Omaha daily bee., 1902-05-22
DEMTNG CASE FAR REACHING
Means Release for Hundreds Of Volunteers
Convicted by COURT Martial
MAY PUT IN CLAIM FOR PAY
Army Omcers Here of the Opinion
that Volunteers Have Right TO
Pas Until They Are FOr-
maIIy Discharged.

oficers at the headquarters Of the De-
partment Of the Missouri are interested in
the case Of Captain Deming. recently de-
cided by the supreme court OF the United
States. in which that former oficer OF the
United States volunteers will be released
from the United States p~enitentiary be-
cause the officers who convicted him were
Of the regular army instead Of the volun-
teers. The local interest Is deeper from
the fact that two officers who will be re-
leased in consequence Of the decision in
the Deming case, were placed on trial at
the order Of General Bates, then in the
Philippines. These two officers are Lieu
tenant Frederick Boyer and Lieutenant
Frederick J. Barrows, both now In prison
at ~Leavenworth, Kan. Each was con-
victed Of peculation while In charge Of
government stores at Manila. In each case
It will be necessary for the friends Of the
convicted officers to cause writs Of habeas
corpus to issue.
In addition to the officers to be released
there are nearly 800 enlisted men in the
different prisons Of the United States who
will also be released when the proper step
is taken. Some OF the persons are under
conviction for serious crimes, including as
saults upon women and murder. AS the
statute OF ImlldIlOub uOb6 huI luu hbdAuob
murder 1t is possible that those under SEN
tence for this crime may be taken back to
the scene of their offense for trial by civil
authorities.
May Claim Back Pay.
The most interesting phase Of the ques-
ton from the standpoint OF the army off,
GERS is the effect OF the decision upon the
pay and allowances of the men and officers
illegally convicted and sentenced. Under
the rule Of the supreme court, as 1t is I'M
d~erstood here, the action Of the courts
martial are entirely void, so the orders OF
dismissal entered against the persons con-
victed are of no force and effect. There
fore both officers and men are still upon
the rolls Of the United States volunteers.
As such soldiers or officers. they are un-
doubtedly. in the opinion of the persons
discussing the question, entitled to pay ac-
cording to their rank at the time they
were arrested. There is a difference OF
opinion as to the length Of time for which
they are entitled to their money. The law
creating the United States volunteers in the
Philippine war limited the time for which
they could be maintained to July 1, 1901.
and at that time all of the volunteers, with
the exception of one or two regiments en-
route to this country, were mustered out.
and for that reason certain Of the officers
at headquarters hold that the pay and al
lowance Of the persons convicted Of Of
lenses and are now released by the supreme
court can only be made for. the time be-
tween such convictions and July 1, 1901.
Others, referring to the regiments which
were on the water at that date, call atten-
tion TO the fact that they were allowed pay
from then until they were finally mustered
out, and say that as the convicts have never
been discharged they can claim pay until
the order discharging them is issued by
the department.