Los Angeles herald., 1908-05-13
CALLS STEWART CASE
DREYFUS PARALLEL
SENATOR RAYNER HITS HARD
AT PRESIDENT
Demands Court Of Inquiry for Army
Officer Whom Roosevelt Has
Exlled to Fort
Grant
By Associated Press.


Rayner of Maryland today spoke in the
senate on his resolution directing the
appointment of committee to investi-
gate charges against Col. VIM. f. Stew
art of the coast artillery, now stationed
at Fort Grant, Arizona, by order OF
the president, saying communication
had been sent to Col. Stewart inform
ing him that improvements would be
made In the sanitary conditions of Fort
Grant II he desired. Mr. Raynor ADDED:
THE same sort of communication
passed to Dreyfus, think. The charges
against Col. Stewart" said Mr.. Rayner
ARE frivolous and petty and don't in
the slightest degrees reflect on his char
acter as a man, his character as citi-
zen or his courage as a soldier. One OF
them is that he has 'temperamental in
firmitles.'
The president has come to the con-
clusion that Col. Stewart is man who
wants to have his own way"
Col. Stewart, he said. had his own
ideas about his duties and did not pro-
pose to be interfered with in their per-
Torrance.
Mr.. Rayner read his letter to the
president, stating his purpose to intro
duce in the senate resolution demand
ing an inquiry into the Stewart case,
and then read the presidents reply, in
terpolating his own comment on the
presidents words as he went along.
"At present / do not see how a court
of inquiry could be of use," the presi-
dent stated in his letter las / do not
see how any court could express an
opinion which l could pay more heed
to than the Judgment of Wade, Grant,
Murray, Duvall and Davis, on whose
judgment have acted,
Promoted Over Stewart
Mr.. Rayner paused in the reading to
declare 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.
Continuing. he read the presidents
letter. saying the charges against Col.
Stewart had been established and he
did not see what more court of in
quiry could do.
This" exclaimed MIR. Rayner. SIS the
presidents Interpretation of his conSti-
tutional prerogative. 1t has never been
paralleled in the military records of
American history"
The presidents letter to Mr.. Rayner
stated that he would give further con-
sideration to the senator's demand for
a court of inquiry. The president added
that there was nothing to find out, as
nothing additional could more clearly
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-
plne of the army. The president added
that he did not understand Mr.. Ray
ner's allusion TO a joint resolution of
congress.
II advised him to consult his attorney
general. but / do not suppose he could
throw much light on 1t either" inter-
posed Mr.. Rayner. amid laughter.
Under Control of Congress
Mr.. Rayner declared that the presi-
dent. as commander in chief of the
army, was under the control of con-
gress. and had no right TO inflict pun
ishment,
Mr.. Rayner discussed from a legal
point of view presidents for congress
ordering courts of inquiry-particular-
ly the cases of General Howard and Ad-
miral Schley.
Taking up the point as to what con-
stituted courts of inquiry. the senator
said the authorities were all against
the president having the slightest right
to punish an officer without court, and
no commanding general had such
rights. He declared the president was
determined to keep Col. Stewart in ex-
lie for three years, when he would DO
retired on account 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 declared that abroad army Off
GERS lose their identity, but in the
United States the constitution guar
antees every mans life, liberty and
property unless taken from him by
due process of law.
ttarlaf ont a
that Colonel Stewards wife was
cousin of the late Senator Pinckney
Whyte, and a great granddaughter of
William Pinckney of Maryland. The
senator reviewed again the conditions
of Colonel Stewards exile, and said:
Calls 1t Outrage
.sIt makes my blood boil to fever
heat to hear the president announce
such an outrage against any man. If
the man is guilty, he should be con-
victed. if innocent, he should be ac-
quilted; in any event he should be
tried
Tn an "aside" the senator said: "And
why is he treated in this manner?
Because he cot into quarrel with
plumber. indeed. How many quarrels
do YOU suppose the president has had
with plumbers and everybody else?
to a place like that for every quarrel
he gets into? Why, this man has imi-
tated the president, and he is being
punished for 1t. The attorney general
NAV have whispered into the presi-
dents ear that he had no right to in
f1ict punishment on this officer. Hard
ly that, though, for the attorney gem
eral and all the rest of his advisers
seem to say to the president just what
he wants them to say"
At this iuncture Senator Foraker Of
fered TO Senator Rayner letter which
Colonel Stewart had written to the
war depal ment from Fort Grant, ask-N
ing permission to come to Washing
ton and appear in his own defense
against the hardships inflicted upon
him, Mr.. kayner read the Stewart
letter from Fort Grant, in which the
officer declared that for four months
he had had no companionship except
that of a caretaker and teamster,
the former an invalid; that the pulld-
ing in which he lived was not heated
properly: that snow and sleet found
their way through cracks ana that
there were no sanitary convenlences.
Galleries Applaud
Taking up the legal questions IN
volved. Mr.. Rayner said: 1.-The presi-
dent says he is above the law In this
matter. / say that he is mistaken,
and that he is subject to every law
and regulation congress can pass
He proceeded to quote a large num-
Der of authorities.
Mr.. Rayners remarks were applaud
ed by the galleries. Upon the con-
clusion of the presidents letter. MI