The sun., 1908-08-03
Tho Return Of the Hazers.

General LUKE E. WRIGHT, the new
Secretary of War, vigorously coached by
the President, has learned when a man.
datory law Is not mandatory. Not being
practical like Mr.. ROOSEVELT, the Gen.
eral saw no hope of repreve or restora-
ton for the eight West Point cadets
found guilty of hazing by a board ,of
army officers presided over by the Com
nandant, Colonel ROBERT L. HOWE,
OF whom, by the way, Mr.. ROOSEVELT
is great admirer. Colonel HUGH L..
SCOTT, the Superintendent, whom Mr.
ROOSEVELT holds in equal esteem, had
dismissed the culprits deriving his au-
thority, Us he supposed, from the law
enacted by Congress and approved March
., 1901, which directed that any cadet
found guilty Of hazing should be ex-
PEELED from the Academy, not to be
reappointed to the corps or be eligible
for appointment as an officer Of the
army, navy or Marine Corps until two
years after the graduation OF the class
Of which he was a member and then
only by act Of Congress.
The law was explicit, the cadets had
beer duly found guilty and @sumnarily
expelled from the Academy" to use the
words of the statute. General WRIGHT
told them in an audience at Washington
that no appeal would lie. What seemed
to make their cases utterly hopeless, il
an act of Congress did not, was the fact
that the President had officially ap-
proved the court-martial findings before
the ex-cadets made their call on General
WRIGHT. a.. s
1t is now pointed out that the President
exceeded his authority in confirming the
court-martial findings. and humbly he
Acknowledges it, since the Secretary OF
War had not signed them himself. The
Presidents excesses Of authority are
sometimes awkward, and this was one
Of them, for he suddenly decided that
the cadets should be reinstated. Secre-
tary LOEB accordingly made the an
nouncement at Oyster Bay. AS strong
President Mr. ROOSEVELT found the
way-let sticklers for the Constitution
nnarl.
In dSe time the explanation Of when a
mandatory law is not mandatory may
be something like this. The law is ex-
plicit, but the Superintendent of the
Academy was too impulsive in dismiss
ing the cadets because they were found
guilty by court-m8rtial, just as the
President was too impulsive in approv-'
ing what Colonel SCOTT had done, thus
anticipating the Secretary of War, an
officer new to his duties. Section 1920
Of the Revised Statutes provides that the
superintendent of the Military Academy
shall execute the sentences of courts-mar-
tial except the sentences Of suspension
and dismission." The Articles of War
say, Section 90, that "no officer shall be
discharged or dismissed from the SER
vice except by order of the President
or by sentence of a general court-mar-
tial." 1t is all as plain as a pikestaff to
Mr.. ROOSEVELT The mandatory law
Of Congress Furnishing hazing must be
read in the light of these statutes, and
,one statute in the light of the other. The
Superintendent in any event cannot
execute a sentence Of Dismissal; only the
President can. 1t is true that the Presi-
dent did approve the findings Of the
court-martial at West Point, but that
was an excess Of authority. Secretary
WRIGHT now sees that he could have
advised the President that the sentence
Of dismissal was too harsh and ought
to be countermanded. The Generals
mistake was in'presuming that the act
Of Congress was mandatory and para
mount. 1t may be mandatory, bit not
paramount, He-now has clearer view
of the powers of the Commander in
Chief.
So back to the Academy the exled
hazers go. The discipline that must be
" maintained is in this case the discipline
enforced by the President. Colonel
SCOTT Is not likely to be so precipitate
another time. 1t is a safe rule always
to consult Mr.. ROOSEVELT first.