New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-07
ASKS NEW HAZ[NG LAW.
Says Penalty Is Noso Inequitable-
Ihirty-three Cases Pending.

washington. Feb. 6.-The President to-day
made public letter urging upon Congress
modification of the law against hazing at the
Naval Academy Unless Congress shall prompt
ly amend the existing law against hazing which
makes mandatory the dismissal of any mid
shipman found guilty of any form of hazing,
the Secretary of the Navy may be forced to dis
miss thirtythree midshipmen from the Naval
Academy within the next month. in addition
TO the eight who have already suffered this
penalty and the three awaiting the
action OF the department.. Secretary Boneparte
AFTER urging on individual members of Congress
the need of immediate legislation finally laid the
whole matter before the President
1t is admitted at the Navy Department that
If the present law is allowed to stand the SER
vice will suffer severely.
The investigating board has left with the
superintendent of the Academy evidence against
thlrty-three other midshipmen. who will proba-
bly, be ordered for court martial. The law will
compel the dismissal of each midshipman found
guilty. Included in the list are midshipmen
whose records otherwise above reproach.
among them members of the first class. who will
be graduated next week. and a number related
to prominent members of Congress.
Two more midshipmen of the third class were
dismissed to-day the result of court martial
findings. They are Richard t. De Saussure, of
the LIST South Carolina District, and George
H. Melvin. of the 18th Illinois District.
THE PRESIDENTS LETTER
The Presidents letter which was sent to
Messrs, Hale and Foss, chairman of the Senate
and House committees Naval Affairs is as
follows
y have directed that pardon be issued to John
Paul Paul Miller a midshipman at the United States
and sentenced to dismissal from the academy. In
C q ms case my afternoon mas peen
the law on this subject. midshpman accused Of
or small, must be tried by court martial The find
ings Of such a court, If approved by the supertn-
cannot be reviewed by the Secretary OF the Navy
superintendent nor the Secretary of the Navy has
any discretion as TO the punishment to be imposed
II is declared that in all cases OF CONVICTION the
offender shall be dismissed and be ineligible for
appointment as a commissioned othcer OF the army
navy marine corps duEing specified time.
These provisions of law seem to me neither just
injury which fear may be done TO the discipline
OF me academy and even TO the ~ future efoienGy
force without amendment:
and. in common with all those interested in the
welfare of the academy, wish TO see this practice
thoroughly eradlcated there But the punishment
of dismissal is altogether disproportionate TO the
culpability involved in some forms Of hazng. In
many cases these amount TO nothing more than
exhibitions of boyish mischief attended with
indicating on the part of the hazers only some
exuberance of animal spirit Internationally they
hazng constitutes breach of the rules, and the
Of ali and as a foundation for all other merits
strict and unquestionlng obedience. But to punish
Concerned Of his career in life is to commit giar-
ing injustice Moreover IT frequently defeats me
fault to be forgotten In the sympathy felt for his
misfortune, SO that ii becomes hard TO get con
viction, and when one Is obtained the pressure rs
very great on Congress 10 pass law restoring the
ishment Of what may bq trivial offence may re-
suit in deprtying the government of a promising
p-Ec aflr1C
several thousand dollars.
DISMISSAL SOMETIMES UNFAIR.
I DO not mean that dismissal is too severe pen
bazng f, mere pretext f5r brutaity and involves
cruel and ignominoUs treatment OF the less expe1
should be glad TO see it punished even more
se,yeFey But il seems clear 10 me that to impose
offence, without any regard to the attendant cir
of MdshPman Miller the Navy Department in
recommending his pardon expressed the opinion
him with dismissal would be a greater injustice,
him go unpublished altogether. I share this opinion
and il has dictated my course in this instance
snp@ra A Hang by Court Tf1 ara rhsSe
once oar bd9W In deaI ummar
with such offences. In none OF our colleges uni
I3eeT 70 he an rv 70 ofber % npo1i5 he
teVd 30 be,n16 b1 81 dt sh4 4 zoe
tribunal of offence stated and established with
technical accuracy before he separated from
the institution. Such requirement would be dis
astrous the good order and discipline college
university. and there Is greater likelihood
Of its producing these unfortunate results our
academy.
Whether this discretionary authority should be
intrusted TO the Secretary Of the Navy or to the
superintendent subject to the Secretarys approval
to the academic council. with the like proviso |
is of altogether subordinate Importance. What |
seems TO be OF real moment and less real ur-
gency is that it should be lodged somewhere. and
that the present cumbrOus. uncertain and other
wise highly objectionable method Of enforcing the |
law against this particular offence should be done
away with. l objection, however. TO the |
departments being allowed in its discretion to try
midshipnen at the academy by martial for
hazing other offences. if by reason peculiar
circumstances the Secretary Of the Navy should
think this course proper to attain the ends of jus
tlce.
I have written TO you thus fully and frankly be-
cause I learn that there is under consideration
by your committee bill, perhaps several bills
intended remedy the present very unsatisfactory
condition of the law. l express opinion as to
any matters Of detail connected with this suggest
ed legislation. but 1 would see with much regret
the present session of Congress end without some
remedy being found for situation full of en-
barrassment for the Navy Department and of dan
ger for the best interests of the navy.