Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-11
TAKES ACTION
Proposes Court of Inquiry in
the Stewart Case.
WILL SPEAK TOMORROW
Resolution Lies Upon the Senate
Table.
RIGHTS OF THE EXECUTIVE
Maryland Senator May Make Public
the Letter Recently Sent to Him
by the President.
RIGHTS OF THE EXECUTIVE

Senator Rayner today introduced a reso-
luton "authorizing the President TO con-
vene a court of inquiry To consist OF
| five officers of the army. to investigate
charges and accusations against Col. Will
liar, +. Stewart of the army, who has
been detailed to serve until retirement
at the abandoned military post OF Fort
Grant, Ariz The resolution will lie on
the table until tomorrow, when Mr. Ray
ner will speak upon it. He gave notice
that he expected the Senate to take action
at that time.
The Col. Stewart case is one of the
subjects discussed by President Roosevelt
In his recent letters to Senator Rayner
and Senator Stewart of Vermont de-
claring that as cOmmander-in-chief the
President is supreme in all matters per-
tanning to the army and navy.
The resolution by Senator Rayner de
clares in the preamble that charges and
accusations have been filed with the
President of the United States affecting
the qualifications and status of Col. Stew
art as an officer and that he had not been
served with a copy OF the charges 1t is
pointed out that the officer on two occa-
sions has asked for a court OF inquiry
and that his requests have been denied.
and that he has been without opportunity
to defend himself against the EEK parte
accusations which he was assigned to
a deserted post at Fort Grant. Ariz " tn
out command later transferred to a post
without command at st. Augustine, Fla,
and recently ordered back to Fort Grant.
1t is declared that this punishment
mas been inflicted without Col. Stewart
having been afforded the slightest oppor-
tunity to secure Information concerning
the charges. The resolution if adopted
would compel the War Department to pro
duce all of the charges and accusations
on file at the department and with Presi-
dent Roosevelt. The officer would have
the authority to confront his accusers and
to be represented at the court with cOun-
sci.
MI. Rayner's Intention.
In addressing the Senate tomorrow
Senator Rayner does not intend to dis
cuss the question whether Col. Stewart
has merited punishment He will con-
fine his argument to the question of
whether the President has the right to
condemn an officer to punishment with
out the court of inquiry guaranteed to
every officer by the articles of war. It
is not the senator's intention to make
public the letter which he received from
the President unless it is contended by
senators, opposing the demand for a court
that the President Is entirely within his
rights to detail an officer of the army
to whatever post he pleases. and that
such detail does not technically consti-
tute punishment"
In such event it is expected Senator
Rayner will offer the Presidents letter in
reply. That letter. it is said. in several
instances declares that the officer mer-
tied the punishment bestowed. and
shows that the President himself regards
IN.
iShment.'
Mr.. Foraker's Purpose.
The point raised by Mr.. RayneT
gardng the Presidents authority will be
pressed by Mr.. Foraker when he takes
up the Brownsville case. No opportunity
had been afforded Senator Foraker
to bring before the Senate his bin for the
re-enlistrnent OF the colOred soldiers dis
charged without honor us result of the
Brownsville affair, up to the time The
Star went to press today. Consideration
of the agricultural appropriation bill will
be continued by order of the Senate until
i o'clock this afternoon. when vote on
that bill will be taken. Then. in ac-
cordance with his announcement. made
Saturday. Mr.. Foraker will at once call
up his Brownsville bill. unless the post
Office appropriation bill, now pending.
Interest was added to The tense situa-
ton at the Senate end OF the Capitol
today on account of the fact that the
President has not yet intimated that he
will make public all or ANY of the letters
which he has written recently to sena-
tors. asserting his supremacy in the con-
troll of the army and navy. 1t was thought
that he might have something to say on
the matter soon after he returned last
night from Pine Knot. Va il is under
stood that Mr.. Foraker is more deter
mined than ever to bring these letters
10 the attention of the Senate publicly,
with view to criticising the President
for alleged interference with the legisla
tive branch of the government. OF
course Mr.. Foraker's principal effort will
be to show that as the President has
again asserted his belief in the guilt OF
ti. colored soldiers and gone far
10 deny the authority of Congress to in
terfcre In any way in what he mas done
with reference to them. il would be III
diculous to pass bill making the Prcsi-
dent the judge to the rights of the
soldiers to re-enlist. as Is provided In
Senator Warmers bill. The debate VIII
then hinge. 1t Is said. on the extent of
the Presidents authority rs commander
in-ciief of the army.
Mr.. Foraker is expected 10 make all
the capital possible out of the Stewart
case.