New-York tribune., 1905-12-20
HAZERS MUST BE TRIED
Mr. Bonaparte Asks for Pooer OF
,Sal1nmQru Dismissal

washington, Dec 19-Secretary bonaps- s-,s,o1 -
found that he has power TO olshilSS nauF I I'D
rof7o and yanderveer, charged Win ha1ilte. ,rr,
oon,n1icitv in hazing Midsnipman klnlOEous, =, a.
information was conVeyeU ~ -
torney General Moody. ,,-ui++.d
few days ago Secretary Bonapdl'e -
n the Attorney General the ABSTRACT QueS'
- o+,,or cadet must be tried by court martial
bnfora his dismissal from the academy --,
A. zEoodv rronoised to supply an opinion III A
LOCAL form within a short time II Ia NJ" M 49,.
of Rear Admiral Sands, superintendent % -
academy to order Coffin and FanderVeeI . - = !
court martial under the terms OF an aol ~, dis
ff +beI are convicted of hazing they must n7 "-'
issa6 He will receive instructions as SUN %
che Attorney Generals formal opinion Is leoet1er
Secretary Bonaparte is seeking leglslaIlVe -
f+v to make dismissals himself IN such cas' 80
such legislation would not DC
these two nidshipmen. -. =.
n,c-dav Mr.. Bonaparte sent the following IetleF %
eenetor Hale and Representative JFoss' chall Ilei
Of the Senate and House committees on F>S'0- a.
fairs; -.
learn from the Attorney General draf4 a9f' he @ viii
pI the act of 1908 does not repeal I1I al
Of 1S74 relating d gbat TO the peaalties imposed
ASaoeS fSs afer act, like those imposed BY dne
ear }ouGd guilty by court martial OF me me
ofenceS named He viii hold fqr6hf[ fe I5 snoern
ae5 enent er Of the academy to convene c4uT{ mar
@ tlai @ of the midshipmen have been guilty OF
mentioned IN the act and II eti
elT R - fofioUys that no discretion Is vested eioI9
saIly ~ loUT' rt the superintendent of the academy
or the Secretary Of the Navy, aS " '+AS
fb TRs opinion qdgsIRff6 If6 aSs Ehass It obsc Hegy
dlfcuIt 10 foas Igs The necessity of establishing,
d preasonabIe doubt the guilt Of the parties
acGuseq cS s reaf uncertainty and delay in en-,
forcing law, and the term hazlns inclI1des
- ra7,ious oninions of attorneys general
offences varying so greatly IN Their he made
XNOuld to any QlSpdSoAO4Ass
person excessive and unreasonapiy mars" N'
In INV Judgment it is essential TO the proper @
discipline Of the academy ana esPGTanS P6G1sas that
discretionary power of summary dismissal OF te
shpmen should be yesfea IN tPe bse9 eneraly held
~ TSs,,a his power and it has been fTequelmlLig m
fnstence bv myself. AS stated in my annual ann5 re-
port however, it has recently peeIl t44iaj1ne nv
n % eit now pending in the Court OF CLAIMS ~ ~
reason of the provisions Of two sectIona ol [
Revised Statutes to waic c the preme Court
which the legal status Of midshlpnan Is NToTe ore
eT nder ID the construction which the Atto5ReS 5
General places upon the aGts %i 6ptionaTv pow
wan PtqDap+ + for other offences against discipline
and good order. is taken away when ''0
e431gge1 4rge1 Is a these circumstances feeling as
na' ne ~ z zNeJ,a1 Academy and knowing that tlls
a1icitS,de @ * shared by both houses of the Con
gTeSs. # nossfble the immediate enactment OF
statute containing. in substance the Iolo"iNs
he Secretary of the Navy shall have power t7e ae
,4iorifLy in his discretion to DISMISS at any L@S @
] t Inted States Naval Academy, any MD
sbi1nan whose continued presence at the ~
he shall deem contrary to the best interests ol '''
service. -. ,,r,sist ont with the
rresent act are hereby repealed 20 =,
SThs act shall take effect from the date or m II,
.,,rrova1 and shall apply to all midshlpInen, nov
esfad app with the United States Naval Academy
~ Who shall hereafter be connected therewltn1 :.
eel that If the authority cf the departneIlt tC
deal sumnarily and in its discretion with hlrac %
tons of discipline and good order ana more fs IN.
la and rules against ndlluB dl tA'
Naval Academy shall be thus clearly and autn9Tth @ d
+iTeI-r ecfsbIished serious difficulty WIN p'
oI'n3 in suppressfng the highly obJectonabl9 prac
tces there which have been 50 justly conoeillt' 4
mands prompt action in the publie interest 5o3
,1if tba foregoing for your consideration Niltlou
aiinp lItr the formal opinion Of the Attorney Gen
| eraj which will>probabiy reach me tomorrow