New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-23

ARMY COURT REBUKED.
GENERAL WOOD UPHELD.
President Rooserelt DisapproUes
AcouittaI of Captain KoehIer.

Washington March 22.--President RooseFeh
tonight announced his dsapproval Of the ma
ings Of acquittal in the case Of Captain Lewis
NJ, Eoehler. 4th Cavalry. l. S. A, cavalry COM
mander at Jolo, Philippine Islands. Captain
Koehler was charged with using disrespectful
language In an appeal from the action OF Gen
eral Wood, division commander, who reprl-
handed him for making charges against MAJOR
Scott. commanding officer at the Jolo military
post and Civil Governor at Jolo' ana was
charged with conduct unbecoming an otrlcer anu
gentleman in making unfounded and malicious
statements regarding his commanding onlee''
and with insubordination. She first court ma
tial sentenced him to be reprimahded' anu "4o
second court. on which to-days action was
based. acquitted him. The Presidents ofder hoA-
lows: white House.
washington March %, 1917:
nh -vooeadipoe findings and acquttal in the
,oea Of Canaan Lewis NJ. Koehler. 4th CavaIry,
II s A. are disapproved. entrey eo G1n ~
eli Cat the Secretary of War says OF CapldIn
81 aooia- and of General wood, and Of the poor
sIovinr made by the court which last PaSSeu
on tbe case. THEODORE ROOSEVELT.
Secretary Taft in his letter says:
Captain Koehler is an officer with an excel seI1
lent record for courageous service III oA ST., 80
GU - himself at the battle Of Mount Dalo.
CAPTAIN Koehler made hlmselL NeIS 49, Ne ;or
10 Major Scott by captlous lhslslelt a. .oos ooS
scott sh9 9 or - MS duties as military post
commander with the same degree OF pI0I1po
that he would have done had ne sT me- t Ii he
tonal duties of civil governor Inc - 49, 60,
t,aen the two officers became so great tnat Cap
tain Koehler filed charges against MAJOR 0eo''
THE CHARGES AGAINST KoEHLER
Major Scott later filed charges against Cap
tain Koehler. A court martial found captain
Koehler guilty Of preferring eaptious ana uIlnec-
essarv charges against his commanding omcer'
and in reprimanding him, under the sentence u
the court martial General Wood declared mat
Captain Koehlers conceptions OF the stahuaTus
Of conduct and uprightness as they exist IN Ihe
army were distorted TO degree not Iould III
the inst ana fair minded, and that he should cul-
tvate those habits of true soldierly subordinaton
which the evidence In the case showed him to
) lack. Captain Koehler appealed. though the law
does not specifically provide for such remedy.
to the Secretary of War. alleging that counsel
| was practically denied 10 him: that the depart
| ment commander was the accuser or prosecutor,
and that the court erred in overruling the plea
| in bar OF trial based on that fact that the rep
rimand was harsh and excessive, and that an
application for a court OF inquiry on the charges
| made against Major Scott was denied. and char
acterized the department commanders acts as
unfair unjust and Illegal.
| Referring 10 the reprimand by the reviewing
I authority, he SAID Inat tne SeNeTltyr even 10
| harshness, OF the reprmand administered shows
! prejudice bias, unfairness and preconceiyed
| conviction that I guilty as originally
charged" In commenting on the trial. he fur
| Their said: Il was harassed and handicap ped
by the feeling that 1 was helpless and at the
mercy OF a superior who would make use Of
every unfair advantage TO harm me and TO pro-
tect his own personal friend Major Scott"
SECRETARY TAFT'S COMMENT.
General Wood called the attention Of the War
Department 10 the appeal and submitted the
| question OF disciplinary proceedings. \ court
martial was then appointed. which acquitted
Captain Koehler. Continuing. Secretary Taft's
letter says:
have no hesitation IN saying, after a full con-
| sideration OF the matter, that the finding OF the
! first court martial that Captain Koehler was
| guilty OF filing captiOus ana unnecessary charges
| against 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
| to take any but two persons who We're otherwise
| engaged public business. The charge thai
| the department commander was the accuser OF
| prosecutor in the first trial vas unfounded and
| based solely the ground that he directed a
court martial on the charges OF Major Scott after
|, | an inspector had reported that the charges Ct
Captain Koehler against Major Scott were I'M
] founded.