The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-05
AUSTIN ONCE HELD "UNFlT."
NOW GOV. HIGGINS HAS MADE
HIM HEAD or THE EIGHTH.
Commander OF the Regiment Now Reduced
to q battalion IL the Man whom q
Court OF Inquiry Denounced for Iis
C0nduct at the Battle OF Santiago.

TO q battalion IL the Man whom q
C0urt OF Inquiry Denounced Tor Iis
Conduct at he Battle OF Santiago.
Militiamen OF the Eighth Regiment.
N. @. N. Y, lave discovered that the Major
Elmore F. Austin whom Gov. Higgins has
put In command Of the battalion TO which
that regiment will be reduced on Decem-
Der 10. Is the same Capt. Austin who was
reprimanded by Gov. Roosevelt In 1890,
after a military court OF inquiry had pro-
nounced him unfit to hold q commission
INC said that he should be severely
punished
The members OF A, G and E, the three
companies that are to be wiped out. object
TO being mustered out in the fashion OUT
lined by headquarters. They have seized
upon Major Austin's wal record as possible
ammunition 10 their protestant nght.
Capt. Austin commanded the Second
Company Of the Third Battalion OF the
Seventy-first In The Santiago campaign.
How that regiment came 20 discontinue
on the day Of the assault on San Juan Hill
the u Of inquiry: .
Gen. Kent personally asked Capt. Elmors
F. Austin. Company l.. to take his company
to the front. Capt. Austin declined to do so
without an order from the battalion COM
mander, who was then at the head OF the
battalion and out Of hearing or speaking dis
lance, and notwithsta nding the fact that
Gen. Kent told Capt. Austin that II the Sevnty-
hrst Regiment could not 60 to the front. he
would sent 4 regiment that could. Capt.
Austin neither took his company to the front
In response TO the request. nor did he report
the conversation to Major Keck. His reason
given for this neglect OF his plain duty is that
Gen. Kent walked away Capt. Austin ap-
peared to be a man Of more than avera &c
intelligence, aud the court does not ACCEPT or
believe the reason given. and 10 Of the opinion
that q comma nding officer Of q company who
fails TO obey an order Of his division COM
mander. and. 10 addition. fails to report such
order to his immediate commanding officer.
is NIT to hold a commission. and shonld DO
severely punished.
The court further said;
we believe that under other commanding
officers, officers and men would have fought
as calamity as any who participated in the
battle. The consequences must fall on the
men who accepted positions they we're in
competent to MI. We make no rec
concentrations except as hereinbefore indl-
Gated in our criticism OF Capt. Elmore y.
Austin.
Austin's justification of his action was
that Gen. Kent was his division commander,
from whom he couldn't take an order direct.
To his mind, he told the court, IL would not
be to the best inter ests Of the regiment OF
the brigade.
When Judge Advocate William Ii, Ladd
reviewed the courts findings he decided
that the offences In the Seventy first were
violations OF duty rather han specific
exhibitions OF cowardice and that the officers
could not be couTt-martialled. Major-Gen.
Charles F.. Roe recommended that Capt.
Austin -be ordered before a board to eK-
mine into his capacity and general fitness
for the service By that time Austin had
become a Major and an engineer on Brig
Gen. George Moore Smiths staff. Major
Gen. Roe is the officer upon whose reCSn,-
mendation the Eighth Is now to he cut
down.
When Gov. Roosevelt passed on the
courts findings he said that Capt. Austin's
case puzzled him. The Captains own
words, Gov. Roosevelt wrote, seem TO
condemn him beyond redemption
but II appears that Capt. Austin was not so
grossly derelict in his duty as his words
would seem TO imply, and that he was largely
influenced by the fact that at the time It
seemed as IL the regiment was going for
ward. I do not feel like holding 10 the
severest accountability a subordinate officer
when the three highest officers OF the regi-
ment were exhibiting such misconduct,
and | shall merely recommend that Capt.
Austin be severely ~reprimanded..
-Paraly zed by bad leadership" was the
Governors fipal estimate Of the men Oi the
Seventy-hrst.