New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-21
ARMY AND NAVY NEWS.
Supreme Court Decision Surprises
the Army.
From The Tribune Bureau.

washington. May 70.
MAY NULLIFY MANY SENTENCES.-Great
violence has been done to long standing military
practice and tradition by the decision of the
United States Supreme Court in the case Of Lewis
, E. Brown. Brown was a negro officer In an I'M
mune regiment in Cuba, and he was brought De-
fore a military court charged with various Of
fences, including gambling with come enlisted men.
He sentenced dismissal. and the sentence
duly approved and carried into effect Brown
alleged that he had been Illegally tried, on
the ground that in the composition of the court
martial OF the members was an officer of the
regular esta blishment. although he was holding a
commission in the volunteers. The nth article OF
war provides that in the trial OF volunteers none
but volunteers shall serve on the court The war
Department has always maintained that a regular
officer holding volunteer commission vol
unteer. since he drew the pay OF such and eXer-
cised the command of his volunteer rank The Su-
preme Court decided that this is rot so, and that
the officer is still of the regulars and not competent
70 sit on the court for the trial of accused
volunteer officer or enlisted This is surprise
and shock TO the military authorities 1t VIII re-
may be- of those courts held in 1895 and 1889, when
many trials of that sort where the court was COM
posed in part OF regular officers VINO We're OF TUE
of the volunteers than Of the regulars and so quail
fed TO sit on the volunteer court 81 nrfeture Of
pay. etc will have TO be refunded. and no one IS
he Trsasurv viii extend Then it is possible that
the records will have to he changed so as ~ lis
missaI imposed by those courts. The appncau,on
Of the decision ms esar 60 who served in voun
shall pay back TO the government the ulIe1
their volunteer commissions, since the supreme
Court decides they are not ana meyer amItedv an
extreme one and those In authority are NOT wlins
possible construction TO, put on the deeis; Hni
handed down by Justice Holmes Mo ana its court
martial records has been made in many years 1t
cision can be definitely ascertaned In the mean
time. there is chance that the goyernInenrt VIII
9Iesv 20 Of the decision is such as to make change
in the ruling doubtful under the circumstances
GOVERNMENT TO FINISH THE CALIFORNIA.
The Navy Department to-day received formal
notice from the Union Iron Works at San Francisco
of their inability. owing to labor troubles. to ex-
ecute the contract for building the ermored cruiser
must Complete the ship under the conditions laid
down by the contract
ORDERS IssUED.-The following orders have
been issued:
Major JOHN s GRIsARD Cetred). from Cuba to his
FRS, f0 Lieutenant GEORGE NJ HoLLEY 4th Infantry,
from detail as captain 2sth Company. Philippine
1,eusenan; Colonel fRHNGs H HARDIE Cavalry
Cap.ain ASTON HAMILTON coast artillery to Fort
Lieutenant Colonel JOHN c MI-HLES BERG g. deputy
paymaster general, from Washington to san Fran
cisco as chief payroaster. Department OF California
NAVY
''' olonsaPo TO navy yard Mare Island FOR special
Temporary iuty; thence home and await orders
Civil Engineer A. CARLSON. detached Navy Depsrt-
rnent; TO naval station. Olongapo juno 8
Assistant CIVIL Engineer r 3. FCRBER % bureau or
yards and docks. Navy Department, for special duty
MOVEMENTS OF WARsHIPS.-The following
movements Of vessels have been reported 10 the
Navy Department:
ARRIVED
May 1s-The Triton Norfolk; the Tennessee az PROV
incetown; the Sandovsl. al navy yard New York the
Concord Pssoda Anchorage the Chicago. Mt san
Dubuque.
May IeTas Stewart and the Yankton, at North River
the Eagle a Guantanamo: the Marcellus. At Bslt-
more: the Chattanooga at Shanghai; the Wasp. at
Mobile
May 2o-The Helena. at Annoy.
SAILED.
May Is-The Yorktown from Punts Arenas. Costa Rica
Panama: Denver and the Cleveland, from
Tompkinsvls Gibraltar; thu Rocket. from Norfolk
from Shanghai for NRnkinE; the Saturn. from Mare
Island for Diego; the Stewart. from Norfolk for
North River
MAY 19-The Dubuque, from Guantanamo for San Juan:
The Yankton. from navy yard, New York, for North
River; the Boston from San Diego FOR Mare Island
the PrebIe from San Diego for Mssialena Bay. the
Helena from FOR Annoy
May 2o-Ths Alexander. from Cavite FOR CheFoo-