The sun., 1908-05-15
1hc Strange Case of Col. Stewart.

Senator RAYNERs speech in connection
with Colonel WILLIAM f, STEwART's s
exile at Fort Grant, Arizona, was a much
more significant utterance than the aver
age commentator seems to suppose. 1t
Is not only that he challenged the Presi-
dents right 10 punish Colonel STEW
ART without a trial and conviction, nor
need we stop at his mastery analysis
Of the so-called evidence upon which Mr.,
ROOSEVELT acted The truth is that Sen
ator RAYNER contested the Presidents
whole conception of his duties and re-
sponsibilities under the law.
Mr. RoosEvEITs impassioned letter
20 the Senator is a very remarkable
.uttsrance. The President relates the
accusations that have been brought
against Colonel STEWART not on his own
motion or of his own knowledge, Of
course, but at second hand and on Il Q
strength of more or less authoritative
rumor-and then~proceeds to assert with
all the sanction Of deep rooted certainty
that the charges are true and his own
action in the premises without flaw,
All this time he makes it plain that the
arraignment of Colonel STEWART pro-
ceeds from sources which are authentic
only because he chooses TO accept them,
and all the while he personally knows
absolutely nothing of their validity and
warrant 1t may be true enough, so far
as he is aware, and on the other hand it
may not be true; but on the strength Of
this one sided presentation he has con-
demned Colonel STEWART to exile and
now fercely contends that there is moth
ing more to be said.
Here it is that Senator RAYNER raises
his hand and his voice. He holds that the
President has no right to punish and
the latter admits in his letter that il is
punishment-without due process of law.
The Constitution provides that Congress
may legislate for the control and disci-
pine of the army and navy and says also
that the President shall be the chief au-
thority in both cases. But if Congress
is 10 enact the statutes and the President
merely to command, the presumption,
according to Senator RAYNER, is that
Mr.. ROOSEVELT is subject TO the laws as
he finds them and must act within the
limits they circumscribe.
This brings us back to the proposition
that as Colonel STEWART has not been
tried on any formal charges, still less
convicted, and that Il guilty of any
thing it is only within the knowledge Of
certain unauthorized persons, his virtual
confinement at Fort Grant is a cruel and
unusual punishment in appearance and
may be utterly unwarranted in fact.
He therefore demands that Colonel STEW
ART shall be arraigned according TO the
law and tried by a court duly constituted
and created.
Senator RAYNER's attitude has this
prodigious force, that 1t is supported by
the rapidly decreasing confidence of
thoughtful people in Mr. RoosEvELT's
mental and intellectual processes. Two
years ago his action in the case Of Colonel
STEWART would have met with general
commendation. To-day it encounters
widespread suspicion and criticism. Thus
Senator RAYNER touches a popular chord
when he demands for Colonel STEWART
a specific indictment and a regulation
trial. The people are no longer salts
fed with President RoosEvELTs impul-
sive determinations. They want some
thing definite and in order