Omaha daily bee., 1907-03-23
KOEHLER CASE IS REVIEWED
President Disapprovss Verdict Of Court
Martial Which Acgu ei the Captain.
FINDING REALLY AGAINST GENERAL WOOD
Secretary Taft Says Approval of
it would Make Trial of GEN
eraI by COurt-MartiRI
Necessary,
INDlNG REALLY AGAINST GENERAL WOOD


case OF Captain Lewis NJ. Koehler, Fourth
cavalry, u s. A., cavalry commander at
Jolo, Philippine islands. Captain koehler |
was charged with using disrespectful Ian
guage in an appeal from the action OF Gen
erA Wood, who reprimanded Captain Koch
Ter for making charges against Major
Scott commanding officer at the Jolo mill
tary post and civil governor Of Jolo, and
who was charged with conduct unbecomlng
an officer and gentleman in making un-
founded and malicious statements regard
ing his commanding officer and with IN
subordinaton. The first court-martial SEN
fenced him to be reprimanded and the sec
ond court-martial, on which today's action
was based, acquitted him.
The presidents order follows:
THE WHITE HOUSE. WASHINGTON,
March %, 19O7-The proceedings, hndings
and acquttal in the case of Captain Lewis
NJ. Koehler Fourth cavalry, u. S. A., are
dsapproved. 1 entirely concur in all that
the secretary of war says OF captain
Koehler, and Of General Wood, and OF the
poor showing made by the court which
'''' p'''''O TiHfEoDoRE ROOSEVELT.
Taft Reviews Case.
Secretary Taft in his letter says:
Captain Koehler is an officer with an ex-
cellent record for courageous service IN
orally He distinguished himself at the
battle of Mount Dajo. Captain koehler
by captious insistency that Major Scott
should be in his office at certain times and
should discharge his duties as military
post commander with the same degree of
promptness that he would have done had
he not the additional duties of civil gov
ernor. The friction became SO great that
Captain Koehler filed charges against
Major Scott.
Major scott later filed charges against
Captain Koehler. A court-martial found
Captain Koehler guilty of preferring capt-
Gus and unnecessary charges against his
commanding officer. In reprimanding cap
tain Koehler under the sentence of the
court-martial, General Wood declared that
Captain Koehlers conceptions OF the stand
ard Of conduct and uprighdt,netss ta5,sd as they
degree not found in the just and fair
minded, and that he should cultivate their
habits Of true soldierly subordination, which
the evidence in the case showed him to
lack"
Captain KoehIer appealed to the secretary
of war, alleging he was practically denied
counsel; that the department commander
was the accuser or prosecutor and that
bar Of trial based on that fact; that the
reprimand was harsh and excessive and
! that an application for a court of inquiry
on the charges made again to Major Scott
were denied. and characteriZing the depart
! and Illegal
| Referring to the reprimand, Captain
/ Koehler ssid that 'the severity. even to
! harshness, of the reprimand shows preju-
/ ulCtt bldS uuIdlInebS ana a pFGcOnCelNeu
conviction that / was guilty as originally
charged. was harrassed and handicapped
| at the trial by the feeling that was
| who would make use of every unfair ad-
| vantage TO harm me and to protect his own
personal friend, Major Scott"
Verdict is DisnpprOved.
General Wood called the attention of the
| War department to the appeal and sub
mitted the question of disciplinary pro-
! rapdinUa A - mo rffa al
pointed which acquitted Captain Koehler.
Secretary Tafts letter continues:
| l have no hesitation in saying after a
| fun consideration of the matter, that the
| finding of the first court-martial that Cap
! tain Koehler was guilty of filing captious
and unnecessary charges against his COM
| manding officer, was fully sustained. His
| statement in his appeal that he was prac-
He might have had counsel had he been
willing TO take any but two persons who
were otherwise engaged on public busi-
ness. The charge that the department
commander was the accuser or prosecutor
in the first trial was founded solely on the
ground that ne directed court-martial on
the charge of Major Scott after an in
spector had reported that the charges of
Captain Koehler against Major Scott were
unfounded. Considering the evidence Of the
nrst court-martial, l think the language
OF the reprimand was sufficiently within the
! nnding on the evidence. The granting of
| the application for a court of INQUIRY was
! within the legitimate discretion Of the
com,mIasndlng officer. and as the matter
the court-martial, rather than a court OF
inquiry, the action Of the commanding
general could not be made the basis for a
claim that he was malicious or unfair in
his ruling.
have gone over these matters carefully
Tor they constitute the whole foundation
for the charge made by Captain Koehler
that General Wood was unfair and unjust
ana would resort resort to any means to harm
NO eYldenoe other than as stated above
IN substance, was submitted by the ac-
cused in support OF the aspersions con
tained In his appeal, except the fact thai
Major Scott and General Wood had pre-
yious friendly associations in that Major
and that General Wood had recommended
him for the position of brlgadier general
The mere fact that commanding officer
Is a friend OF prosecuting witness does
not prove that his action ordering a court
martial or sustaining its findings was
that General Wood had only the ' sIiRbtesi
acquaintance with Captain KOehler and nc
occasion Tor personal feeling against him
Verdict Really Against Wood.
After much consideration / am convinced
that this finding OF the court involves af
frmative inferences and conclusions Of fac
that cannot be supported by the evidence
You, as the reviewing authority, are pu
in this position-that II you approve III,
findings you necessarily affirm or approx,
the statement derogatory to General WooC
contained In the appeals, and II you do 8
approve those statements, then It woulC
become your duty, as commander-in-chief
| TO order General Wood before a court-mar
ttal for perVertng his power as department
commander TO accomplish an unjust an(
unfair purpose against his subordinate on
Ger. You cannot In justice to Genera
Wood find any evidence in the record t,
sustain the bringing OF such proceedings O,
the finding OF a court against him.
/ A reviewing authority may mitigate
sentence, but It cannot change a finding o
an acquittal TO one Of conviction. II can
however, In any case disappTOve the en-
tine proceedings and refuse 10 confirm I
r finding Of acQuttal. The effect Of this Is L
, set aside the proceedings as If they ha,
not been commenced. BY this course YOU
as the reviewing authority are not involve,
| in the logical consequences with respect q
General Wood which must follow an ap
proval Of the verdict as already explained
and Captain Koehler is simply restored 4
duty. This is the view OF the Judge advC
, cate general, IN whose recommendation
fully concur. Very respectfully,
WILLIAM II. TAFT, Secretary of War.