Evening journal., 1913-02-25
Continued From ans Page.

relatives have been active ever since
their dismissal became known. A re-
hearing being refused, a comprehen-
sive legal brief of the case was pre-
pared by w. L. Freeland of Florida,
a young graduate of the Law Depart
ment of Washington and Lee Univer-
sity The brief so impressed the
Chairman of the Senate Military Com
mittee. himself a West Pointer and an
army officer of distinction, and the
other interested Senators that they
sought another interview with Presi-
dent Taft. The President had the mat
ter Investigated, received a favorable
report from the Secretary of War, de-
cided that injustice had been done,
and agreed to sign a bill authorizing
him to reconvene the court-martial
that it might consider a discretionary
sentence according TO law Such bill
passed the Senate and was unanim-
ously reported out of the House Mill
tary Committee, but its friends have
not yet succeeded in getting il up to
q vote
The impression prevailed that
action by Congress was the only way
that relief could come. but it has been
found that in certain cases the high
est military legal authority in the
army has always authorized the is
suing of supplemental orders as
they are termed. Citations and
authorities were gathered into a Sc
cond legal brief; this time S. q. Free
land being the writer.
The dismissed cadets have been los
ing much valuable time, but if re-
instated in the near future a little
special instruction at the Academy, il
is said, will make il possible for the
third class men to continue right
along with the present third class
Otherwise they would be compelled 20
lose two years instead of one.
Grounds for Relief.
The brief submitted to the Presi-
dent names the following grounds
for the issuing by him of supplement
tai orders declaring the proceedings
of the court-martial nullity and the
original orders imperative and with.
drawn
l. Non jurisdiction of the court.
2 Fatal defeat in the proceedings
g. Authority vested in the review.
ing commander to issue supplemental
orders at any time when sentence il
illegal.
The brief proceeds in part as fol
lows citations in most cases being
omitted:
1T is contended that the cour
which tried Cadets Freeland. Sasse
Simkins and Christian. August 16
1911, was without jurisdiction, anC
that the sentence. To be dismissed
from the service Of the United States,
Is void. The proceedings show thai
the court was convened pursuant &c
Special Orders No. 16S, Headquarters
Military Academy. West Point. Aug
ust TO- 1911 and Special Orders No
100. same headquarters. August -
1911, by command of MajOr-Genera
Barry. the superintendent of tn
academy. for the trial of such cadets
as may be properly brought before it,
1t is contended that the cadets coul'
not be properly brought before salt
court convened by said authority.
1T is not denied that the superin
tendent of the academy has the powe
TO convene courts-martial to try ca
diets. This authority is by statute
The superintendent shall have th
power to convene courts-martial 70
the trial of cadets and to execute tn
sentences OF suspension and dismis
sion. subject to the same limitation
and conditions now existing as &
other courts-martial' And the fol
loving citation expressly states wha
disposition must be made OF the pro
ceedings of cOurt-martial authorize
by he foregoing statute: The rec
ords of trials Of cadets by genera
courts-martial appointed by the su
perintendeni pass directly to the Sec
retary Of War for review and not {
the commanding general, Department
Of the Fast
Ont Of West Point Jurisdiction.
But Il is submitted that tn
phrase. appointed by the superinten
dent leads to the supposition tha
there may he trials Of cadets b
courts martial other than those con
vened by the superintendent This
further borne out bv the fact tha
cadets are a part of the army, ant
having subscribed to the rules and ar
ticles of war when thew entered tn
military academy: and that the powe
TO convene courts-martial is an at
tribute of certain command. Accord
ing TO the military laws. the super
intendent, and in his absence the mex
in rank, shall have the immediat
government and military command q
the academy and shall be command
ant OF the military post Of Wes
Point And IL is submitted that tn
cadets at the alleged time OF the al
legged offenses were not under tn
immediate government and militar
command of the superintendent, Ger
Barry
According to the specification Il
the courts-martial proceedings @
three Of the petitioners fFree' and
Sasse and Simkinsl. their alleged Of
tense was alleged to have take
place at or near Fl. Montgomery,
y; and in the court-martial proceed
lngs of the fourth petitioner Chris
tianl on the road west Of Ft. Mont