New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-17
ROOT SUSTAINS WOOD.
EXPLAINS JAI 4LAI CASE.
No Jurisdiction and, Therefore, No
Concession Granted.
rFRow THE TR1BuNE rUREArl

Washington Dec ia decided sensation was
created in the Senate Committee on Military
Affairs to-day, when the Secretary of War took
the stand and startled the prosecution by testi-
flying. under oath that General Wood had never
granted any concession 10 the Jai Alai: that
with one exception. every law Of which Rath-
bone and his friends complained as having borne
with undue severity upon him had emanated
from the legal division Of the War Department,
and had been promulgated by General Wood at
Secretary Roots direction, and that the severity
Of RaJhhone's prosecution had been directed by
President Mckinley, who had told Mr.. Root that
10 political influence must be allowed TO inter
fere with the prosecution Of an official charged
with such a serious breach of trust
Referring TO the Jai Alai. Secretary Root de-
cIared that when the municipality Of Havana
had determined TO grant the necessary conces-
sion 10 that institution General Wood had or
dered a halt, during which he had appealed to
the Secretary OF War for instructions. The
Secretary referred the matter 10 the legal Of
fcers Of the department. who advised him that
the Foraker act applied only to franchises of
more than municipal extent and that the mu-
nicipality of Havana had fun right to rent
lease or sell its property to the Jai AIai if it so
chose. Secretary Root advised General Wood
to this effect and the Military Governor prompt
Jurisdiction in the case.
The Secretary of War further testified that
all the laws of which Rathbone and his attorney
complained had been put into effect before
RathbOne.s defaIcatjons had come to the knowl-
edge OF General Wood. with one exception. and
that the exception had been used to Rath-
bones advantage rather than TO his detriment.
Mr.. Root added that even the high bail. S25oOO.
which had been required Of Rathbone had been
dictated ny Mr.. Root. himself. he had rea-
son TO believe that the guilty official con-
templated flight from Cuba.
Secretary Roots testimony throughout not
only exonerated General Wood, but placed the
opponents of his confirmation in SO unenviable
light as 10 lead many members of the Senate
to believe that the attack on General Wood and
the virulence Of the opposition would prove a
boomerang 10 those who had COuntenanced and
abetted it, The desperate character of the ta-
tack and the concerted effort to deceive the pub
lie through the press are held TO be understand
able only in view Of the fact that the opposition
appreciated that IL had no legal or moral right
10 oppose General Woods confirmation and felt
compelled 10 resort to the questionable methods
which. it is alleged. have been employed
The conclusion of Secretary Roots state
rnent tonight ended the committee hearings,
and not more than two members OF the COM
mittee Scott of West Virginia and Black
burn OF Kentucky will vote against a.
publican and Democratic, maintain that. in
Justice TO themselves and in support of their ac-
ton. they viii insist on making public all the tes-
timony which has heen heard by the committee
and that they will do so with the full confidence
that the public viii approve their stand and
condemn the attempt which has been made TO
besnirch the character of General Wood and TO
repudiate and reflect on the administration.