New-York tribune., 1900-04-01
STRUCK BY AN OFFICER.
ENLISTED MEN IN ARMY AND NAVY
PROTECTED BY LAW

Captain Bowman H. McCaIla of the Navy. who
is now serving in the Philippines. was recently
pardoned by President Mckinley for an offence
committed in 1890. He was convicted by a court
martial OF striking a mutfnous sailor with the
back OF his sword and the sentence which was
imposed al that time was remitted and full
pardon granted in recognition of MS valuable
services in the Philippines.
The case has caused discussion as to the usages
in the various armies and whether the officers
right 10 strike enlisted man is still recognized
as il was some years ago in some Of the Euro
pean armies.
The regulations Of the United States Army
provide that any officer or non-commissioned Of
ficer who strikes OF otherwise IItreats a soldier
shall be punished. The punishment of an officer
for such an offence would be dismissal. The
Army regulation as to military discipline pro
vides:
All persons in the military service are required
10 obey strictly and TO execute promptly the
lawful orders OF their superiOrs.
Military authority VIII be exercised with firm
ness, kindness ana justice. Punishments must
conform to law and follow offences as promptly
as circumstances will permit.
SuperiOrs are forbidden TO injure those under
authority by tyranncaI or capricious conduct or
by abusive language
Article LXII Of the Articles Of War reads as
follows.
All crimes not capital and all disorders and
neglects which officers and soldiers may be
guilty Of 10 the prejudice of good order and
military discipline, though not mentioned in the
foregoing articles Of war. are to be taken cogni-
Zance of by a general or regimentaI garrison
or field officers court-martial according to the
nature and degree Of the offence, and punished
al the discretion OF such court
well informed Army officer gives the fol-
lowing facts which are matters Of record in the
Army headquarters:
In 1897 an officer was tried at Fort Sheridan
near Chicago. under the above article of war
The case grew out Of mis- treatment of a soldier
who refused 10 walk from the guardrOOm to the
room where the summary court was in session
before which court the officer had been ordered
TO bring the Soldier. The charge that the
officer used harsh and abusive means 10 force
the man TO obey the order, proddIng him with
his sword. etc The officer found guilty of
conduct TO the prejudice Of good order and mill
rary discipline. and sentenced ITO be repri-
maLded' the cOurt-maTtIal saying IN cOnnec-
tIon with its sentence that il lenient
count Of the repeated acts Of insubOrdinatiOn
the part Of the soldier and the long service
and excellent character of the accused officer.
IN 1890 officer tried at Chicago under
the provisions Of the LAIId Article of War, for
conduct to the prejudice Of good order and mill
tary discipline, in striking a soldier with his
fist. The soldier had been disObedient and the
officer lost his temper and struck him. knocking
The officer found guilty by the cOurt-nlar-
tial and sentenced to be reprImanded and TO be
confined 20 the limits OF his post for three
months General Schoield severely reprimand-
ed him in orders and said that the abuse of
subOrdinates by words blows is not to be
tolerated"
The Law provides against cases where SOL