New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-13
TAFT UPHOLOS ARMY LAW
Signs Peck Reappointment Bill,
but WithhOIdS Action.
CONGRESS RETRIAlS UNWISE
President in Message Says Leg
islative Review of Dismissals
Hurts Discipline.
From The Tribune Bureau. ]

Washington, July 12-Presdent Taft
served notice on Congress to-day that ht
was opposed TO the reappointment of dis
missed officers OF the army and ravy. The
notice was in the form of a memorandum
accompanying an act authorizing the Presi
dent TO appoint Robert H. Peck a captain
In the army. Regarding II as a tendency
| to ruin the discipline of the service by re-
| trying before committees of Congress
| cases of dismissal conducted in due course
and with entire propriety before legally
constituted courts martial" President Taft
hopes that members Of both branches OF
Congress will discourage such practice.
In the memorandum sent to Congress
to-day President Taft said:
There are certain circumstances sur
rounding the charges and the trial in this
case that perhaps justify a re-examina-
ton without criticism of the court martial
that recommended sentence. The act Is not
and cannot be mandatory upon the Execu-
tive TO make the appointment which II
authorizes. The Judge advocate general
has advised me that there Is certain in
formation in respect to the military record
of Captain Peck which he has not yet been
able TO secure and which he would like
to have me consider before finally con-
sdering the merits of the case. I have
concluded, therefore, to sign the bill and
postpone full consideration on the merits
of the court martial upon the question
which must recur in the exercise OF my
discretion to reappoint Captain Peck.
At the time OF the passage of the act
by the Senate Senator Works, OF Cali
fornia, said that all the records in the
case had been carefully examined by the
Military Affairs committees of the Senate
and House as we'll as by him, and that
the decision reached was that the verdict
was too harsh and unjust. The report OF
the House Military Affairs Committee
follows:
This Is case wherein Robert H. Peck
was dismissed from the United States army
on August t. 1910, the result of a sem
tcnce imposed by a general court martial,
while holding the rank OF captain, 24th
Infantry.
After careful examination OF the records
and the evidence in this case, the COM
mittee came 10 the conclusion that the
sentence of dismissal imposed upon Cap
tain Peck was entirely unwarranted. 1t is
clearly the case wherein the officers OF a
garrison have endeavored to hush up an
army scandal by railroading out of the
service an officer who called attention to
IT, Scandals occasionally come to the sur
face at various army posts, the same as
they do In communities In civil life, but
il is TO the credit OF the army. that such
conditions are the exception and not the
rule
The committee believes ii 10 be a mis-
taken policy, however. to attempt to con-
ceal scandalous condition OF this kind
by making a goat" out OF the officer who
officially called attention to its existence.
The only thing Of which Captain Peck
could possibly have been found guilty was
overzealousness perhaps, In calling atten-
ton TO certain moral delinquencies existing
in the post at which he was stationed.
The evidence shows that Captain Peck
is A graduate Of West Point and Of the
army service schools, and is a competent
and efficient officer. 1t is distinct loss
10 the government to educate officers ana
give them valuable military training, at
great expense to the government, and then
dismiss them from tie service on slight
pretext Such a policy Is open to criticism,
the same as is the custom which has pre-
vailed in recent years Of loading down the
retired list of the army with officers VINO
are still capable of rendering active service
to the government
Should this bill be passed and captain
Peck restored to the foot of the list OF
captains of infantry, he will still have been
meted out most severe punishment Tor
talking unwisely or too much. I'm regard
10 the questionable conduct OF his superior
officer He will, in fact, be caused to lose
a total of 260 files OF rank In his grade. as
well as his pay and allowances Tor seve,al
years This the committee believes 10 Do