The Montgomery advertiser., 1908-05-14
RAINIER MAKES
 NO OBJECTION CommittegWil1 Handle
 HisyResolutiorl. coLoEsL sTEWARTs CASE Senators Continue Their Discussion
 of the Matter. Senator Rayner Says He Is willing Military Affairs Committee to
 Decide Resolution's Fate,
 But Wants Early Report

Washington. May 13.-Senator Ray ner today in the Senate called up his joint resolution directing the Presi- the case of Col. W. F. Stewart. and said that if he could be assured of q report during the present week he would not object to sending it to the Committee on Military Affairs. He said he was willing to change the resolution making it merely an ex- pression of the opinion of the Senate and having it request instead of di- rect the President to appoint a court of inquiry.
 Senator Warren, chairman of the Committee on Military Affairs, said he would submit the resolution promptly to his committee but could not prom | ise just how soon a report would be made.
 The resolution," said Mir. Warren, Ifs not only a report of the President, but 1t is an attack on the discipline of the army and in way of the navy also. This case has been passed upon by many general officers of the army from the chief of stan down. Presi-
 
 | go. and undoubtedly we will have some one else in the chair after the 4th of March. but there must be discipline in the army" h He objected to establishing pre- cedeht by which army orders to, off, cers may be held up by appealing to a Senator.
 This statement accompanied a mo. tion by Mir. Warren to refer the reso- lution to the Military Committed. a motion which followed a suggestion by Senator Aldrich that unanimous con- sent should be given to consider the resolution at this time. The discussion was on the motion to refer.
 "The right of a man to a trial be- the President that he holds a eonstt-s tutionai once as commander -in-chief Of the army in which he Is not re- sponsibie to law" decared Mir. Bacon, "are the questions of importance in this case. So far as the officer is con- cerned." he added, T am not favor ably impressed with him. He has not been a desirable officer at the various posts he has been sent to-"
 Something of a sensation was creat- ed by Senator Warren asking MT Rayner whether he had approached the executive with a threat that If this man was not removed from Fort Grant that this resolution would be presented to the senate" q utterly deny that proposition" replied Mir Rayner. and I hope the executive has not made such a state4 ment."
 He added that he had not seen the president for two years until two weeks ago when he was requested 10 go to the White House and that when he responded to the invitation the president showed him voluminous typewritten matter about Colonel stewart. He had not "threatened" the president. only stating that unless the court of inquiry was ordered he would offer a resolution in the senate. "As if anybody could threaten the president" exclaimed MT. Raynsr. and laughed
 Mir Warren said his question was suggested by newspaper reports only.
 MT. Rayner suggesting that Colonel Stewart had been sent to fort up in the clouds. 2.000 or 5000 feet above the sea, Mir. Warren interrupted with the remark that many Senators live in al tItudes higher than Fort Grant, T understand the President VIII go cunning for hyenas and other wild an- imals about the fourth of March," sug- gested MT. Rayner.
 Five times, he said, the President re- peated in his letters that his treatment
  which. he added. under the laws of this country he has no right to infiict vet he is proceeding by punishment to drive him into retirement"
 MT. Taliaferro of Florida had let ter read showing that Colonel Stewart had been ordered away from Fort St. Francis, St. Augustine. merely because of A protest by the State of Florida. which has control of Fort St. Francis. He had received a letter from the Pres ident in which the latter said the pun ishment inflicted upon Colonel Stewart was incident to the discipline of the army and concluded by saying that as commander in chief he neither could 1 nor would surrender the right to exer- else such judgment.
 He expressed the opinion that court l martial might be necessary to provide punishment for Colonel Stewart. The resolution was then referred to the Committee on Military Affairs, Mir. Warren saying MT. Rayner would be welcome to appear before the Commit