Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-03
DISMISSED NAVAL CADETS.
President Sends a Communication tt
Committee Chairman.

The President today sent to the chair
man of the House committee on naval af-
fairs the following communication:
The White House, Washington, May 8,
1906
''Sirs-1 inclose for your consideration
and that of the committee on naval affairs
the draft of a bill submitted by the Navy
Department authorizing the reappointment
as midshipmen at the Naval Academy of
Worth w. Foster, member of the first
class, and George II. Melvin and Richard
L. DeSaussure. members OF the third class
who were recently dismissed for hazing
The bill provides that each of these
young men. when SO reapponted, shall be
turned back one year
After careful consideration OF the his
tory of the recent trials for hazing at An
napolis l am satisfied that In the case Of
each OF these young men justice and the
interests of the naval service will be best
served by making the punishment in effect
a reduction to the next lower class at the
academy, involving loss of numbers with
corresponding loss of rank and pay, In his
later naval career. rather than complete
severance from the service by dismissal.
las the committee is well aware, under
the drastic provisions of the old law (act
OF June o. 1874 10 Stat BOB: and act OF
March =. 1903 81 Stat, 1l9St4t became the
| duty of the superintendent of the Naval
| Academy to court-martiai midshipmen who
| committed any act of hazing, without re-
| gard to its character, whether grave or
| trivial. He had no discretion. II the court
| found the accused guilty, sentence of dis
| missal made mandatory by the stat
| utes. without regard to the facts DEVELOPED
| by the testimony or the degree of the Of
| Tense. The court was without discretion to
| fit the punishment to the crime, and there
was no authority vested with the power of
| review. Subject to these infiexible statu-
! tory requirements the midshipmen in ques-
| ton were tried, found guilty and dismissed
| the cases not being brought to my atten-
| ton until too late for me to exercise the
pardoning power.
| Congress. after investigation of the mat
/ ter by q subcommittee of the committee on
! naval affairs. and after full and careful
| scrutiny of the subject. has. by act APP
| proved April Q. 1905. most wisely done away
| with the infexible features of the law and
| has conferred measure of discretion upon
| the superintendent, upon the Secretary of
| the Navy and upon the President in the
| disciplinary administration OF the Naval
| Academy. The acts OF hazing disclosed by
/ the records OF the courts-martial In the
cases OF Foster Malyin and De Saussure
| were of such nature that, under this stat
| ute of April 8. 1906. which may be consld-
| cred as giving the present views OF the
Congress In the matter, they would have
| been appropriately punished by reduction
to the next lower class, as provided In the
inclosed bill. The punishment of these
| young men In such manner would be am
| pie: 1t would be In accordance with the
spirit OF the new enactment on the SUBJ
1ect, and would be wise and discriminate
| ing act of justice, preserving to them the
career of their choice. and to the navy
| their much needed services for which they
are in part trained. /, therefore. commend
the measure to favorable consideration by
| the committee.
1T has been deemed advisable to provide
In the proposed bill that when they re-
| enter the academy these young men shall
be treated as additional to the number oi
| midshipmen now authorized by law Very
truly yours. THEODORE ROOSEVELT.
ITO the Chatrmen Committees on Naval
/ Affairs, Senate and House Of Repre-
10 sentattves."