The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-11
GEN. SMITHS C JURSE.
Probability That He Will Ap
peal to the Courts.

portsmouth, ~, aug. 1-Inefe Is
every probability that the legality of
President Roosevelt's action in retiring
Gen. Jake Smith from the army will be
tested This information is taken from
talk with. Judge j. w. Bannon,
brother-in-law of General Smith, late
Saturday afternoon. For the first time
since the charges were filed against
General Smith. Judge Bannon submit
ted to an interview Seated in the de-
lightful comfort of his home on the
heights above town, enjoying the fra
GRANGE of a good cigar and the company
of his wife and her mother, he talked
for an hour with correspondent.
Mrs. Bannon is sister of General
Smith. Her mother, now 88 years old,
is naturally very anxious to see her
son, and counts the hours till he will
reach here. While the correspondent
sat talking with the family a telegram
arrived. which announced that connec-
tionS had been missed at Chica go, and
that General Smith would not reach
here until tomorrow at about IL o'clock
The aged mother looked pleased. She
said: Il would rather see my boy come
in the daytime He will feel fresher.
He's noble boy, a good soldier and I'm
mighty proud of him. He has always
stood faithfully by his subordinates. and
l know has done nothing to be ashamed
of" Near her 89th year, Mrs. Smith is
remarkably agile, and climbed to the
third story to hunt a photograph of her
son, which he had sent her from Ma
Mia while he was yet, colonel of the
Seventeenth infantry. She came to this
country from New Hampshire when but
seven years old, coming overland with
her father, and walking about 800 miles
of the distance. She laughingly tells
about her hardships and the trip across
the Allegheny mountains. And my
boy Jake has much of the determination,
which held ne up when this part Of
Ohio was 'howling wilderness IN
tested with wolves and Indians.
Across the river my son raised a
company for the Second Kentucky regi-
ment. At Shiloh he was wounded, and
we expected him to die. But God
spared him to fight the battles of his
country again at Santiago, where again
he was seriously wounded. Again was
he spared to take charge of the troops
on the island of. Samar, where he sue
ceeded in his work of pacification What
matters it what he has said? Look
| upon what he has done. Look upon a
record without blot OF blemish! Then
shall we consider a few words spoken
when the atrocities to American soldiers
were confronting him on every hand?"
Her eyes swapping fire. energy and life
| in every gesture, the aged mother of
| General Smith talked with a cordial
frankness that showed plainly her deel,
feeling in the matter. She has read
every newspaper Clipping relating to her
son. also the speeches bearing upon her
sons conduct. To many of the editors
she has personally written her thankA
for their position.
Judge BannOn talked very carefully
and reservedly. AS he will likely be
head counsel for General Smith in case
of any legal complications, he naturally
| talks with great precaution.
do you consider President Roose-
ve1t's action in retiring General Smith
| legal?"
"Unquestionably not" was the prompt
reply.
''will the matter be tested in the
| courts?"
| THAT I can not say. Naturally it
| will come up for conference between the
| general and me. shall abide by his
| conclusion. He is a military man and
may not look upon the matter as I
do"
How could the matter be gotten into
| the courts?"
"Oh there are several ways: one way
would be to test the matter through
| the court of claims on the claim that
he is entitled to full pay not havin.
been legally retired And then there are
| other ways of testing the question
| should the general decide to enter into
| litigation to maintain what he may con-
| slider his rights. But mind you" Judge
| Bannon cautioned II have not con-
| ferred with the general and am not
| speaking for him. and he must not be
| held responsible for what 1 say"
! Gen. Smith will be met at the depot
| by Bailey post. G.. A. R., under COM
mand of Mayor Milstead, and by prac-
| tically all the citizens of Portsmouth
| He will be royalty welcomed at Ports
| mouth.