The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-19
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The White House, Dec. 1s. 1906.
TAFT ADDS HIS VIEWS.
He Can't Find Anything to Warrant a
Different Course.

WashlntO1, Dec. 19.-In reporting to
the president on the several cenate res
buttons of inquiry, Secretary Taft en-
ters into an exhaustive discussion Of the
law and the evidence in the case. He
quotes the authority for the presidents
action and with regard to the new eyi-
dence presented says he has examined
1t with care and that he does not find
anything contained in it which should
lead TO a different conclusion of fact
from that already stated in his annual
report
The affidavits," says he. contain in
substance the same denials of compile
ity or knowledge by the enlisted men
that were made to the inspecting officers
together with evidence intended to show
that there was an opportunity for per
sons not in the battalion to disguise
themselves in the cast off uniforms of
the enlisted men and to secure empty
cartridge shells and throw them on the
streets Of the town"
The suggestion, he declares, is SO gro
tesque In its improbability ana absurd
ity as hardly to call for discussion or
comment After stating that it is not
the practice Of inspector general.
in making investigations into questions
of fact, to set out all the evidence iii
sworn affidavits or dispositions, Secre-
tary Taft quotes from the fourth article
of war which he states contains the
statutory direction in respect to the dis
charge of soldiers.
The regulations recommended by
the president in carrying out this stat
utory provisions as well as excerpts
from higher decisions of the Judge adj
vocate general of the army. bearing on
discharges without honor, also are
quoted, the secretary adding. y
From the citations aobve given it
follows that one enlisting in the army
is advised first. that the president has
the right Il will to terminate the con
tract of enlistment; second that when
the contract of enlistment is terminated
at will the president may properly show
on the discharge that the service which
has been rendered has not been such
as to warrant re-enlistment. and, there
fore. IS not to be regarded as honest
and faithful, permitting re-enlistment
under the statute"
In answer to the contention which
the secretary says has been put forth
that the president had no power to
make the order of discharge, because,
If he has, he may disband the army
it is argued that there is a clear dis
tinction between disbanding com
pany, a battalion or a regiment and
the discharge of certain of its mem
bers. In the case OF the men of the
Twenty infantry, the secretary
says the order named the persons who
were discharged and did not embrace
all mem ers of the three companies
and that irnm ediately upon the dis
charge of the men an order was issued
filling up the three companies by
transfer fro mthe other companies Of
the regiment so that the services of
the companies are continued in the
army.
Secretary Taft instances a case
where some men of the Fourth cav
airy reused. to passion and violence
by the killing of one of their number,
lynched the person charged with the
crime"
In that case, he says, the judge adj
vocate maintained that there was noi
evidence to fix the responsibility for
the act and that the secretary or war
strictly speaking. had no authority to
disband the companies involved as