Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-17
ACTION IN SMITH CASE
Current Comment of the Re-
publicans.
HOW IT IS REGARDED
LOOKED ON AS VINDICATIoN OF
THE PARTY's COURSE.
Preferred to Wait for the Result Of
Regular Legal Proceedings Rather
Than to PREJUDICE the Matter.

The action of the President in retiring
! General Jacob II. Smith, who used intem-
| perate and unjustidable language in giving
| directions to Major Waller to kill ana
| burn" in the campaign in Samar, was to-
! day commented on by republicans as a
| complete vindication Of the attitude OF
the majority in the Senate when this sub
| ject was up there for discussion. The
President in diSnified language reprimaad-
ed General Smith for his. conduct as cal
| cuiated to mislead junior officers in their
ideas Of what civilized warfare should be,
although the result Of the court-martial
proceedings showed that the order had not
been executed, although II probably was
responsible for some isolated acts Of cruel
ty The fact that the Presidents comments
on the order of General Smith are evil
IDENTIFY addressed entirely to the army and
have no political coloring is favorably
spoken of.
Inc speeches OF Senators Lodge. Spooner
and others are recalled In this connection,
when democrats in the Senate were de-
nourcing the army because Of reports Of
isolated cases of cruelty in the Philippines.
The republicans were a unit in declaring
that full investigation would be made
and that punishment would be meted out
TO all those who were guilty Of misconduct.
The Spirit of Lynch Law.
While they did not before the Senate
make the charge that the democrats were
acting in accordance with the spirit OF
lynch law, many of them SO regarded the
democratic attitude. They claimed that while
they were standing up for dgnihed exc
cution of military law, fayoring the trying
of officers by court-martial in cases in
which charges were made and having these
trials on the ground. whore all witnesses
could be summoned, democrats 10000
miles away in Congress were attempting
to PREJUDICE the case the basis Of re-
ports incomplete and in many respects un-
substantiated. They say now that this as
pect of the case Is not in the least changed
by the fact that General Smith has been
| found guilty of using the Incorporate lam
guage charged against him.
They declare it is no EXCUSE for a lynch
| ing that evidence could be produced in
court to prove the guilt of the accused
nan. That is the theory OF those who un-
dertake to execute lynch law. They differ
from those who believe in allowing the
| law Of the land to take its course only in
the fact that they claim the right to pro-
nOunce Judgment on a victim in the midst
of an excited mob on hearsay evidence,
and without the safeguards aga inst errors
of judgment which the law provides. The
democratic judgment of General Smith ac-
cording to some republicans was analogous
to the judgment of a mob Of lynchers. They
had no evidence, these republicans declare,
but they were ready on scant testimony
ard hearsay statements to pronounce judg-
ment. On the other hand. republican lead
erS in the Senate stood firmly on the doc
trine of reserving judgment until legal
proceedings could be concluded and then to
punish the guilty ones according TO the
finding, as has been in the case Of General
Smith.
Claim Full Justification.
Republicans claim that their course in
the Senate has not only been justified by
the Presidents action in the case OF Cen
eral Smith, but that the evidence ELECTED
by the court-martial proceedings by which
he was tried has also shown as they said
stances of cruelty as were found to exist
in the Philippines would be isolated and
in no way Indicative of the general con-
duct of the army. Reviewing history
they showed the impossibiity Of separating
some degree of cruelty from warfare.
pecially in dealing with a savage foe. They
did not justify these acts but merely
pointed to the tendency to excessive cruel
ty that is so apt to influence men in arms,
and while deprecating all such acts thought
1t would be strange If the army in the
Philippines should prove to be an exception
to this rule. Efforts were taken to repress
the tendency In whatever degree IL should
be made evident. Now they point TO the
entire record Of the army as il has been
made known by means of court-martial
proceedings and other forms of investi-
cations and declare that they were right
in defending the army against accusations
which held the entire military organiza-
tion culpable, whereas but isolated cases
occurred on which the wholesale accusa-
tions were based.