The Montgomery advertiser., 1908-05-13
RAINIER HURLS KEEN SARCASM Senator Speaks on the
 Stewart Case. DEMANDS COURT OF INQUIRY Says President is Always Temperate
 in Speech. Army Ofacer is Punished for Exhibit ing Same Qualities That Made < Occupant of the White
 House Famous.

Senate on his resolution directing the appointment of a court of inquiry to investigate charges against Col Will liam F. Stewart, of the coast artillery, now stationed at Fort Grant, Ariz., by order of the President.
 | Mir. Rayner declared that he had no | political purpose in his criticism Of what the President had done in the case of Colonel Stewart. The President has made 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 Stewart and pictured the loneliness of Fort Grant which he said was his .place of punishment" He read tho order by which Colonel Stewart was givcn twenty-four hours to retire from the army before his assignment to Fort Grant
 | Saying a communication had been sent to Colonel Stewart informing him that imosoyements would be made in the sanitary conditions of Fort Grant if he desired, MT Rayner added:
 The same sort of communication passed to Dreyfus, think. 'arhe 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, ms honor as q Clti1Ch ot HE SpuA- age as so dlcr. one of them Is that 1 he had stemperamental infirmities.'
 'srhe President has come to the con- ciusion that Colonel Stewart ia man who wishes to have his own way" said Mir. Rayner. amid general laugh ter. Colonel Stewart. he said. had his own ideas about his duty and did not propose to be interfered with in tho | performance of his duties.
 This Is the charge" declared Mir. I Rayner. mot that Colonel Stewart makes against the President. but that tho Presldent makes asainst Colonel
 aiss hSa hoEr continued MT Hay-I | nSr. with sarcasm, that called forth IlauRhter. "the ternperameht of the President. that fine system of adjust ment that always suggests restraint, cairnness and moderation. He thinks | Colonel Stewart should yield as he, the President, has done on similar oc- casions. It is known that the Presi- dent never tndulges In forci9ie ana ve. hement expressions either in an oral or written communication, that he Is free from many of the faults of the race and that he has given us the most serene and placid Presidential epoch we have ever been blessed with"
 Reply of Roosevelt. | Mir. Rayner read his letters to the
  duce in the senate a resolution de- | handing an inquiry into the Stewart case. and then read the presidents reply.
 "At present I do not see how court of inquiry could be of use," the pres ,dent stated Ss .ns in his hsv isIser wee ans as | court should express an opinion which I could pay more heed to than the judgment of Wade, Grant, Murray, Duvall and Davis on whose Judgment have acted
 single exception these officers named by the president had been promoted over the head of Colonel Stewart.
 Continuing he read the presidents letter, saying that the charges against Colonel Stewart had been established and he did not see what more court of inquiry could do.
 "This,' exclaimed MT. Rayner, lis the presidents interpretation of his com stitutional prerogative. He has never been paralleled in the military records of American history. I challenge the production of case that is parallel to it.
 The President said in the letter that he would give further consideration to Mir. Rayner's demand for a court of inquiry. He added, however, that there was nothing to find out, as noth- ing could more clearly establish the facts, and said this was one of the many cases ck "contentious" officers de- manding courts of inquiry. to grant which would destroy the olsclphhe ot the army.
 He continued to declare that the President as chief of the army, was under control of Con- gress and had no right to infict pun ishment. Mir. Rayner discussed from | aF xyfav Congress ordering courts Of inqulry- particularly in the cases of General Howard and Admiral Schley.
 The Senator said the authorities weer all against the President having the slightest right to punish an of ficer without court and no command ing General had such right. He de- clared that the President was deter mined to keep Colonel Stewart in exile for three years. when he would be re- tired on account of age, and he added:
 An Unprecedented Edict.
 "The President says to him, Stay there or surrender and retire. No such edict was ever contemplated In the ina periaI armies of continental Europe" He declared that abroad army officers lose their identity, but in the United States the constitution guarantees every mans life. liberty and property, unless taken from him by due process of law,
 Now. what is a court of inquiry?" the Senator asked. and answering his own question. he said: "I know all about them. I had four months exper- fence with one. (referring to the Schley court in which he WAS counsel for Schleyl. l am sorry to say It was packed. but 1t was a court
 Mr. Rayner brought out the fact that Colonel Stewards wife was the cousin of the late Senator Pinckney Whyte and the great grand aughter of William Pinckney. of Maryland. Tt makes by blood boil to fever heat to hear the President announce such an outrage against any man H the man is guilty. he should be con- victed; if innocent. he should he ae- quilted: ins any event. he should De tried"
 l sAnd why is he treated in this man.