The Mena weekly star., 1908-05-21
STEWART CASE UP
SENATOR DISCUSS THE RAINIER RESOLUTION REGARDING THE
 ExILED ARMY OFFICER.
DISCIPLINE OF ARMY AND NAVY AT STAKE
Senator Warren Objects to Establish Ing Precedent by Which Senators Can Interfere With Army and Navy Orders-Presdent Roosevelt Refuses to ReInquish Authority in Matter.

Washington, May t4.--Senator Ray ner Wednesday called his joint reso- lution directing the president to ap- point court of inquiry in the case of Col w. F. Stewart and said that Q he could be assured of a report dRr- ing the present week he would not ob- ject to sending to the committee on ing to change the resolution making 1t merely an expression of the opinion of the senate and having it a request instead of directing the president to appoint a court of inquiry.
 Senator Warren chairman of the committee said he would submit the resolution promptly to his committee but could not promise just how soon a report would be made.
 "The resolution said Mr. Warren, lis not only reproof to the presi- dent, but it Is an attack on the dis cipline of the army and in a way of the navy also. This case has been passed upon by many general officers OI bHt army HUH lHC VI otal down Presidents may come and pres idents may go and undoubtedly we will have some one else in the chair after the fourth of March, but there must be discipline in the army"
 He objected to establishing prece- dent by which army orders to officers may be held up by appealing to sen ator
 This statement accompanied by a motion by Mir Warren to refer the Raynor resolution to the military com mittee, a motion which followed suggestion by Senator Aldrich that un- animous consent be given to consider the resolution at this time. The dis cussion was on the motion to refer.
 "The right of man to a trial before punishment and the attitude of the president that he holds constitutional office as eommander-in-chief of the army In which he is not responsible to law" declared Mir. Bacon, "are the questions of importance in this case. So far as the officer is concerned" he added, T am not fayorably i'm pressed with him. He has not been a desirable officer at the various posts he had been sent to-"
 Replying to a question by Senator Warren, Senator Raynor said that he had not threatened the president that if he did not appoint court of inquiry in the case of Col Stewart he would introduce in the senate the resolution which he had presented, but admitted that he had informed the president that If the court was not ordered there would be no recourse for him except in presenting the matter to the senate.
 In a letter to Senator Taliaferro, which was read in connection with the case of Col Stewart, the president took the position that the appointment of a court of inquiry was a matter entirely within his discretion. and he said that he neither could nor would surrender the right of deciding that matter as ommander-in-chief of the army Discussing the charge that Col. Stewart had been sent to Fort Grant for punishment the president said that the punishment was merely incidental. and that the removal of Col. Stewart from direct command was the principal purpose In view. He remarked that it might be neces- sary to have him tried by court martial and expressed the opinion that If should be, the trial would result in severe punishment. Again remark ing upon Col. Stewards characteristics the president said that he was unfit for command because he mistreated the men under his command and quar- reled with civilians.