation Of
language used in statute is matter Of technical
s1v mar rules of consTTucto6 WHEN are adopted by
the courts with which the lay mind is unfamiliar;
come forward to challenge its correctness So far
the attack upon it rests upon the unprofessional
criticism Of persons who are interested merely on
the question Of morals or Of politics and from
persons Who are seriously and professionally in
terested in studying the opinion from judicial
second-The opinion might be erroneous, and yet
the AttoTney-General might be entirely beyond the
Just right OF censure Tor having gwen an erroneous
opinion. Courts frequently decide cases erroneous
ly. and their decisions are reversed by appesliate
courts Even appellate courts, the highest OF the
various States, are themselves reversed by the
Supreme Court Of the United States. SO that mere
error in legal decision Is no ground WhateNer LOT
blame or censure, but goes only TO the accuracy
opinion 5i5 Before an opinion Which is erroneous
can be honestly charged with proceeding from cor
rupt motives. there should be other evidence than
ever been trufbfuIv asserted for The charge that
the Attorney-General rendered an Intentionally
erroneous decision. Some zealots. more inaamed
by fury than guided by reason or love Of truth ruth
enced by the liquor men or brewers these
being terms which come naturally to the lips OF a
fanatiea! accuser AS matter or faact. me a.
MED inat no fepreSentaL'e OF any person - coIl
ceru whatsoever engaged in the liquor business
since the rendition Of his opinion. 1t is also alleged
that he was formerly the counsel Of the Liquor
on the contrary. ali who know the political
career of the Attorney-GeneTal in New-Jersey know
that while a member of the Legislature, ne was
true temperance and that under his leadership,
that State passed an act providing for hgh lcense
5u6ge or any other legal Interpreter OF law, must
cast aslae the recognlSeo Tu4es oL lesaL 80. -
cordance only with the moral question involved in
the Attorney-Generai practically suggest he should
have done Had he done so he would have violated
his oath Of Office and disregraded the highest duty
Of Judge OF legal adviser, which IS TO give ms
opinion honestly. according 10 the legal rules or
construction that are recognized as the Ia" OF the
.Thlrd-The assumption that the construction
placed upon this act by the Attorney-General was
contrary 70 the interests Of morality may ltSeL pe
indeed, il is probable that majority Of the people
the Re R5guiar ana Younteer Army. beeyeHtbat the
entire abolition Of the canteep features OF the post
@11f @ ~ Tho 6c57eTt Tes7,I+s witch have fol
lowed the Establishment Of the canteens Let seri-
Gus nquirers read the last report OF the secretary
ofeiaI opinions of Regular army officers, from ON
Tnajor-generals down TO first heutenants upon the
listed men They are almost uniform in favor OF
the canteen as a beneficial moral agency
n view Of such testimony as TINS TON Ihose @ De2I
qualified 70 Judge they either ignorant or care
es15t 81 g Pzeg9e5t cney ana other ocers be
cause they not make themselves lnstrumenIs 70
Army officers declare would follow from the ab&3a- boil
these u men s9 are less Interested in the welfare and
discipline Of the troops than are the members OF
the temperance societies or the churches. Why,
then Should they, with this great @ gnaRmifSy tSs
y 70 9 the The 01 g22d f6@f bT the a eanfeen ' if their ob
seryaton and experience nave not 50 IhS'ruc'eu
Before the post canteen was established saloons
and grogshons of the lowest and most dangerous
erty about me posts and encampments. and dis
pensed the soldiers spirits OF me EIls Hsa{s yt
and immortality Let any one who wishes 70 .{Il. HI-
dersand the numerous temptations Idt ar iit to
thrust in the path OF q soldier make a. WISH 10
Plattsburg y. Y and the scores OF saIoohs
that lire the highway in front - the encampment
where the 18th Regiment Mustered during the
summer Of 1880. The testimony OF the n1anagsIs oi
Is 10 the same erect. Where no canteen or pace
for the sale Of wines and liquors Is III
the homes the inmates are driven 70 vatd,b
the low dives which gather IN tne lneIlaIe fr We
ana even murders take plfC - sI, a- o,,ett i'm
ana good order Of the homes are most serlouSy I'M
canteen in the homes was established much Iess
drunkenness. disorder and crime among the IN
II Is Gifficit to understand the unreasonable at
t.tuGe which many honest members OF the com
70 be based upon entire ignorance or the nature
The opinion Of the Attorney General as matter