New-York tribune., 1901-06-13

PRESIDENT CHANGES HIS MIND-CoN-
GRESSMEN DO NOT APPOINT
Lpr 7 ,1EoRArH To TIE rRIRrsE. ]


Washington. June 12.-The reported purpose Of a
Senator and a Representative from Nebraska 10
obtain the reinsta tement in the Military Academy
of young Bowlby of the five cadets recently
dismissed for mutnous conduct will not succeed,
unless in the extremely remote contingency Of a
radical change of mind on the part Of the Presi-
dent. The plan of the Nebraskan is based on the
theory that appointments to the Military Academy
vested in members Of Congress 1t is true that
there is general impression that such is the case.
The fact of the matter, however. is that such ap
pointments legally be made only by the Presi-
dent of the United States The law the subject
is contained III Section of the act OF Congress
approved June 6, 1900 which is as follows:
That the corps of cadets shall consist OF
from each Congressional district. from each
Territory. one from the District OF Columbia. two
United States at large They shall be appointed by
thirty cadets appointed from the United States at
large, be actual residents of the Congressional or
of the State. respectively from which they pur-
port TO be appointed
At the last session of Congress the strength of
the corps of cadets was increased by the addition
of at large from each State and the at large
appointments OF the President were also increased.
No change made, however IN the method
prescribed by law for making the appointments.
II therefore appears that while members of Con-
gress may through the courtesy OF the President,
nominate the cadets their respective districts.
the actual power OF appointment belongs exclu-
svely to the President. who may or may not ac-
AS a rule. these nominations have been approved
by the President. and it is probably on that
account that what is merely privilege has finally
come to he regarded by right.
The regulati tions prepared at the War Department
10 govern the admission of cadets to the academy
expressly state. among other things, that "the APP
pointments Except those from the United States
at large and from the District of Columba)
made by the Secretary of War the request of
the Senator. Representative or Delegate in Con-
gress. In this matter the Secretary of War
merely acts as the representative OF the President.
Even If the President were disposed to reappoint
one of the recently dismissed cadets at the request
of the Congressional delegation of the State. IT is
said at the War Department that IT could hardly
be done without violation Of the spirit of the law
enacted at the last session of Congress designed
effectually to suppress hazing at the Military ACad
envy. The law in question provided that any
cadet found guilty of participating in encour-
aging cOuntenancing such practice (haZing)
shall be summarily expelled from tho academy. and
shall not thereafter he reapponted To the corps Of
cadets or he eligible for appointment commits
stoned officer in the army navy or marine corps
until two years after the graduation of the class
OF which ne was a member Although this pro-
vision of law applies specifically 10 dsmissaIS for
haZng. the Secretary Of War and the adiutant-
general of the army have agreed to apply its prin-
ciples TO all dismissas from the academy The
statement made at the War Department TO-
day that the Secretary Of War has determined o
maintain the highest state of discipline the acad-
emy, and that IL could he done only by n cast iron
rule against the reappontment of and all ca
dets dismissed for good and sufficient reasons