Evening star., 1916-07-19
Secretary Baker Confirms
Action Mastering Them
Out of Service.
UNFIT FOR ACTIVE DUTY,
IN OPINION OF SURGEONS
Gen. Woods Course Approved as
Only Proper Thing to Do IN
View of Physical Condition.

The War Department today sustained
the action of Maj. Gen. Leonard Wood
in ordering Col. Louis D. Conley and
Lieut. Col. John ]. Phelan of the 69tt
New York Infantry mustered out OF
the federal service on account of ply.
steal disability.
Secretary Bakers Findings.
In announcing the decision Secretary
Baker said:
"On the 10th day of July the exam
reported to department headquarters
the result of a physical examination OF
Col Conley and Lieut. Col. Phelan OF
the 69th New York organized militia
regiment. In view of the high official
position and excellent service of both
Col Con1ey and Lieut. Col. Phelan
this report was sent to the surgeon of
the department with directions to
answer the following questions:
81. Do you consider this officer capable
of performing all the duties of his office
in the field?
so Do you consider his condition such
as to warrant his acceptance into the
service?
Surgeon General Acquiesces.
ITO both questions a negative answer
was returned. Gen. Wood thereupon or.
dered the rejection of both officers. Wher
the reports were finally sent to me they
were referred to the acting surgeon gen.
eral, who says:
The disabilities noted by the exam.
lining officer in the case of Col Louis D
Conley and Lieut. Col. John J. Phelan
eSth National Guard of New York, are
such as to disqualify them for active serv-
ice under existing orders governing the
entrance of all persons into the military
service of the United States
1T is. therefore. clear that the actor
taken by the medical department and the
commanding general of the Eastern De-
pertinent was the only proper action to
be taken under the circumstances. and i,
has. therefore. been approved.
Reports Kept Secret.
"Since the detailed report of the
physical examination and findings in
these cases deal with questions af-
fecting the health of these officers,
did not deem it considerate to make
the report public. / have. however
directed that copies be sent to both
Col. Conley and Lieut.. Col. Phelan, and
they are entirely at liberty to make the
same public if they desire to do SO, or
to make any request for further ex-
animation which they desire to have
made under the circumstances.
1T should be noted that the action
taken by the medical and departmental
officers in these cases is identical with
that taken in many thousand cases
affecting both enlisted men and officers
Of the National Guard and regular army
throughout the United States. No
question is raised as to their zeal,
military capacity or character as
officers, the only consideration being
their own welfare and their ability to
perform active military duties"
The New York city delegation In
Congress lodged a vigorous protest
with the War Department against Gen
Woods action. charging that it wal
arbitrary and unjustified. Senator
OGorman and others went to the
White House to direct the attention
of the President to. the case. It has
heen understood that the strongest
kind of pressure was brought to bear
to have the officers reinstated.