New-York tribune., 1908-05-13
URGES STEW ART TRIAL
CALLS CHARGES TRIVIAL.
Rayncr Reads Letter from President
Explaining 4cti0n.


read a letter from the President giving reasons
for the action that had been taken against Colonel
Stewart The President said Colonel Stewart was
impossible commanding officer, mistreatlns
privates under him. quarrelling with civilians
being contentious and incompetent.
The Presidents letter covers nine typewriter
pa ges. and for the part is review Of Coone
Stewards quarrels with officers under him and
with citizens in the neighborhood OF posts Where ne
has been assigned. His conduct is condemned by
the President in the severest language as uniting
him for any command. particularly for the rank OF
brisader general. which the President declares 10
be Stewarts aim. The President calls stewart
"a nuisance" The letter also deals with legal
questions involved and with the various matters
quoted in part by Mr.. Rayner in his running COM
ment upon the communication.
Mr.. Rayner declared that the charges were trlV-
ial and had never been furnished to the army ON
GER and said the punishment which the Presi-
dent melting out to him was unparalleled ana
in defiance of precedents.
Mr. Rayner preceded his remarks by declaring
that he had political purpose in his criticism
of what the President 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 endeavoring to lay this matter before the
Senate
He reviewed the career of Colonel Stewart and
pictured the loneliness of Fort Grant, which, he
said, his place of punishment" He read the
order by which Colonel Stewart. received twenty
hours retire from the army before his as
signment to Fort Grant. Saying communication
had been sent to Colonel Stewart informing him
that improvements would be made in the sanitary
conditions Of Fort Grant, if he desired. Mr. Rayner
added. The sort of communication passed
to Dreyfus. think
THINKS CHARGES FRIVOLOUS.
The charges against Colonel Stewart" said Mr.
Rayner, frivolous and petty and do not in the
slightest degree reflect his character as man.
his honor as a citizen or his courage a soldier
how, sI,t Ia had 1eDtal in
irmities'
The President has come to the conclusion that
Colonel Stewart is a man who wants to have his
own way" said Mr.. Rayner. Colonel Stewart. he
said, had his ideas about his duty, and did not
propose to be interfered with in the performance
of his duties.
He has not" continued Mr.. Rayner, with
casm, the temperament OF the President that fine
system of adjustment that always suggests
straint, calmness and moderation He thinks
Colonel Stewart should yield, he. the President
has done on similar occasions. 1t is known that
the President never INDUCES in forcible and We
hement expressions. either in oral in written
communications: that he is free from many of the
faults of the race, and that he has given US the
and placid Presidential epoch have
been blessed with
Mr.. Rayner read his letter to the President stat
ing his purpose to introduce in the Senate reso-
luton demanding an inquiry into the Stewart case
and then read the Presidents reply, interpolatin
his comments the Presidents words as he
went along.
"As President do not see how court of in
quiry could be Of USE the President said in his
letter "as l do not how any court should
press opinion which I could pay more heed to
than the judgment of Wade, Grant, Murray Duval
and Davis on whose judgment I have acted"
Mr.. Rayner paused in the reading to declare that
with single exception these officers named by the
President had been promoted the head of
Colonel Stewart to the positions they now occupy.
CHARGES ALREADY ESTABLISHED"
Continuing he read from the Presidents letter
that the charges against Colonel Stewart already
had beer. established, and he did what more
court of inquiry could do. This. exclaimed
Mr.. Rayner, ''s the Presidents Interpretation of
his constitutional prerogative. 1t has never been
paraeled in the military records of American his
tory challenge the production of a case that is
parallel to it
MI Rayner declared that the President, as Com
mander in Chief of the army, was under the con-
troll Of Congress, and had right to infict punish
ment.
Mr. Rayner discussed from legal point of view
precedents for Congress ordering courts of inquiry
particularly the cases of General Howard and
Admiral Schley. Taking up the point as to what
constituted courts of inquiry, the Senator said the
authorities all against the President having
the slightest right to punish officer without
court and commanding general had such right
He declared that the President was determined
to keep Colonel Stewart in exile for three years
oNNSH'A'
he added:
The President says him: Stay there
render and retire No such ediCt ever con-
tenplated in the imperial armies OF Central Eu-
rope He declared that abroad army officers lose
their identity. but in the United States the Con-
stftution guarantees every man life, liberty and
property unless taken from him by due process of
Law.
EXPERT ON COURTS OF INQUIRY.
Now. what is court of inquiry the Senator
asked, and answering his question, said: Il
know all about them. | had four months eX-
perience with (referrng TO the Schley court.
in which he counsel for Schey). 1 sorry
to say it packed. but ii was court He
spoke Of the Dreyfus in France, having
been tried before court even though witnesses
against the officer perjured themselves.
Mr.. Rayner brought out the fact that Colonel
Stewards wife the cousin OF the late Senat tor
Pinkney Whyte. and the great granddaughter of
William Pinkney, of Maryland. The Senator re-
exile. and said:
1t makes my blood boil TO fever heat to hear
the President announce such outrage against
any man. If the man is guilty he should be con-
victed: innocent. he should be acquitted in any
event he should be tried" In aside the Sena-
said: And why is he treated in this manner?
Because he got into quarrel with a plumber.
Quarrel with plumber indeed. How many quar-
rels do you suppose the President has had with
plumbers and everybody else? Suppose the Presi-
dent should be place like that for every
quarrel he gets into? Why, this man had initiated
the President and he is being punished for it, [
sIppose he had advice the subject The
Attorney General may have whispered into the
Presidents ear that he had right to infict pun
ishment on this officer. Hardly that. though: for
tbe Attorney General and all the rest of his ad-
ysers seem to say to the President just what h !.
wants them to say
At this jun ;ture Senator Foraker offered to Sen
ator Rayner q letter which Colonel Stewart had
written to the War Department from Fort Grant
asking for permission to come to Washington and
a,near in his own defense against the hardshps