The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-13

NV Senator Rayner. of Mary
wv land. to-day spoke in the
" Senate on his resolution
directing the appointment
OF H court OF inquiry to investigate
charges against Colonel William f.
Stewart Of the Coast Artillery, now
stationed at Fort Grant, Ariz., 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 Pres
ident had done in the case OF Colonel
Stewart. The President has made a
mistake" he said. and added that that
was the reason he was endeavoring to
lay this matter before the Senate.
He reviewed the career of Colonel
Fort Grant, which. he said, was his
.'place Of punishment"
He read the order by which Colonel
Stewart was given twenty-four hours
to retire from the army before his
assignment to Fort Grant.
Saying a communication had been
sent to Colonel Stewart informing hin,
that Improvements would be made In
the sanitary conditions Of Fort Grant
II he desired. Mr. Rayner added: THE
same sort OF communication passed to
Dreyfus. think"
Frivolous and Petty.
The charges against Colonel Stew
art" said Mr.. Rayner. are frivolous
and petty. and do not in the slightest
degree reflect on his character as a
man. his honor as a citizen or his
courage as soldier. One OF them Is
that he had 'ternperamental inhrmi-
ties The President has come to the
conclusion that Colonel Stewart Is a
man who wants to have his own way"
said Mr.. Rayner. Colonel Stewart. he
said. had his own ideas about his duty.
and did not propose to be interfered
with in the performance OF his duties.
This is the charge, declared Mr..
,Rayner. mot that colonel Stewart
makes against the President. but that
the President makes against Colonel
Stewart.
"He has not the temperament Of the
President. that fine system OF adjust
ment that always suggests restraint.
calmness and moderation. He thinks
Colonel Stewart should yield as he. the
President. has done on similar occa-
sions. 1t Is known that the President
never INDUCES In forcible and We
hement expressions. either In oral or
In written communications: that he Is
free from many of the faults OF the
race, and that he has given US the most
placid presidential epoch we have ever
been blessed with.
No Need of Inquiry.
Mr.. Rayner read his letters to the
President stating his purpose to in
troduce In the Senate resolution de-
manding an inquiry into the Stewart
case. and then read the Presidents
reply
'.At present I do not see how court
OF inquiry could be officered." the
President stated in his letter, 'as I do
not see how any court should express
an opinion to which we could give
more heed than to the Judgment Of
Wade. Grant. Murray, Duvall and
Davis. on whose judgment have
acted.''
Mr.. Rayner declared that with sim
gle exception, these officers named by
the President had been promoted over
the head of Colonel Stewart. Contin-
uing. he read the Presidents letter,
saying that charges against Colonel
Stewart already had been established,
and he did not see what more a court
OF inquiry could do. This exclam-
ed Mr.. Rayner, lis the Presidents In
depreciation of his constitutional pre-
rogative. He has never been paralleled
In the military records Of American
history. I challenge the production Of
case that is a parallel to it,
The President said in the letter that
he would give further consideration
to Mr.. Rayners demand for court of
inquiry. He added. however, that there
was nothing to find out, MS nothing
and said this was one Of the many
cases of Contentious" officers demand
ing courts OF inquiry. to grant which
would destroy the discipline of the
army.
Exceeded His Rights.
He continued to declare that the
President as commander-in-chief Of the
army was under the control OF Con-
gress. and had no right to5inflict pun.
ishment.
Mr.. Rayner discussed from legal
point of view precedents for Congress
ordering courts Of inquiry, particu-
larly tho cases Of General Howard and
Admiral Schley. The Senator said the
authorities We're all against the Pres
ident having the slightest right to
punish an officer without court, and
no commanding general had such right,
He declared that the President was
determined to keep Colonel Stewart In
exile for three years, when he would
be 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" lie declared that abroad army
ot1,cers lose their identity, but in the
United States the Constitution guar
5antees every man life, liberty and
property, unless taken from him by
die process of law. s
Now what is a court Of inquiry?"
the Senator asked, and answering his
own question, he said; II know all
about them. had four months expe-
rience with one (referring to the Schley
court In which he was counsel for
'schley), II am sorry to say q t was
packed, but It was a COURT
Cousin OF senator Whyte.
Mr., Rayner brought out the fact
that Col onel II Stewards S wife was Y the
Cnntinuod an Nieht PaaAl