The San Francisco call., 1908-05-13
.RAyNFR DEFENDS
Col. W.T.. STEWART
Maryland Senator Reads Presi-
dents Letter Stating Charges
Have Been Established
Foraker Offers Plea of Exiled
Officer for Permission TO
Visit Washington

RdynSI OF A1dIyldDQ lOQdy SPOKE III tue
senate on his resolution directing the
appointment of committee to investi-
gate charges against Col. w. f. Stewart
Of the coast artillery, now stationed
at Fort Grant, Ariz., by order of the
president. saying a communication had
been sent to Colonel Stewart informing
him that improvements would be made
in the sanitary conditions OF Fort
Grant IL he desired. Rayner added,
The same sort OF communication
passed TO Dreyfus.. 1 think.
"Ine charges against Colonel Stew
art" said Rayner, ARE frivolous and
petty and don't in the slightest degree
reflect on his character as man, his
character as citizen or his courage as
a soldier. One of them is that he has
temperamental infirmities-' The presi-
dent has come to the conclusion that
Colonel Stewart is q man VINO wants
to have his own way"
Rayner read his letter to the presi-
dent stating his purpose to introduce
in the senate resolution demanding
an inquiry into the Stewart case, and
then read the presidents reply. inter-
polating his own comments on the
presidents words as he went along.
PRESIDENT QUOTES OFFICERS
AT present 1 do not see how court
of inquiry could be of use," the presi-
dent stated in his letter. "as I do not
see how any court could express an
opinion which could pay more heed to
than the Judgment of Wade, Grant.
Murray, Duvall and Davis, on whose
Judgment have acted
Rayner paused In the reading 10 de-
clare that with a single exception these
officers named by the president had
been promoted over the head of Colonel
Stewart to the positions they now
occupy.
Continuing, he read the presidents
letter saying the charges against Colo
mel Stewart already had been estab-
lished and he did not see what more
court of inquiry could do.
This" exclaimed Rayner. is the
presidents Interpretation of his consti-
tutional prerogative. 1t has never been
paralleled in the military records OF
American history.
The presidents letter to Rayner
stated that he would give further con-
sideration TO the senator's demand for
court Of inquiry. The president add
ed that there was nothing 10 ind out.
as nothing additional could more clear
ly establish the facts, and said this was
one Of the many cases Of contentious"
officers demanding courts Of inquiry, to
grant which would destroy the disci-
pline of the army. The president added
that he did not understand Rayner's
allusion to q joint resolution of con-
gress.
Rayner discussed precedents for con-
gress ordering courts of inquiry-par-
ticularly the cases of General Howard
and Admiral Schley. Taking up the
point as TO what constituted courts OF
inquiry the senator said the authorities
were all against the president having
the slightest right TO punish an officer
without a court and no commanding
general had such right -Ae declared
that the president was determined to
keep Colonel Stewart in exile for three
years. when he would be retired on ac
count of age. and he added:
"The president says TO him, Stay
there or surrender and retire No
the imperial armies of continental Eu-
rope
The senator reviewed the conditions
of Colonel Stewards exile and said:
1T makes my blood boil to fever heat
to hear the president announce such an
outrage against any man. II the man
is guilty he should be convicted; IL
innocent he should be acquitted; in any
event he should be tried" In an aside
the senator said:
And why is he treated in this man
ner? Because he got into q quarrel
with plumber"
READS STEWARDS LETTER
Foraker offered to Rayner letter
which Colonel Stewart had written TO
the war department from Fort Grant.
asking permission to come to Wash
ington and appear in his own defense
against the hardships inflicted upon
him.
Rayner read the Stewart letter from
Fort Grant, in which the officer de-
clared that for four months. he had
no companionship except that of a
care taker and a teamster, the former
an invalid; that the building in which
he lived was not heated properly; that
snow and sieet found their way through
cracks and that there were no sani-
tary conveniences.
Taking up the legal questions in
yolved, Rayner said:
THE president says he is above the
law In this matter. I say that he is
mistaken. and that he is subject TO
every law in regulation congress can
pass"
Rayner agreed to call his resolution
UP tomorrow for action by the senate.
Warren indicating that he desired to
have 1t referred to the COMMITTEES on
military affairs.
In order that the presidents letter
to Rayner might be regarded as pelore
the senate, IL was read in full after
the senator concluded his speech. 1t
covers nine typewriter pages, and for
the most part Is a review of Colonel
Stewards quarrels with officers under
him and with citizens in the neigh
borhood of the posts where he has been
assigned His conduct is condemned by
the president in the severest language
as uniting him for any command. par
ticularly for the rank OF brigadier gen.
eral. which the president declares to
be Stewards aim.
The president calls Stewart "a nui-
sance." The letter also deals with the
legal questions involved and with the
various matters quoted in part by Ray
ner in his running comment upon the