Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-11
"BY PROVISION OF LAW"
Colonel Receives Notice, Telegraphic
and Otherwise.
FINDING OF RETIRING BOARD
Willing to Prove by Double Test He
is Physically Capacitated
For Duty.
By Provision of Law.

retired from active service by the
President, upon the finding of the
retiring board that he is incapaci-
tated for active service on ac-
count of disability incident to the
service, under the provisions of
Section 1851. Revised Statutes
Announcement posted at the War
Department.
Col. William F. Stewart OF the Coast
fus Of the American army. unofncially
charged with ''temperamental incapacity"
and banished to Fort Grant, an aban-
doned, snake-infested post in Arizona,
has lost his fight against compulsory re-
tirement. Yesterday afternoon President
Roosevelt, acting upon the report of the
retiring board which considered Col.
Stewards case. holding that he was suf-
fering from valvular disease of the heart
and thereby incapacitated from further
survice, ordered that he be placed on the
Secretary of War Wright presented the
report to the President and it was ap-
proved at once. Col Stewart, who has
been in Washington since his arrival here
for physical examination a couple of
weeks ago. was informed Immediately of
the issuance OF the order and relieved OF
all military duty, including the command
of ramshackle, deserted Fort Grant. He
is now free to go where he pleases and
to engage in private business II he so de-
sires.
Colonel is Surprised.
To say that Col. Stewart was surprised
at the action of the board and the Pres
ident would be putting the case mildly
Just as coming events cast their shadow
before, however. the ultimate result was
not unanticipated. but 1t. was the speed
OF the procedure which came as blow
The last session Of the board taking evi'
dence in the action for Col. Stewart
retirement was held Friday. Announce
ment Of the finding against him reached
CoE Stewart in the form of a telegram
late yesterday afternoon and closely fol-
lowing 1t came a special delivery letter
bearing a certified copy of the verdict
with the Presidents approval appended
Col. Stewart was entirely unprepared for
such sudden action, because only Friday
afternoon. upon the completion of the
last hearing. he filed application for four
months leave of absence. which. by rea-
son Of the law affecting cumulation OF
~ ohc drra n
had served four years continuously with
out his regular months leave in each
year. Under ordinary circumstances. he
said last night. this four months absence
would have been granted to him before
the finding of the retirement board
should take effect.
Knows the Real Cause.
Seen in the midst of his family. at 21O7
o street northwest, last night, Col. Stew
art was averse to discussing his case al
any length. because. as he said, he is Still
an officer Of the army. even though on
the retired list. He declared he is moral
ly certain of the underlying cause which
led first to his Punishment 10 the obscure
post. Fort Grant. in Arizona. but this,
he remarked. he could not divulge. Con-
cerning his physical condition. which was
given as the cause of retirement. how
ever, the colonel was most communica-
tive.
IF have valvular disease of the heart
It Is a condition which has never out
wardly manifested itself. and it has never
caused me inconvenience. he said. 81
was examined by a prominent civilian
physician, and he was prepared to testify,
but the board declined to summon him
or any others Of the list Of witnesses fol
whom 1 asked. Without witnesses what
can a man do?
Reeards Action as Summary.
."Certainly 1 thought the President
would not give his approval to the
boards decision in any such summary
manner. The purpose Of the test ride or
test walk was said to be to determine
the fitness for duty Of the officers Of the
line. They say 1 am not At for duty.
know differently. According to its lam
guage the order for the test Of the army
officers called for ninety-mile ride
within q period OF three days. or a nifty
mile walk in the same PERIOD. 1t Is q
matter of record that ask. through my
attorney. not only 10 Uc pei W Eioe
the ninety miles in three days. but ID
walk fifty miles in the three days I'M
mediately ensuing. l have been riding
and walking nearly all my life. and
know what can do ! have never been
compelled to ask for sick leave, and. as
we'll az / can remember. have been sick
only eleven days In twenty-five years.
mo. / have nothing in the way OF
plans for the future. 1t has all come sc
suddenly. Probably We will stay In OF
near Washington for some little time
Omcially 1t appears l have been retired
on three-quarters pay, but the accom-.
panying loss OF allowances, including
quarters Ihouse rent). heat and illumi.
nation. means reduction of my income
to about hve-eighths."
Doesn't Look Like an Invalid,
1t has been pointed out had Col. Stew
art been permitted to remain in thu
service he would have become ranking
colonel In the army December &. Unit
retired yesterday he was second on ths
list. He entered the service at the age a
seventeen and q half years, He ID nov
dfty-nine, and In tho ordinary course Of
tUoatinusd on Thirteenth FsSsl