The Saint Paul globe., 1904-05-17

infantry, was president Of the court.
The judge advocate was Lieut.. J. M.
Love, of the Twenty-first. The mem
bers of the court We're Capt. Thomas
Ridgway, of the Tenth battery of field
artillery; Capt. E. f. McGlachlin, of the
Thirtieth battery; Capts. w. NJ Nor
row, r. HI. Van Deman, T. +. DWyer,
G. E. Hampton and Cromwell Stacey,
of the Twenty first; First Lieuts. M.
M. Weeks, T. L. Brewer, G. S. Tiffany
and L. c. Bennett, of the Twenty-first;
and First Lieut.. L. T. Boiseau, of the
Tenth battery.
Proceedings Are Reviewed.
Gen. Carr, reviewing the proceedings,
says:
If no authority to dispose Of the wagon
was granted to Lieut.. Kits, the disposal
actually made was unlawful and fraudu-
lent No authority was given to expend
the $2S as part payment for new wagon,
and the Enclosures disclosed no authority
for such disposition. The money, there
fore, was misapplied and the government
was defrauded. The voucher in question
was a false voucher.
The accused pleaded that his intent was
honorable and that he was trying to
serve the interests of the government.
But the Intent is immaterial.- 1t is the
| duty of a court-martial to know when a
penal statute is violated. "The intent may
| be considered in mitigation of punish
! ment, but cannot be relied upon as a
| legar bar against conviction Suppose a
constructing quartermaster, having $4,000
/ to his credit for repairing officers quar-
| ters, should decide that new buildings
would be preferable, and suppose he
| should use the $4,000 for constructing
such buildings under the authority granted
| him for repairS-would his vouchers be
correct?
If every officer of the army were to
decide for himself, regardless of authority.
what he considered would be best for the
government, and then act upon that de-
cision, what would become of the rules
: and regulations of the army?
Fixes Standard of Conduct.
The reviewing authority is unable to
/ sustain such violation OF rules by any
| officer of the department. A straightfor-
ward, honest and upright standard of
conduct must be paramount to all other
considerations Any departure from this
course is menace to the discipline upon
which the army Is organized and main
/ tanned. Otherwise the army, falling from
| its high standard of honesty and integrity,
| will become an organization in which
] officers cannot be entrusted with the care
| of public property, or with the disposition
of public money, without giving bonds to
| reimburse the government against prob
Instead of being intrusted, as they have
| been from time immemorial, with the
performance Of their duties, safeguarded
| only by their certificates on honor, officers
will be hampered by the restrictions pre-
vailing in commercial life.
Should the time ever arrive-as 1t is
| hoped and believed it will nOt-when the
word of an officer will cease to be as
good as his oath, or when his word has to
| be confirmed by his own oath or that of
| someone else, the standards on which the
| army has relied for SO many years will
| no longer prevail, and the disastrous re-
suits may be better imagined than de-
scribed
The findings upon the first and second
specifications of the first charge, and upon
| the third specification of the second
| charge, are disapproved. The findings
upon the first and second charges are
disapproved. The acQuittal is disap-
! proved.