The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-15
JUSTICE" UNDER GEN. WOOD
SUPREME COURT FINDS LIEUT..
BROWNS DISMISSAL ILLEGAL.

II Was Charged That Wood, Then In Com
mand at Santiago, Had q Court-MArtial
Reverse Its Finding Of Not Guilty
-BroWn Receivers Pay He Forfeited.
WASHINGTON, May 1.-THE Supreme
Court, by affirming yesterday the illegality
Of the dismissal Of Lieut.. Lew E. Brown
from the Volunteer army in the Spanish
war, In effect approved the finding Of the
Court OF Claims that 1t was "a terrible
example Of military Justice for which,
according to the charges, Gen. Leonard
Wood was largely responsible.
Brown, while serving in Cubs in 1898, was
tried on charges Of conduct unbecoming an
officer and a gentleman by gambling with
the enlisted men Of his command, and was
acquitted. Gen. Wood. than in command
OF the Department OF Santiago, without
passing on the findings reconvened the
c~ourt-martiah which at his direction. II IL
found Brown guilty. The verdict was
approved by Gen. Wood and Browns dis
missal from the army followed in February,
1899.
In 1902 Brown brought suit in the Court
OF Claims for his salary from the date OF his
dishonorable discharge. amounting, with
the W. months extra pay given by Con-
Rress and travel pay, TO $6,625, alleging
that the action Of the oourt-martial in
his case was void because one OF the officers
who was Ineligible under the law to sit in
the trial Of a Volunteer officer and without
him the court contained less than the legal
number of officers.
He also charged that Gov. Woods action
in r~econvening the court was illegal. that
no notice had been given him CBrown) OF
that fact; that in effect he had been placed
i'm jeopardy twice for the same offence; that
the record in the case as finally approved
by Gen. Wood in some u"naccountable way
omitted the entire testimony OF the pr1ncl-
pal witness upon whom Brown depended TO
prove his innocence, mt that the sentehce
Of dismissal was void because IL was not
approved by the President. as the Articles
OF War provide. although Gen. Wood as
sumed the power 70 act under the provision
giving a commanding officer that authority
Ia time Of war. Gen. Woods approval OF
the sentence was dated December "a, 1898,
whereas hostilitiesh had ceased on August IL,
and the treaty Of peace with Spain was
signed on December 10, although not rati-
fed and proclaimed until April IL, 1899.
The Court of Claims awarded the claim
ant S85s for pay from the date OF his dis
missal 20 the mastering out of his regiment
May rs. 1885,. and the two months extra
pay he would have received on honorable
discharge, basing its action solely on the
illegality OF the court-martial by reason OF
the deficiency OF officers through the IN
eligibility Of the regular army officer, As
the trial was illegal from the beginning
the court said il was not necessary to pass
upon the other charges made by Brown,
beyond expressing the opinion that the case
was "a terrible example of military Justice
The Supreme Court approved the judy
ment Of the lower court in an opinion which
touched only on the illegality Of the court:
martial and declared that consideration OF
the other charges was needless.
While Brown will draw nav for the time
he lost, the dishonorable discharge APP
proved by Gen. Wood will stand against
his name in the army rolls unless Congress
passes a special act correcting his record