The Washington herald., 1907-04-26
SUES FOR ARMY PAY
Lieut.. Brown Carries Case to
Supreme Court.
RESULT OF COURT-MART1AL
oHicer Accused Of Gambling with
Enlisted Men Under His Command
Alleges He Did Not Get Justice.
Sustained by Court Of Claims.
To Argue from Printed Briefs.

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"A terrible example Of military justice. "
as the Court Of Claims stlgmatized the
sentence of dismissal imposed on Lieut..
Lewis Z. Brown Ninth Volunteer IN
fantry, by the approval of Gen. Leonard
Wood. while IN command Of the Depart
inent of Santiago. Of the findings of a
eourt-mSrtial that, after aequitting Brown,
was reconvened by Gen Wood and re-
versed Itself. was submitted 10 the su-
preme Court yesterday on a suit brought
by the lieutenant to recover his pay that
he lost thereby.
Brown was tried by court-martial Oh
charges Of conduct unbeeoming an officer
and gentleman, In gambling with the
enlisted men Of his command. and was
acquitted. Gen. Wood recOnvened the
court, which it is alleged, al his orders.
reversed its former finding, and declared
Brown guilty as charged and he was dis
missed from the army
In 1902 Brown brought suit IN the Court
Of Claims 10 recover the salary he would
have received from the date Of his dis
missal, together with the two months pay
given BY Congress and travel pay.
amounting in all to s8.62J. alleging that
the action was illegal and void. He first
attacked the legality of the court itself.
claiming that one Of the officers was
ineligible 10 sit because he was Of the
regular service. although then holding
a volunteer commission, and with thar
officer excluded. but four remained.
whereas i've were necessary to make q
legal court.
Sustained by Claims Court.
The Court OF Claims sustained that con
tention. awarded Brown pay between the
date Of his dismissal, aud the time his
regiment was mustered out Of service. to-
gether with two months extra pay. The
other claims he made were not passed
upon By the court. because they were IN
necessary, but on the appeal to the su-
preme Court OF the government for the
legality OF the court-martial and Of
Brown for the balance OF his salary they
were set forth in detail.
Among them were allegations that Gen.
Woods action in reconve.ling the court
was Illegal that no notice was given the
accused; that in effect he was twice placed
in jeopardy for the same onense; that
from the record OF the case as finally ap-
proved, there was omitted the entire testi-
m0ny Of the principal witness upon whom
Brown depended TO prove his innocence,
and thai the sentence Of dismissal was
void because not approved by the Presi-
dent as the Articles OF War provide.
although Gen. Wood claimed the right 10
act because they also provide that com
handing officer shall have the power il
time OF war.
Gen. Woods Approval.
Gen. Woods approval Of the sentence
is dated December a. 1sgs, whereas hos
tilities were suspended on August T. ana
the treaty Of peace was signed on Decem-
Der 10, although not ratified and pro-
claimed Until April II. 1888
Counsel for the government yesterday
asked the Supreme Court 20 postpone the
argument on the appeals until next fall
because to-day would be the last of the
term for hearing cases and they would
probably be reached. bat not sufficient
time would remain for argument.
Counsel for Brown objected to post
ponement. but at the suggestion of the
Chief Justice. the attorneys agreed 10
submit the case on printed briefs. and
they Will be decided AT the urpseur term