The Washington herald., 1907-03-23
KOEHLER CLEARED;
PRESIDENT DISSENTS
CONTINUED FROM FIRST PAGE.


ton to the language used Ia It and sub
hitting the question Of disciplinary pro-
ceedinRa for such language to the depart
ment The acting judge advocate gen
ertl rendered an opinion IN which he
showed conclusively that the language
used was disrespectfui and insubOrdinate,
and could only be Justified by clear and
distinct proof of the facts stated. Ac-
cordingly sthis department directed the
division commander 10 file charges
against Capt koehieT and 10 bring them
TO trial before a court-martial appointed
by the President.
''The court-maTtiai was appointed and
three charges were filed, which, in fact,
charged Capt Koehler with conduct
prejudieial 20 good order and discipline IN
using disrespectful language in the ap-
peal. second. with conduct prejudicial
to good order and discipline in being in
subordinate by the uss of such language,
and. third. with concuct unbecoming an
officer and "a gentleman in making un-
founded and malicious statements derosa-
tory TO his commanding officer.
Captain Now Acquitted.
THE second c0urt-martlal has acquitted
Capt. Koehler and the finding OF acquittal
now comes before you as the reviewing
authority for action either in approval or
disapproval I have read the proceedings
Of both courts-martid. The proceedings
o the FIRST court-m.rtial were embodied
IN the record Of the second court-martial
I have no hesitation IN saying that after
a fun consideration Of the matter that
the finding Of the first court-nartial that
Capt. Koehler was guilty Of fling cap
his commanding officer was fully sus-
tanned. His statement in his appeal that
he was practically denied counsel cannot
be supported. He might have had counsel
had he been willing 20 take any but two
persons. who were otherwise engaged on
public business. The charge that the de-
partment commander was the arcuser or
prosecutor N the first trial was an
founded. and based solely on the ground
that he directed a court-martial on the
charges of Mai. Scott after an inspector
had reported that the charges of Capt.
Koehler against Mai. Scott were an
founded
Reprimand Was Justified.
Considering the evidence Of the first
lcourt-martial. l think the language of the
| lreprimand was sumciently within the
AilAtAAH UiA TIE FNAAfllFs tt EAAHAinE
Of the application for court Of inquiry
was within the legitimate discretion of
/ the commanding officer, and as the mat
/ ter could be much more shortly disposed
I Of by the court-martial rather than by a
court of inquiry, the action of the COM
lmanding general could not be made the
/ basis for a claim that ne was malicious
or unfair in his ruling upon that applica-
ton.
/ Il have gone over these matters care
fully for they constitute the whole foun-
dation of the charge made in the appeal
/ lagainst Gen. Wood by Capt Koehler that
/ he was unfair and unjust. and would
/ resort to any means to harm Capt.
koehler and protect Maj. Scott Until
the contrary is shown, the presumption
/ of good faith attends all officers civil
or military. in the performance of duties
with which they are charged by law. No
! evidence other than as outlined, was sub
mitted by the accused in support Of the
I Iaspersions contained I'm his appeal. except
/ the fact that Mai Scott and Gen. Wood
! had previously friendly associations, in
that Maj. Scott had been upon Gen.
Woods staff and that Gen. Wood had
/ recommended him for the position of
/ brigadier general The mere fact that a
| commanding officer is a friend of a prose
cutting witness does not prove that his
action in ordering court-martial or sus-
tanning its findings was prejudieed or ma
/ iicious. IT was in evidence that Gen.
Wood had only the slightest acquaintance
with Capt. Koehler, and no occasion foT
I personal feeling against him.
Net Supported by Evidence.
after much consideration 1 am con-
vineed. in view of the admitted response
Ibnity Of the defendant for the language
of the appeal. that this finding of the
court involves affirmative differences and