Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-30
WORD OF AN OFFICER
GEN. CARR SAYS THAT 1T SHOULD
NEVER BE FALSELY GIVEN.
Inaccurate Voucher Filed by Lieut.
Kitts-Acquitted Because His Mo-
tive Was Good-Reprimanded.

General Carr, commanding the Depart
ment of Dakota, administered severe rep
riniand to First Lieut.. William p Kits,
21st Infantry, and also criticised the court
martial which acquitted the officer named
of various alleged offenses against the army
regulations.
1t appears that Lieutenant Kits expended
SIS that had been set apart for repairing
a government wagon in part payment for
new spring wagon and In his voucher de-
clared that he had used the money for re-
pairs. as authorized. The facts were adj
mitted by the accused. who testified that
he had no idea of defrauding the govern
ment that he thought he was beneffting
the government in the transaction which
included trading the old government wagon.
The court after listening to argument by
the counsel for the accused wherein he
stated that as no one had been defrauded
that there could be no fraud, and that the
transaction of the accused was therefore
not fraudulent, found the accused not
guilty of all the charges and specifications
and he was acquitted
Maj. Harry A. Leonhaeuser. Dist Infan-
try, was president and First Lieut. James
M. Love was Judge advocate of the court.
which held its sessions at Fort Leaven-
worth, Rams. General Carr reviews the
proceedings of the court and makes the
following comment:
Duty of Court Martial.
1T is the duty of a court-martial to well
and truly try and determine. according to
the evidence. the matter before them. II
is also their duty to know that where
penal statute is violated. the intent of the
officer, whether innocent or fraudulent. is
immaterial. His intent. IL innocent, may
perhaps be considered in mitigation of pun
ishment but cannot be relied upon as le-
gal bar against conviction Where the APP
plication of funds is one not prescribed or
authorized by law, the offense Is complete.
Where the misappication OF government
property occurs, the party to the transac-
ton is liable.
"If each officer of the army is to decide
for himself. regardless of authority. what ID
to bene.lt or 10 be of an advantage to the
government and act thereupon. the rules
and regulations of the army have become a
nulity. No subordinate can properly take
upon himself to decide what is best re-
CARELESS of the directions of his superior.
Subversive of Discipline.
1.-THE reviewing authority is unable to
sanction such practices among the officers
of his department. A straightforward.
honest ard upright standard Is that which
must be paramount to all other considera-
lions. Any deviation from this course is
menace to discipline. upon which structure
the army is organized and maintained.
Where there is quibbling, classifying mis-
representation, no matter how honest or
dishonesl the motive may be. there is no
discipline, and the army. falling from its
high standard of honesty and integrity,
will become an organization in which Of
ficers cannot be intrusted with the care OF
public properly or the disbursement of pub
lie morey without giving bonds to secure
the government against probable loss. In
stead of being instructed, as they have
been from time immemorial, with the per-
Torrance of those duties Safeguarded by
their certificates on honor only, as to the
correctness of any transactions, to make
Ii satisfactory and acceptable to their su-
periors, they will have to be hampered by
the restrictions prevailing in commercial
life, resulting in the complication of admin
istrative duties and the undermining or
destruction of discipline.
Should the time ever arrive-as 1t is
hoped and believed 1t will not-when an
officers word ceases 10 be as good as his
oath, CT has to be confirmed by his own
oath or that of some one else, the corner
stone of the foundation upon which the
army has proudly rested for so many years
Will have been removed and the disastrous
results may be better imagined than de-
scribed.
specifications of the first charge, and on
the third specification. second charge, are
disapprOved
THE findings on the first and second
charges are disapproved.
THE acquittal Is dssapproved
Orders have already been issued releas-
ing Lieutenant kits from arrest and re-
storing HIM to DUTY"