The Birmingham age-herald., 1908-05-13
ROOSEVELT'S "SUPREME
 POWER" IS CRITICISED
Senator Rayner Compares Stewards Case In Some Respects With That of Dreyfus and Asks For
 Full Investigation.

of Maryland spoke in the Senate today on his resolution directing the appoint ment of a court of inquiry to investigate charges of Col. William F. Stewart of the Coast artillery, now stationed at Fort Grant, Arizona, by order of the Presi- dent. Mir. Rayner prefaced his remarks by declaring that he had no political pur- pose in his criticism of what the Presi- dent had done in the case of Colonel Stewart. "The President has made a mis- take, he said, and added that that was the reason he was endeavoring to lay this matter before the Senate
 He reviewed the career of Colonel Stew art and pictured the loneliness of Fort Grant, which, he said, was his place of punishment He read the order by which Colonel Stewart was given "A hours to retire from the army before his assign ment to Fort Grant.
 Saying a communication had been sent to Colonel Stewart, informing him that Improvements would be made in the san itary conditions of Fort Grant if he de- sired, MT. Rayner added:
 ''The same sort of communication passed to Dreyfus, l think"
 Frivolous Charges.
 '"The charges against Colonel Stewart said MT. Rayner, "are frivolous and petty and do not in the slightest de- gree reflect on his character as a man, his honor citizen. or his courage as g soldier. One of them is that he had stemperamental infirmities.'
 "The President has come to the con clusion that Colonel Stewart is a man bo o.xua f,fS to haua said MT Rayner. amid general laughter. Colo rel Stewart he said, had his own ideas about his duty and did not propose to be interfered with in the performance of his duties.
 .sThis is the charge" declared MT. Ray ner, mot that Colonel Stewart makes against the President, but that the Pres ident makes against Stewart"
 '.He has not" continued MT. Rayner, with sarcasm that called forth frequent peals of laughter the temperament of the President, that fine system of ad- iustment that always suggests restraint calmness and moderation. He thinks Col onel Stewart should yield as he, the President has done on similar occasions It Is known that the President never in dulges in vehement or forcible express sion, either verbally or in written com munication, that he is free from many of the faults of the race, and that he has
 
 ltical epoch we have ever been blessed with
 Letters Are Read.
 Mr. Rayner read his letters to the Pres ident, stating his purpose to introduce in the Senate a resolution demanding an in- quiry into the Stewart case, and then read the Presidents reply.
 At present | do not see how a court of inquiry could be of use," the President ;,,I 2. I.se. 4fnr ssoe I do f,nf hnt any court should express an opinion which I could pay more heed to than the judgment of Wade Grant, Murray Duvall and Davis on whose judgment I have acted"
 Mr. Rayner declared that with a single exception these officers named by the President had been promoted over the head of Colonel Stewart.
 Continuing he read the President let ter, saying that the charges against Colonel Stewart already had been estab- lished and he did not see what more court of inquiry could do.
 This" exclaimed MT. Rayner, Ifs the Presidents interpretation of his consti- tutional prerogatve. He has never been paralleled in the military records of Amer ican history. I challenge the produc- tion of a case that is a parallel to it. = The President said in the letter that he would give further consideration to MT.
 
 He added, however, that there was noth- ing to find out nothing could more clearly establish the facts, and said this was one of the many cases of 'conten- tious" officers demanding courts of in quiry, to grant which would destroy the discipline of the army.
 President Not Surprised.
 He continued to declare that the Presi- dent as commander4n-chief of the army was under control of Congress, and had no right to inflict punishment. MT. Ray ner discussed from a legal point of view precedents for Congress ordering courts of inquiry, particularly the cases of Gen eral Howard and Admiral Schley. The senator said the authorities were all against the President having the slightest ' right to punish an officer without court, and no commanding general had such right. He declared that the President was determined to keep Colonel Stewart in exile for three years, when he would be retired on account of age, and he added
 The President says to him: Stay there or surrender and retire. No such edict was ever contemplated in the imperial armies of continental Europe.' He de- clared that abroad army officers lose their identity. but in the United States the con- stitution guarantees every mans life, lib- erty and property unless taken from him by due process of law.
 sNow, what Is a court of inqury?" inc senator asked, and answering his own question, he said: T know all about them. I had four months experience with one (referring to the Schley court. in which he was counsel for Schley). l am sorry to say 1t was packed, but it was court"
 Stewards Relatives.
 MT. Rayner brought out the fact that Colonel Stewards wife was a cousin of tie late Senator Pinckney Whyte and the great eat-granddaughter of William Pinck- ney of Maryland.
 .sIt makes my blood boil to fever heat n. Shear the President announce such an Yjoup @e against any man. If the man xs guilty he should be convicted; If inno- lAent, he should be acquitted; in any event should be tried.
 And why is he treated in this manner?