New-York tribune., 1909-12-19
IN 4RMY And NAVY.
Captain Hams Nay BE
Dropped from Rolls.
tFrom The Tribune Bureau
-

TECHNICALLY A "DESERTER-"-Cap-
tain Peter c. Hams, jr.. will probably be
dropped from the army for desertion. by
order of the President. Although inn
prisoned pursuant TO the order of civiI
court. Captain Hains is being carried Oh
the army rolls on duty with his coast
artillery company at Fort Hamilton. New
York, although as a matter of fact he is
not on duty at all. and is not available for
military service of any sort. He Is arrest
ing promotion in his arm of the service to
the extent of depriving first and a second
lieutenant of advancement through his
separation from the active list.
The difficulty comes about because of the
inability of the military authorities 10 OBJ
tain possession OF Captsin Hams, and 1t is
not considered advisable to subject him u
trial by court martial convened in the in
stitution at Sing Sing AS matter of fact,
the military court might not find him suf-
ficiently guilty of any offence TO justify
dismissal, which would only .complicate the
matter beyond any relief now contemplated
by the authorities. 1t is proposed. how
ever. to invoke a revised statute which is
so worded that it may be applied 10 Cap
tain Hainss case. This statute reads:
The President is authorized to drop from
officer who is absent from duty for three
months without leave"
OF course, this statute was not intended
TO apply to officers who were absent with
out leave through no fault of their own.
An officer who is In prison may be absent
without leave and stiH not be responsible
for such irregular absence. In the case of
an officer who is In the penltentiary, how
ever. il is considered that he is disqualified
for further service with the army. If Hains
is dropped for desertion." his successor
in the grade OF captain will be nominated.
and confirmation by the Senate will serve
finally TO legislste Hams out of office. II
is considered that the circumstances of the
case justify such drastic action. At all
events the War Department has the sub
tec- under advisement in view of the
similar case Of Captain Thomas Franklin,
recently sentenced by a civil court TO thirty
months confinement for alleged embezzle-
ment while cOmmissary officer at West
Point. In Captain Franklin's case the con-
dtions present less of problem, as that
officers separation from the army may be
effected by court martial proceedings for
alleged military offences.
ORDERS ISSUED.-The following orders
have been issued:
ARMY.
Lieutenant Colonel LEA FEBIGER, from Sd
Lieutenant Colonel WILLIAM A. MANN. from
Major LAWRENCE j. HEARN. from 21st 10
Major WiT.LsoN. Y. srAMPER, from, Sd to
Captain CHARLES r. LAWSON coast artil-
lcry. detailed 10 fill vacancy in quarter
masters department. TO take effect De-
cember 20. vice Captain FRANK {.
JEWELL. quartermaster.
cal reserve corps to Fort Leavenworth.
Leave, Of absence: captain WILLIAM S.
GUIGNARD. I'd field artillery. one month.
... NAVY.
Rear Admiral w. SWIFT. detached as COM
mandsnt navy yard. Boston: continue
Captain ]. q. FREMONT. detached command
of the Mississippi; to navy yard. Boston.
Captain W. f. FULLAM. detached as com
mandant of training station. Newport: to
Commander p W uOI'RIGAN. detached
Naval War College: TO duty comman-
dant of training station. Newport:
Lieutenant Commander A. MACARTHUR, de-
tached the Ohio; to the louisiana
Acting Assistant Surgeon j. J. LYNCH. TO
naval hospital. Boston.
Assistant Naval Constructor r. W. RYDEN.
mouth. revoked.
MOVEMENTS OF WARSHIPS.-Th. fol-
lowing movements Of vessels have been. re-
ported TO the Navy Department:
ARRIVED
Dec. 16-The Cleveland at Nimrod sound; the
MacDonough. At Charleston.
SAILED.
Dec. 16-The Alexander. from Shanghai for
Nagasakl.
Dec. i7--The MARYLAND and the Colorado.
from Kobe for NagasalSi.
Dec. 1s-The Nanshan, from Csvite for Hong
Kong: the Psragua. from Cavite for
ZamboaDga.