The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-23
SAYS WOODS RIGHT,
ARMY COURT WRONG
Roosevelt Disapprove8 of Ac-
quittaI of Captain koehIer
DISRtSPECTFUL LANGUAGE
Cavalry Commander With Record of
Courageous Service Says He Was
at the Mercy of His
Superior.
DISRESPECTFUL LANGUAGE

superior.
Washington, March % - President
Roosevelt tonight announced his disap-
proval of the findings of acquittal In the
case of Capt. Lewis II. Koehler. Fourth
cavalry, U. S. A.. cavalry commander at
Jolo, Philippine Islands. Captain Koehler
was charged with using disrespectful lam
guage in an appeal from the action Of
General Wood, the division con mander,
who reprimanded Captain koehler for
making charges against Major Scott,
commanding officer at the Jolo military
post, and civil governor of Joo. Koehler
was also charged with conduc! unbecom-
Ing an officer and gentlenm in maxi
ing unfoanded and malicious statements
regarding his commanding offcer, and
with characterization. The frs courtmar-
tiaI sentenced him to be rorrinanded and
the second courtmartial acquitted him.
The Presidents order follows:
"White House. Washington, March %.
THE proceedings. findings md acquit-
tai in the case of Capt. Lewis NJ. Koch
| Ter, Fourth cavalry, u. S. A. are disap-
proved. | entirely concur in Ill that the
| Secretary of War says of Ca)tain Koch
Ter, and of General Wood. and OF the poor
showing made by the court which last
passed on the case.
THEODORE ROSEVELT.'
Secretary Taft in his lette says:
Captain Koehler is an officer with an
| excellent record for couragous service
In the field, and for attention to duties
generally He distinguished himself at
the battle of Mt. Dajo. CaItain Koehler
made himself very annoying to Major
Scott by captious insistence that Major
Scott should be in his offie at certain
times, and should discharge mis- duties as
| military post commander With the same
degree of promptness that ht would have
done had he not the additional duties or
civil governor. The friction between the
] two officers became so great that Captain
Koehler filed charges against Major
| Scott"
| Charges Against kehler.
| Major Scott later filed chsrges against
| Captain Koehler. courtnartial found
Captain Koehler guilty of pIeferring cap
| tious and unnecessary chTges against
ME cofn,napding oaf, es, aud Al reprlmalias
/ ing him unsier th scateuo0 of ere court
martial, Gen. Wood declared that Capt.
! Koehler's conception of the standard of
/ N'A"S NN--~N -
| the army were distorted to degree,
and not found in the just and fair-inind-
| ed" and that he had mot cultivated those
habits of true soldierly subordination
which the evidence in the case showed
| him to lack
| Captain Koehler appealed though the
| law does not specifically provide for such
a remedy, to the Secretary to war, al
| leging that he was practically denied
| 4. fbot 10 Ianartmpnt commander
| was the accuser and prosecutor, and that
| the court In overruling the plea did SO In
| bar Of trial based on that fact; that the
reprimand was harsh and excessive, ana
that an application for court of In
quiry on the charges made against
| Major Scott were denied and character
izing the department commanders acts
as unfair, unjust and Illegal
Referring to the reprimand by the re-
viewing authority, he said: The Sc
verify, even to harshness of the reprl-
| mand, administered shows prejudice, hias,
| unfalrness and a preconceived CONVICTION
that | was guilty as originally charged.
At Mercy of Superior.
In commenting upon the trial he said;
II was harassed and handicapped by
the feeling that / was helpless and at the
mercy of a superior who would make
use of every unfair advantage to harm
me and to protect his own personal
friend, Major Scott
General Wood called the attention OF
the war department to the appeal and
submitted the question of disciplinary
proceedings A courtmartial was then
appointed which acquitted Captain Koch
Ter. Continuing Secretary Taft's letter
says:
II have no hesitation in saying after
a full consideration of the matter that
the finding of the first courtmartial that
Captain Koehler was guilty of filing cap
tious and unnecessary charges against
his commanding officer was fully sus-
tanned. His statement in his appeal that
he was practically denied counsel can
not be supported
after much consideration ! am con-
vinced in view Of the admitted response
bilty of the defendant Of the language
of the appeal that this finding OF the
court involves affirmative inferences and
conclusions Of fact that cannot be sup
ported by the evidence. You, as the re-
viewing authority, are put in the posi-
ton that Il you approve tie finds you
necessarily affirm or approve the state
ment derogatory TO General Wood, and
If YOU do SO approve these statements
then it would become your duty as COM
mander-in-chief to order General WOOD
before a courtmartal for perverting his
eomplish an unjust and unfair purpose
against his subordinate officer. You can
not i'm Justice to General Wood find any
evidence. in the record to sustain the
bringing of such proceedings.
"The question then remains what is
to be done? A reviewing authority may
mitigate sentence, but it can not
change a finding Of acquittal to one of
conviction. II can, however, in any case
disapprove the entire proceedings. The
effect cf this is to set aside the proceed
ings as if they had not been commenced
BY this course you, as the reviewing au-
thoritv. are not involved in the logical
consequences with respect to General
Wood. which must follow an approval of
the sentence as already explained, and
Captain Koehler is simply restored to
duty This is the view Of the Judge aavo-
cate general, in whose Communications
1 fully concur. Very respectfully,
"WILLIAM Fl. TAFT,
Secretary CT War"
Assistant Postmaster General.
lu,.,;,,,trn March 12-A r..