Gilpin observer., 1902-08-21
LATE WASHINGTON NEWS AND
GOVERNMENTAL PROCEEDINGS

The War Department has decided to
appoint board of army officers to in.
vestigate and report upon the needs
for military purposes of the Fort Sill
reservation, Oklahoma Territory, with
view of having the lands that are not
needed allotted to the Apache Indian
prisoners. These Indians desire to Oc-
cupy the lands and cultivate them, and
officers of the army have recommended
that such board be appointed.
The repairs to the White House are
rapidly nearing completion and will be
finished long before the President is
ready to bring his family back to
Washington. OF the old White House
nothing will be left but the outside
walls and these will not be changed
In the least. A few rods from the
White House, within the grounds, the
work of erecting an Office building for
the President is being rapidly pushed
along and will be completed by the
time the President returns to take up
his official life in Washington. The
walls of the new building are nearly
completed and 1t does not compare well
with the White House, or the state,
war and navy building, between which
1t is situated. The structure is low and
built Of red brick and its appearance
Is not prepossessing. Many changes
have been made in the interior Of the
White House and the removal of the
business offices will give plenty of
room for social functions. President
Roosevelt and his family intend that
the short session Of Congress shall be
marked by fully as much social life
as ever characterized q season at the
national capital.
Army officers are not surprised At
the report that Gen. Jacob Smith will
seek redress in the courts from the or
der of the President by which he was
summarily retired Smiths friends
think his treatment was illegal. The
order which placed him on the retired
list was appended to the Presidents
comment on the findings of the court
martial, which recommended that Gen
eral Smith be admonished by the re-
viewing authority, in this case the
President of the United States. Gen
eral Smiths friends have commended
that the President, by appending the
order for retirement to the admonition.
increased the sentence. Under the law
the reviewing authority of a court
martial has no authority to increase a
sentence. Secretary Root and Judge
Advocate General Davis have paid no
attention to the comment ON the le-
gality Of General Smiths retirement.
Judge Advocate General Davis, in an
swer to a query, pointed nut that the
law which enables, the President to re-
tire an officer after he is sixty-tw0
years old, without giving cause, wac
never enacted as a punitive measure,
J and did not increase any punishment,
IL exercised in connection Herewith.
The President has appointed Oliver
Wendell Holmes, chief justice Of the
Supreme Court of Massachusetts, to
be an associate Justice of the Supreme
Court Of the United States, vice JUS
tice Gray, resigned. The resignation
Of Justice Gray was due to Ill health.
Several months ago he suffered q
stroke OF apoplexy, which some time
later was followed by another. He
has not appeared on the bench since
he was stricken the first time. His
advanced age, seventy-four years, told
against his recovery with serious force.
Realizing that he probably never
would be able again to assume the
place which he SO long had filled with
distinguished ability and honor. he de-
cfded a short time ago to tender his
resignation to the President. Oliver
Wendell Holmes was born In Boston
March 8, 1841, and was educated at
Harvard. He enlisted in the TWEEN
tieth Massachusetts, regiment In 1861
and wac wounded at Balls Blum, at
Antietam, and ut the seond battle of
Fredericksburg. He was mustered out
with the rank OF captain In 1864. He
had been offered n commission ms lieu
tenant colonel of q regiment in 1868.
but declined promotion. He studied
law, was admitted to the bar In 1866,
and practiced In Boston. In 1882 he
was professor In the law school Mt
Harvard, and in the same year was
appointed q justice of the Supreme
Court Of the state. The newly appoint
ed justice was the hero OF the famous
story, MY Search for the Captain"
written by his father, Oliver Wendell
Holmes, Sr.
An anomalous situation obtains In
the island OF Guam in reference to the
administration of Justice and Com
mander Schroeder. governor Of the
island, has been driven to appeal to the
Navy Department here for instruc-
lions as to the limit OF his powers.
Congress has not legIslated for the
island and the will Of the naval COVER
nor has been practically supreme.
When the island was turned over to
the Navy Department and Captain
Leary was appointed governor, he de-
clded to continue in operation the old
Spanish laws, except such as should be
modified by his direction, or that Of the
Navy Department. Under the old sys-
TEN Of laws thus put in force there ex-
listed practically but single court on
the island, the court Of first instance.
which corresponds to the lowest Judi
cIal tribunal In this country. Under. the
Spanish law an appeal was allowed
from the decisions OF this court to the
court Of cessation In the Philippines.