The Montgomery advertiser., 1905-12-20
CANNOT FIRE
 MIDSHIP MEN Secretary Of Navy Lack
 ing in Power. SEEKS AID OF CONGRESS Coffin and Vandiver Will Be
 Courtmartialed. Attorney General Moody win Render Formal opinion and The. wm
 Follow .. Eaort se Get
 Ria of Hasers.
SEEKS AID OF CONGRESS-

to dismiss Midshipman Conn and yan- dever. charged with hazing and com- picity in hazing Midshipman Kim brough. This Information was convey ca to him today by Attorney General Moody. 4ss N X n -4 A few days ago Secretary Bouaparfs submitted to the Attorney General the abstract question as to whether a cadet must be tried by courtmartiaI as A condition precedent to his dismissal from the Academy. He did not name the two midshipmen above referred to, but he did state that q case had re- gently arisen at the Academy wherein two midshipmen had hazed another To- day the Attorney General told the sec- retury that his conclusion was adveree to the asserted right of the Secretary to dismiss a midshipman and he prom tsed to supply an opinion in full legal Term within short time.
 It 's now the duty of Admiral Sands. Superintendent of the Academy. to or der Cofin and yandever before a court martial under the terms of an act of 1874, and If they are convicted of hax- ing they must be dismissed from tho Academy. He will be instructed to this erect as soon as the Attorney Generals formal opinion Is received at the Navy Department Secretary Bonaparte Is seeking legislative authority to mako dismtssals himself in such cases hut such legislation would not be ratroank- i've or affect the two midshipman. | Today he sent the following letter to senator Hale and Representative Foss. chairnaen respectively or the Senate and House committees on Naval Affairs: Letter to Hale and Foes. T learn from the Attorney General | that in his opinion, of which he showed the rough draft. he will hold that the act of 1903 does not repeal the act of 1874 relative to hazing at the Naval Academy. and that the penalties irn- posed 6y the later act, like those ifn- posed by the earlier, can be inflicted only upon midshipmon found guilty bv courtmartial of the ofTenses named He will hold further that the act Of 1874 Is mandatory in requiring the Superintendent of the Academy to cor- vene q courtmartiai whenever he Is in- formed of facts indicating that any of the midshipmen have been guilty of the practices mentioned in the act, and st necessarily follows that no discretion is vested either in the court, the Super- intendent of the Academy or the Sec retary of the Navy as to the punish- ment to be inflicted
 This opinion will. in my Judgment. make 1t very difficult to deal satis- factorily with these objectionable prac- tfces. The necessity of establfshfnw beyond reasonable doubt the guilt Of the parties accused, by evidence satisfactory to court martial, will cause greRt uncertainty and delay in enforcing tho law. and the term Haz- ing as defined in previous opinions of the attorney general, includes offenses varying so greatly in their essential criminality that punishment which might be inadequate for some would seem to any dispassionate person ex- cessive and unreasonably harsh for others.
 Tn my Judgment. it is essential to tho proper discipline of the academy and especially necessary for tho eraif- cation of these abuses. that discretiop- ary power of summary dismissal of midshipmen should be vested in the he has been generally held to have this power and 1t has been frequently exercised by my, predecessors. and in at least one instance by myself.
 "As stated in my annual report. however 1t has recently been ques- tioned in suit now pending in tho court of claims Moreover under the construction which the attorney gen. eral places on the acts of 1874 and 1903, 1t will probably be held that this discretionary power, if it exists for other offenses against discipline and good order, is taken away when the offense charged is hazing.
 Under all these circumstances, feel. ing as naturally do, very serious con- cern for the welfare of the naval acad- emy. and knowing that this solicItude Is shared by both houses of congress. venture to suggest the advisiabiiity of securing, if possible, the immediate enactment of statute containing in substance the following provisions:
 The secretary of the navy shaIi have power and authority, In his dis erection. to dismiss at any time from the United States naval academy any midshipman whose continued presence at the academy he shall deem con. trary to the best interests of the ser- vice.
 All acts or parts of acts inconsis- tent with the present act, are hereby repealed.
 This act shall take effect from the date of it's approval and shall apply to all midshipment now connected with the United States naval academy or who shall hereafter be connected there- with.
 T feel that if the authority of the department to deal summarlly and in its dicretion with infractions of disci- pline and good order and more espe- cially of the laws and rules against hazing at the naval academy shall be thus clearly and authoritatively estab- lished, no serious difficulty will be found in suppressing the highly obtec- tionable practices there. As I think the subject demands prompt action in the public interest. l submit the fore going for your consideration without waiting the formal opinion of the att torney general, which will probably reach me tomorrow"
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