The San Francisco call., 1903-12-17
Senate Committee on Military
Affairs Completes It's InveS-
tigation of the Charges Pre-
ferred Against the General
ROOT TESTIFIES ON
BEHALF OF DEFENSE
Secretary of War Shoulders
Entire Responsibility for the
Criticized Acts of the Former
Governor of Island of Cuba

WASHINGTON, Dec. 16.-The Senate
concluded it's investigation of the
charges against General Leonard Wood
filed for the purpose of preventing his
confirmation as major general. Secre-
tary Root was the only witness to-day.
He was on the stand for two and half
hours at the forenoon session and oc-
cupied the attention of the committee
tonight from until 11:2O O'Clock. The
committee will meet tomorrow to pre-
pare its report. 1t is understood con-
f1rmation viii be recommended by a
vote Of to 2
A minority report will be made by
the opposing members of the commit
tee.
The testimony of Secretary Root is
practically the only defense that has
been made of General Wood in the
hearing, which has extended since
about the beginning of the extra ses-
sion of Congress. This testimony, how
ever, covered the entire range of evil
dence produced against General Wood,
and was supported in many instances
with correspondence and other data
subsequently, taken from the records
at the War Department covering the
period of General Woods administra-
ton as Governor General of Cuba
Secretary Root undertook to assume
the whole responsibility for the orders
issued by General Wood affecting the
judicial system in Cuba and concerning
the concession granted to the Jai AIai
Company at Havana He justified the
acceptance by General Wood of the
present of a silver set from the Jai
Alai Company
Secretary Root was asked especially
about the charge which Major Rath-
bone made that General Wood had in
fiuenced the courts in the prosecution
of Rathbone and had tampered with
the courts. The Secretary explained at
some length the court system in Cuba,
saying that the court of first instance
was in reality an officer directed to
prosecute and to obtain evidence He
was something like a Grand Jury in
finding evidence, but was further en-
powered to go out and obtain evidence,
mingle with the people, procure affi-
davits and otherwise collect evidence
against alleged offenders. He said he
knew what General Wood was doing in
this case and approved it, The Secre-
tary said that, in fact, he directed that
the prosecution of the offenders be Wig
orous and General Wood was acting
under orders from the War Depart
ment.
The Secretary took up the Subject of
the Jai Alai Company concession and
said that this was not a gambling
company nor was the game pelota,
played under the management of the
company. gambling game any more
than was a horse race or a game of
baseball. Men could bet on the results
as upon other games of skill. He said
that the concession or right of the Jai
Alai Company was granted before the
American occupation and that the con-
cession for which General Wood had
been criticized was for an addition to
the building of the company. The only
question in regard to this grant was
whether or not it would be contrary to
the Foraker amendment. The whole
question was referred to the War De-
partment by General Wood. The sub
ject was first considered by Judge Ma
COON. law officer of the Bureau of In
sular Affairs. who, after a most care
full review of the case, had held that
the extension did not come within the
Foraker amendment preventing the
granting of a franchise in Cuba. The
Secretary said he reviewed Judge Ma
goon's opinion and came to the same
conclusion. The authority granted to
the company was then approved by the
War Department, so that General
Wood in this matter acted under the
instructions and with the approval of
the War Department.