Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-12
RAYNER IS SARCASTIC
Discusses Col. Stewards AS
signment to Fort Grant.
LIKENS HIM TO DREYFUS
Criticises the Charges and the Presi-
dents Attitude.
DECLARES FORMER FRIVOLOUS
Deplores the Fact, That the officer
Has Not the Temperament of
the Chief Executive.

the Chief Executive.
Senator Rayner of Maryland today
spoke in the. Senate on his resolution
directing the appointment of Il court OF
inquiry to investigate charges against
Col. William +. Stewart of the Coast
Artillery. now stationed at Fort Grant.
Arizona by order of the President
Mr. Rayner prefaced his remarks by
declaring that he had no political pur-
pose in his criticism of what the Presi-
dent had done in the case of Col. Stew
art THE President has made Il mis-
take he said. and added that that was
the reason he was endeavoring to lay
this matter before the Senate
He reviewed the career of Col. Stewart.
and pictured the loneliness of Fort
Grant. which ne said was his place of
punishment" He read the order by
four hours TO retire from the army be-
fore his assignment to Fort Grant.
Saving a communication had been sent
to Col Stewart info rming him that i'm
provements would be made in the sanitary
conditions of Fort Grant if he desired
Mr. Rayncr added: The same sort OF
communication passed to Dreyfus, l
think.
(Mr Rayner) copy of the charges
against Col. Stewart. and. he added. de
manded that l should return the charges.
and. under the circumstances. / did not
think had the right to copy them.
1.-The charges against Col. Stewart.
said Mr. Rayner. ARE frivolous and petty.
and do not in the slightest degree renect
on his character as man. his honor as
a citizen or his courage as soldier One
of them is that he had ''temperamental
inf1rmities.'
1.-THE President has come to the con-
clusion that Col. Stewart is man VINO
wants to have his own way: WAYS. said isnr MI
Stewart he said. had his own ideas about
his duty, and did not propose to be IN
terfered with in the performance OF MS
Aauties.
'.This is the charge" declared Mr.. Ray
ner. mot that Col Stewart makes
against the President. hut that the Pres
ident makes against Col. Stewart
r-SAscasm Causes Laughter.
"He has not" continued Mr.. Rayner
with sarcasm that called forth frequent
peais of laughter. 1.-The temperament of
the President, that fine system of ad-
justment that always suggests restraint.
calmness and moderation. He thinks
Col. Stewart should yield as he, the Pres
ident has done on similar occasions. 1t
is known that the President never in
dulges In forcible and vehement express
sions. either in oral or in written COM
munications. that he is free from many
of the faults of the race. and that he has
given us the most serene and placid pres
idential epoch we have ever been blessed
with
Mr. Rayner read his letters to the Pres
ident stating his purpose TO introduce in
the Senate a resolution demanding an in
quiry into the Stewart case, and then read
the Presidents reply. interpolating his
own comments on the Presidents words
as he went along.
At present / do not see how court
o. inquiry could be of use.': the President
stated in his letter ''as l do not see how
any court should express an opinion
which ] could pay more heed to than the
Judgment of Wade. Grant. Murray. Du-
vail and Davis on whose judgment l have
acted.
Mr.. Rayner paused in the reading to de-
clare that with single exception these
officers named by the President had been
promoted over the head OF Col. Stewart to
the positions they now occupy.
An Unparalleled Case.
Continuing. he read the Presidents let
ter saying that the charges against Col.
Stewart already had been established and
he did not see what more d court of in
qu'ry could do. This, exclaimed Mr..
Rayner. lis the Presidents Interpretation
of his constitutional prerogative. He has
never been paralleled in the military
records of American history. l challenge
the production of d case that is a parallel
to it,
Cont.nuing 70 read the Presidents let
ter. Mr.. Rayner stated that he would give
further consideration to his demand for a
court of inquiry. The President. how
ever, added that there was nothing to find
out. as nothing could more clearly estab-
l,,I, \ xl~;.,
the many cases of contentious officers
emanding courts of inquiry. to grant
which would destroy the discipline of the
army The President added that he did
not understand Mr. Rayner's allusion to a
joint resolution of Congress.
II advised him to consult his Attorney
General but I do not suppose he could
throw much light on it, either. inter
posed Mr. Rayner. amid laughter.
He continued to declare that the Presi-
dent as comma nder-in-chief OF the army
~as under the control ot Congress and
had no right 10 inftct punishment.
Rights of the Executive.
MIR Rayner discussed from a legal point
of view precedents for Congress ordering
courts of inquiry-particularly the cases
of Gen. Howard and Admiral Schley.
Taking up the point as to what consti-
tuted courts of inquiry. the senator said
''N ou'iicii'ic' "N't SHiiSt tIc IIeSl-
dent having the slightest right To punish
an officer without Il court. and no com
manding general had.such right He de-
. clared that tine President was determined
to keep Col. Stewart in exile for three
years. when he would he retired on ac-
count of age, and he added
The President says to him. STAY there
or surrender and retire No such edict
was ever contemplated in the imperial
armies of continental Europe" He de
clared that abroad army officers lose their
identity. but in the United States the
Constitution guarantees every man life
liberty and property unless taken from
him by due process of law.
Says Schley Court Was Packed.
Now. what is court of inquiry" the
senator asked. and, answering his own
question. he said: II know all ahou,
them. l had four months experience
with one referring to tie Schiey court in
which he was counsel for Schley, | am
sorry to say IL was packed but il WAS q
court. He spoke of the Dreyfus case
In France as having been tried before q
court. even though witnesses against the
officer perjured themselves
Mr.. Rayner brought out the fact tha,
Col. Stewards wife was the cousin OF
the late Senator Pinckney Whyte and
the great granddaughter of William