The Montgomery advertiser., 1907-03-23
SIDES WITH HIS FAV0RITE Roosevelt After Woods
 AccuSer. HE ROASTs C0URTMARIIAL Koehler Said General Wood Dis criminated Among Officers. strenuous President Jumps Up sna Down and writes Thinss Re- cause of Reaection on His
 Former Commanders.
 
HE RoAsTs coURTMARIIAL

Washington. March 22.--President Roosevelt tonight announced his disap- proval of the findings of acquittal In the case of Captain Lewis H. Koehlers 4th Cavalry. United states army. cav- airy commander at Jolo. P. I.
 Captain Koehler was charged with using disfespectful language in an ap- peal from the action of General Wood. the division commander. who repri- manded Captain KoehIer for making charges against Major Scott. commando ing officer at the Jolo military post and Civil Governor of Joio. Koehier was charged also with conduct unbsconinR an officer and gentleman In making nr- founded and malicious statements rec garding his commanding officer. and with characterization.
 The first court-martiaI rentenced him to be reprimanded and the second court- martial acquitted him.
 The Presidents order follows:
 The White House,
 Washington, D. C.. March 30
 The proceedings, findings and acQntfs tai in the case of Captain Lswin M \ Koehier, 4th Cavalry, United States army. are dlsapproved. l entirely con-
  says of Captain Koefler and of Gen- eraf Wood. and of the poor showing made by the court which last passed on the case.
 Theodore Roosevelt
 Secretary Taft in his letter says
 Captain KoehIer Is an officer with an excellent record for courageous ser vice in the field and for attention k0 duties generally. He distinguished himself at the battle of Mount pajo. Captain Koehler made himself very am moving to Major Scott by captfous in sistence that Major Scott should ba in his office at certain times and should discharge his duties as military post commander with the saxne degree of promptness that he would hava dona had he not the additional dutsee of civil governor. The friction bekwenn fhm two efiicers became % great that Eap4 tain Koehler filed charges against Ma jor Scott
 GenasaI weeds views.
 Major Scott later fisd chargeB against Captain Koehier. A court-mar- tial found Captain KoehIer guilty of preferring captious and unnecessary charges against his commanding officer and in reprimanding him under the sen tence of the court-martiai Genefak Wood declared that Captain Koehlef'a conception of tho standard of conduct and uprightness as they exist in tho army were QlSNOTte0 Lu A GeAfE& not found Tn the just and fair r-minded; ;. and that he had cultivated those habits of true soldlerly subordination which the evidence in the case showed him to lack"
 Captain Koehler appealed. though the law does not specifically provide for such remedy. to the Secretary oe War, alleging that he was practically denied counsel; that the department commander was the accuser or prosecu- tor and that the court erred in 0ver- ruling the plea In bar of trial based pn that fact: that the reprimand was harsh and excessive and that an Application for a court of inquiry on the charges made against Major Scott were denied. and characterizing the department commanders acts as unfair, unjust and illegal.
 Referring to the reprimand by the reviewing authority he said that "the severity, even to hArshnesss of the rep- rlmand administered shows prejudice, bias. unfairness and preconceived conviction that l was guilty as orig inally charged"
 Tn commenting upon the trial ho said: T was harassed and handicap ped because the feeling that I was helpless and at the mercy Of Hu- perior who would make use of every unfair advantage to harm me and t0 protect his own personal friend. Ma jor Scott"
 General Wood called the attention of the war department to the appeal ana submitted the question of disciplinary proceedings. A court-martial was then appointed which acquitted captain Captain Koehler. Continuing. Seere- tary Taft's letter says:
 Taft With Teddy.
 s.I have no hesitation in saying, at- ter 4 full consideration of the natter that the finding of the first court-mar- tial that Captain Koehler was guilty of filing captious and unnecessary charges against his commanding orA~ cer waS fully sustained. Ills state ment in his appeal that he was prAc- ticaliy denied counsel cannot be sup ported. .,... U . vinced in view of the admitted Tespon- sibility of the defendant for the lan- 0uaqa of the appeal, that this finding of the court involves affirmative infer ences and conclusions or .aSt tnat can not be supported by the evidence.
 .eYou. aS the reviewing authority, are nut in this posltlon--thAt If you Ap~ prove the findings you necessarily af- firm or approve the statement defo8- storv to General Wood, and If you SO annrove these statements. then tt would become your duty. as commander-in- chief to order General Wood before a court-martial for perverting hts pow CT as department commander 70 aceom- nlish an unjust and unfair purpose against his subordinate officer You cannot fin justice to General Wood find any evidence in the record to sustain the bringing of such proceedings
 s'The question, then, remains, what G to he done? A reviewing authority may mitigate a sentence. but it eean- not change a finding of acduittal to one of conviction. It can. however. in any case. disapprove the entire proceed ing. The effect of this Is to set aside inc proceedings as if they had not been
 ''By this course, you, as the review tpg authority, are not involved In the logical consequences with respect to General Wood which must follow an enprovaI of the sentence as already oEpiainad and Captain Koshler Is sim pIy restored to duty This is the view af the fudge advocate general. in whose l recommendation l fully Concur Very respectfully, William H. Taft.
 aeeretarx of War,