The times., 1901-06-17
OPPOSED TO THE AGE LIMIT
Army Men Think 1t Should BE Ex-
tended TO SiXty-eight Years.
Officers Whose Services Have Been
Retained After Their RetireEscnt-
The Cases of Generals Shaftcr nnd
ClouS Referred To-Instances Cited

/ UGtCeEs Whose Services Have Been
Retained After Their Retiremcnt-
The Cases of Generals Shaftcr and
| Clous Referred To-Instances Cited
! Army men have long complained that
the age of siXty-four, at which they are
all compelled to retire from active SER
/ vice on 70 per cent of fun pay by opera
tion of law. is al least four years too soon
/ in the case of average officers, and that
| the law is detrimental To the public in
| terests Practical observation and the
conclusions of chronological students, it is
! claimed. tend to bear them out in this
contention. A recent circumstance serves
| to give emphasis to their view, and at the
| same time, it is coptended, suggests a
/ modification of the present law.
| This was the retention by Judge Advo-
| cate General Davis of Gen. J. w Clous,
retired, lately colonel and judge advocate,
as paid leading counsel for the Govern
ment against eX-Capt- Oberlin NJ. Carter,
Benjamin d. Greene, John p Gaynor
/ William T. Gaynor. and Edward II. Gay
nor. who were indicted for conspiracy to
defraud the United States out of some
! 81. 500. eco. Carter, formerly captain II the
+ Corps of Engineers. is already serving a
term in the Leavenworth military prison
0
| Greene and the Gaynors are fighting to
avoid being taken to Georgia for trial
| Under his retainer it will De part of Cen
eral Clous' business to fight Carters ef-
| forts for release and to prosecute the
| GFeene-Gaynor cases to a conclusion. 1t
is generally admitted that he is mentally
| and physically well equipped for the work
required of him, although the accused
parties will be defended with all the en-
ergy and ability that money can com
| mand. General Clous has been familiar
| with the case from the day Carter was
| first accused of misappropriating Govern
| ment funds, which gives him special ad-
| vantages for its future conduct, and
doubtless determined his retention.
| II viii be remembered that when Judge
I Advocate General Leber retired tGr
! age on Nay Il, Col. Thomas r. Barr was
| appointed to the vacancy ana Immediate
| " retired. In turn Colonel Cious was ap-
! pointed to I'LL the vacancy, and likewise
| at once retired at his own request. al
! though in pursuance Of an agreement all
/ he went out about three weeks ahead of
/ his retiring date, which was June 8.
| Thereupon Col George u. Davis was ap-
! pointed Judge Advocate General.
] These who know General Clous person
/ ally unhesitatinsly affirm that he is every
whit as competent for any Official duty as
he was prior to the day of his retirement,
and viii probably continue to be for sew
/ eral years to come. They say that he is
still as vigorous and alert as any officer
I on the active list of the army. General
/ Davis doubtless holds him equal to the
task, or he surely would not have retain
( ed him to conduct so important and COM
plicated a case. In short, at the age Of
I siNty-four General Clous is in every -
/ tribute undisputedly Just as efficient an
officer as he was ten or twenty years agO
/ Probably. indeed his capacity to dis
/ charge the duties Of a military lawyer
are at their zenith
! And the same may be said of nine out
! Of every ten army officers retired by oper-
alton of law. Lieutenant General SchOT
I field. retired wrote one Of the most lumf-
( nous and interesting autobiographies ex-
tant after his retirement in 1893, and At
/ seventy he Is still physically vigorous
and mentally capable man. Major Gen
eral Howard, retired, was in every way
! more able to command an army at his
( retirement for age in 1894 than in 1864
/ when he marched TO the sea with Sher-
man At seventy he IS still an active
and useful citizen Of the Republic.
Maj. Gen. Wesley Merritt retired last
{ year at siXty-foLr. " ith the exception
! OF his grey hair and experience Merritt
I is not much less a boy ana far more fit
{ to exercise command than when he
/ fought so effectively with Sheridan thirty
! six years ago Gen. Richard G.. Drum
who retired eleven years ago, is apparent
/ ly as capable at seventy y-five of directing
/ the AdJutant Generals Department as
/ he was in 1883. when tho ineNorable law
operated TO compel hiin 10 step ont. Men
| tally and physically vigorous. he still
! keeps step With the times
/ The case Of Major General Shafter is
still more significant. Retired two years
ago in the permanent establishment, he
| is still retained in the active service as
volunteer major general. and is efficient
/ ly commanding an important military de-
partment. His retention of the volunteer
| commission and acceptance of the depart
mental command is construed as proof
/ that he retired reluctantly. He still de-
sired active service, and deemed himself
!
did
/ Here in Washington, where the retired
army officers are seen in greatest num-
/ bers. OF all ranks and degrees Of deteri-
Grafton from advancing years, the OBJ
/ server requires no further evidence than
+ his eyes that nine of every ten are retired
/ long before their powers are exhausted. il
/ is undeniable, however, that the best in
/ tCrEsts of the service require that IN some
manner the mossbacks be sidetracked
and the system of compulsory retirement
/ is doubtless the fairest method of aC-
cOmplishiug this end.
But il is generally agreed by the best
friends of the army that the law should
J be modified TO say sizty-eight years as
/ the best. subserying boZh the interests OF
+ the Government, and the army. The the
ory Of the retirement law Is that at the
| age of siNty-four an officer has largely, II
not wholly lost his capacity for useful
/ ness. Very few military authorities long
; or believe any such nonsense Its osterSi-
bic object IS wholly ncgatived by the fore
gong examples, and what Is patent on
every hand. The real object is to eXpe-
/ dite promotion.
If General ClOus services were needed
and likely to be valuable why should he
! be put out of the way and another put in
his place. is d question that IS frequently
asked If there were still critical duties
which only be could successfully per
form why supersede him with another
who could not perform them? So. in the
+ case Of General Shafter and other retired
( officers whose active services are Still re-
/ ouired by the Government.
The law as it stands is in high favor
/ with the young subalteFns, and for OBJ
viOus reasons. Its beauties and utility
T grow more and more doubtful however,
as they near the siNty-fOur year mile
stone. When that day arrives they are
TO man most decidedly against il, for
/ reasons equally obvious.
THE REWARD OF INDUSTRY.
DR.. Wills SayS work IL Usually Con-