The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-15
THE CASE OF GEN. SMITH.

a dispatch from o., says
that Gen. Jacob II. Smith is seriously i'll
from nervous collapse, attributed to the
strain of his campaign in Samar, the sub
sequent court-martiaI and the unexpected
news of his retirement received on his ar
rival at San Francisco. His case presents
features calculated to. excite public sym
pathy. There has never been any question
Of General Smiths loyalty, bravery and ar
dent devotion to the flag. His military
service was long and valuable, and as far
as known no professional act of his was
ever called in question before the unfortu-
nate kill. burn and destroy order in
Samar. That was a passionate exclama-
ton rather than a deliberate order, and it
was in evidence that it was not understood
nor executed as a deliberate order. New
ertheless, the language was used. Circum-
stances required the government to take
notice of IL, and a court-martial decided
that he should be "admonished" on account
OF it. In reviewing the conditions which
resulted in the court-martial and its finding
Secretary Of War Root wrote to the Pres
ident:
Should you approve the findings and SEN
tence OF the court IN accordance with this
recommendation, l feel bound to say fur
ther that in view of the findings and sem
which have made it possible that the facts
found should exist. II is no longer for the
interest OF the service that General Smith
should continue TO exercise the command
of his rank. His usefulness, as an example
guide and controlling influence for the
junior officers of the army is at an end;
81 - - So 1nAaE~ - -
years OF age, | recommend that You ex-
ercise the discretion vested in you by law
and now retire him from active service.
The President issued an order compr-
menting General Smith upon his long ca
reer distinguished for gallantry, deeply re-
GREETING that he should have so acted in
this instance as to interfere with his fur
Their usefulness in the army" and retiring
him from the active list. General Smith
knew nothing of this order until he arrived
at San Francisco. and it caused him a great
shock. Nevertheless, he declined to be in
terviewed regarding it, and conducted him.
self with s~oldierly propriety and dignity.
On his arrival at his home in Portsmouth,
o.. he broke down completely and is now
reported TO be seriously i'll. In these cir
c-umstances he is entitled to much sym
pathy.
Although General Smith has conducted
himself with much dignity in refusing to
talk or to question the justice of his retire
ment, the same cannot be said of some Of
his relatives at Portsmouth His brother
in-law. Judge Bannon. announces that he
Will institute a contest on behalf of General
Smith TO question the justice of his retire
ment and the right Of the President TO or
der it. Although General Smith has not
talked, his brother-in-law is doing enough
for both, and there are some indications
that he speaks by authority. 1t would no
be surprising If he had persuaded General
Smith that he has good ground for making
a fight against the Presidents order of re.
tirement. Judge BannOn contends that a:
the court-martial only directed that Gen.
eral Smith be "admonished" the President
had no right 10 reprimand and retire him
This contention is purely technical. Tn,
President did not reprimanC General Smith
He approved the findings and sentence O
the court-martial. dwelt briefly on tn
ethics OF military mman deprecated tn
use OF loose and violent talk by officers o
high rank under any circumstances an,
closed by retiring General Smith from tn,
active list. The latter act was Independent
OF the finding Of the court and was entirel,
within the Presidents authority. The Law
says: when any officer is sixty-two year
old he may be retired from active seryic'