Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-20

Senate today called up his resolution re-
questing the President to appoint a court
of inquiry to investigate charges against
| Col William F. Stewart Of the coast ar
| tillery, now stationed at Fort Grant,
Arizona. Mr.. Rayner said he took this
action because he was satisfied there
would be no report from the committee
on military affairs on his resolution In
this session OF Congress. He reviewed
the sending of his resolution to the COM
mittee last Wednesday and his appear
| ance before the committee on the fol-
| lowing day. Last Friday he was in
| formed. he said. that papers in connec-
| tion with the case had not arrived from
the War Department. and he humorousiy
referred to the difficulty Of sending a
messenger from the War Department to
the Senate before Congress adiourns.
Rayner Submits Substitute.
Mr.. Rayner had some dificulty in OBJ
tanning the floor to make his speech At
the outset he declined to yield to Senator
Warren of Wyoming. chairman of the
military affairs committee. for an inter
ruption. In a spirit of retaliation Mr..
Warren thereupon interposed an objection
| to the present consideration u the reso-
| luton which he had a right to do under
| the rules and which would have put Mr..
Rayner of the floor.
| Realizing that unless he consented to an
interruption he would be unable to make
| his speech. Mr.. Rayner withdrew his re-
fusal. Mr.. Warren then withdrew his OBJ
lection and in a few words stated that the
military affairs committee had made every
effort to get from the War Department
all the papers in the case of Col. Stewart
| and ought not to be criticized by the
Maryland senator in this respect.
| Immediately following his speech, Mr..
| Rayner acted upon a suggestion made by
Senator Aldrieh Of Rhode Island. that he
do not ask that the military affairs COM
| mittee be discharged from further con-
| sideration OF his original resolution. but
/ instead offer his substitute and ask for
a vote upon that without reference.
| Mr.. Rayner then sent the substitute
| resolution to the clerks desk and had 1t
read. 1t expressed the sentiment OF the
Senate that Col. Stewart Is entitled to be
| heard and requested the President to con-
| yene a court Of inquiry to proceed to rem
| der an opinion after the customary HdH-
| ner.
AS soon as it had been read Senator
| Lodge of Massachusetts, exercised his
right to object to consideration OF the
| substitute on the same day that II was
offered It therefore went over under
the rules until tomorrow. Mr.. Rayner. 1t
is understood, will take up the gauntlet
| again tomorrow and demand vote IN
the open Senate.
Speaking sarcastically Of his belief that
the President, the War Department and
the committee on military AFFAIRS were
fastening action on this case, Mr.. Rayner
continued:
1T is proper for me to remind the
Senate. however. that while this case Is
being thus expedited Col. Stewart is upon
the heights of Arizona. He Is at a high
altitude, as high as the President can
get him. with very little chance of his
getting down any lower within any def
mite period of time. Being at high al
titude. he ought not to complain. The
climate is salubrious and uniform. II De-
ing as cold in winter as 1t IS not In
summer; the surroundings are all salu-
tary, his companions are festive and con-
vivial, consisting of a >caTefaker. team
ster and several government mules and
the society at this fashionable center 1s
The President is delighted with the situa-
ton, and therefore the chairman OF the
military committee ought also to be sat-
ished. =
:, The President Satisfied.
III the President is satisfied. everybody
! ought to be satisfied. Why not? What
right has anybody to be dissatisfied with
ANYTHING that satisfies the President
. Who would be guilty of such treason
able act? The king cannot commit q
wrong and therefore. the President can
, not commit a wrong Congress may
make the gravest mistakes. Courts may
err. Human judgment at the zenith OF
its strength may arrive at faulty and er.
: roneous conclusions. but the executive
can never blunder. Infalltbility Is one OF
his attributes When he comes to con
clusion upon strictly ex.parte testimony
:. his position is impregnable. When he has
finished with the prosecution and there
has been no testimony allowed TO be pro.
: duced on the other side, he is so well for
tited and intrenched that you can not dis
: mantle him.
When he has his victim upon the
l heights of Arizona and declines to r..
$ ceive any communication from him and
!, positively asserts that there Is no neces-
: sity of examining his witnesses or hear
J ing his testimony. he Is then In position
! to administer justice with an absolutey y
impartial and unprejudiced mind. a
: Judge who hears both sides may have his
! mind disturbed. but a President who
. . hears only one side can proceed with ac.
I. curacy and precision to final judEmen,
: without the slightest danger Of making
any mistake upon the testimony he has
heard The Constitution gives even to a
criminal the right to be informed of the
nature and cause OF the accusation
: against him, it permits him to be con.
fronted with the witnesses against him
e to have process for obtaining witnesses n
counsel for his defense
d No Witnesses for Stewart
! The President prefers to try the case
without any witnesses for the defense