The state herald., 1902-08-22
LATE WASHINGTON NEWS AND
GOVERNMENTAL PROCEEDINGS

vestigate and report upon the needs
for military purposes of the Fort Sill
reservation, Oklahoma Territory, with
n 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 n 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 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 witch placed him on the retired
list was appended TO the Presidents
comment on the findings of the court
martial. which recommended that Cen
eral Smith be admonished by the re-
viewing authority, in this case the
President of the United States. Gen
eral Smiths friends have contended
that the President, by appending the
order for retirement to the admonition,
increased the sentence. Under the law
the reviewing authority of court
martial has no authority to increase
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 out that the
law which enables the President to re-
tire an officer after he Is sixty.two
years old, without giving cause. was
never enacted as n punitive measure,
and did not Increase any punishment,
If 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 n
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, seyenty-four years. told
against his recovery with serious force.
Realizing that he probably never
would be able again 10 assume the
place which he so long had filed with
distinguished ability and honor. he de-
clded short time ago TO tender his
resignation to the President. oliver
Wendell Holmes was born In Boston
March $. 1871, and was educated at
Harvard. lie enlisted In the Twen-
tieth Massachusetts regiment In 1861
and was wounded nj Balls Blum, at
AnIletam, and nj the seond battle OF
Fredericksburg. lie was mustered out
with the rank OF captain In 1864. lie
had been offered n commission ms lleu-
tenant colonel OF regiment In 1863
but declined promotion. lie studied
law. was admitted to the bar In 1866.
and practlccd In Boston. In 1852 he
was professor In the law school at
Harvard. and In the same year was
appointed 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
mnnder Schroeder. governor OF the
island. has been driven to appear to ihc
Navy Department here for lnstruc.
lions as 20 the limit OF his powers.
Congress has not iegislatcd FOR the
island aud the VIII 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 bt
modified 10y his direction. or that OF the
Navy Department Under the old sys.
TEN of laws thus put in force there eN.
listed practically but single court on
the Island. the court OF first instance,
which corresponds 10 the lowest Judi.
clal tthnnal IN this country. Under the
Spanish law an appeal was allowed
from the decisions Of this court 10 the
court OF oassatlon In the Philippines.
with provision for iinnl appeal In ccr.
tain class or eases io The government
a. Madrid liut with the advent of
American control Ia III" Philippines
this power OF appeal was cut
on and III. decisions OF the court of
first Instance practically stand ms the
decision Of the court of last resoit
Some time ngo native was convicted
In this court NJ murder nnd was sen.
fenced to be- executed The evidence
seemed 10 leave some question Of his
guilt and the governor wns appealed 10
Being ~ n loss ~ 10 what action he
could take. he advised ,hr secretary NJ
The navy of the situation nnd asked Tor
instructions. There nre said To bc oh.
or eases which Involve the rights "
American clilxons who hnv" been Tried