The Birmingham age-herald., 1905-12-20
CANNOT EAPEL
 TWO M|DSH|PMEN Secretary BonapaTts Receives Answer from Attorney General LEGISLATIVE ACTION NEEDED Wants Congress to Pass Bill at Once Giving Departments Full Power
 to Act In Hazing
LEGISLATIVE ACTION NEEDED

Washington, December 19.-Secretary Bonaparte has found that he has no power to dismiss Midshipmen Coffin and Vande- yer. charged with hazing and comphclty in hazing Midshipman Kimbrough.
 This information was conveyed to him today by Attorney General Moody. A few days ago Secretary Bonaparte submitted to the attorney general the abstract dues- ton as to whether cadet must De tried by courtmartial as condition prece- dent to his dismissal from the academy. He did not name the two midshlpmen above referred to, but he did state that a case had recently arisen at the aea- denny wherein to midshipmen had nazed another Today the attorney general toid the secretary that his conclusion was ad- verse to the asserted right of the secre- tary to dismiss a mdshipman, and he promised to supply an opinion In tuii legal form within short time.
 Today he sent the following letter to Senator Hale and Representative Foss, chairman respectively of the Senate and House committees on naval affairs;
 Letter Is Sent.
 sI 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 reiat- ing to hazing at the naval academy, ana that the penalties imposed by the latter act like those imposed by the earlier, can be influenced only upon midshipmen found guilty by courtmartia1 of the offenses named.
 He will hold further that the act of 1874 Is mandatory in requiring the superinten- dent of the academy to convoke court martial whenever he Is informed that any of the midshipmen have been guilty or the practices mentioned in the act, and II necessarily follows that no discretion IS vested either in the court, the superinten- dent of the academy or the secretary Of the navy as to the punishment to be in fiicted.
 This opinion will in my judgment make if very difficult to deal squarely with those objectionable practices. The neces- sity of establishing beyond reasonable doubt the guilt of the parties accused py evidence prior to courtmartial, VIII cause great uncertainty and delay in en- forcing the law and the term 'hazing as defined in previous opinions of attorney generals. includes offenses varying 20 greatly in their essential criminality that any punishment which might be made ouate for some would seem to any dispas- sionate person excessive and unreasonably harsh for others.
 Essential to Discipline. Tn my judgment 1t is essential to the nroner discipline of the academy, especial ly necessary for the eradication of these abuses, that a discretionary power Of summary dismissal of midshipmen should
 he vested in the Secretary of the Navy
 If Is true that he has been generally held
 to have this power. and it has been Ire ouently exercised by my predecessors and in al least one instance by myself
 "As stated in my annual report. how ever. 1t has recently been questioned In a suit now pending in the court of claims Moreover under the construction which
 the attorney general places upon the acts
 of 1874 and 190o 1t will probably be held that this discretionary power, if 1t ex<ts for other offenses against discipline and fense charged is hazing.
 Under all these circumstances. reel ing as I naturally do. very serious con- cern for the welfare of the naval academy and knowing that this solicitude is shared by houses of the Congress, I venture to suggest the advisablity of securing If possible the immediate enactment of statute containing in substance the fol- lowing provisions:
 'aThe Secretary of the Navy shall have power and authority in his discretion to dismiss at any time from the United States naval academy any midshipman whose continued presence at the academy he shall deem contrary to the best inter ests of the service
 All acts or parts of acts inconsistent with the present act be repealed.