Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1908-01-02
Capt. kulp Is Reprimanded.

SdPts Nuip Is Reprlmanoeo.
Des Moines-Capt Oliver w. Kulp
was found not guilty of willful dis
obedience of military orders, but was
found guilty of such disobedience Aas
to warrant a reprimand.
This verdict was communicated by
the recent court martial to Governor
Cummins and was disclosed with the
finding of the commander-in-chief, to
the effect that as he had no power
to increase the penalty and no desire
to lessen it, he would have to approve
1t.
But the governor promises COM
ment, later, on the recommendation
and finding of the court.
While generating Captain Kulp or
culpable disobedience of the order
the court finds the telegraph COM
panies guilty of great and willful
dereliction of duty. 1t thinks that
they should have delivered the tele-
grams sent to Captain Kip by the
adjutant general that night.
In it's recommendations to the chief
executive the court includes the fol-
lowing comment on the error of Cap
tain Kulp:
while the accused did not willfully
disobey the order given him, yet
eitt"r through ignorance or negli-
gence, neither of which are excus-
able in the military, he failed to
carry out the order.
"The order was to stop the adver-
tised prize fight. 1t was not so speci-
fic but that the accused might have
been led to believe a discretionary
power was granted him to determine
whether or not the exhibition was in
fact prize fight.
but the exhibition that took place
by his permission, while It may have
apparently lacked some of the ele-
ments of prize fight, certainly was
one that should have beer prevented
under the order received, and in his
failure to prevent the same the ac-
cused erred"
The court finds justification for
Captain Kulp in the unconscious infiu-
ence of public local sentiment. He
is criticised for not commuicat-
ing with the adjutant general and the
commander-in-chief. 1.-THE accused
should have communicated with the
commander-in-chief and advised him
OF changes in the exhibition" says
the court in substance BY failing
to do so he violated the military rule
that enjoins such communication from
subordinates to superiors. while
this omission may not have been will
full, says the court, "the rule is man
datory, and failure to observe it is
breach of military discipline"
The court says that it was impress
ed in considering the question of
whether Captain Kulp was guilty, of
willful disobedience of the order, with
the fact that Kulp assembled his com.
pany promptly on receiving the order
from the adjutant general, which the
court characteriZes as "commendable
promptness," and Immediately assum-
ed control of the whole situation
1t finds, however, that he was Gin
fuenced perhaps unconsciously, by
local sentiment"
The telegraph companies are held
to have been absolutely without JUS
LITIGATION or excuse" and guilty of
gross negligence" in failing to get
the kilograms from the adjutant gen
eral to the captain of the Davenport
company and it is decided that their
course could be accounted for "only
by their desire to have the exhibition
take place..
1t is remarked by the court that
the Postal station at the ringside was
so close to the station of the company
of soldiers watching the fight that it's
failure to deliver the message sent
through it might reasonably have
been construed by Captain Kulp to
mean that the commander-in-chief was
willing to let the accused handle the
situation as he thought best
1t is remarked by the court that
ito an honorable and self-respecting
officer" reprimand is one of the
severest punishments known to the
military law
In recommending it's verdict to the
commander-in-chief the court calls
the attention of the governor to the
fact that the accused has had an ex-
cellent record as an officer and that
he was affected by the local senti-
ment and influenced thereby to a GER
tain extent. undoubtedly. The COVER
nor's attention also is called to the
frankness of the accused as a witness
and his apparent effort to carry out
the order to the letter, even though
he erred in interpreting it.