New-York tribune., 1916-07-14
Doubt Raised as to Woods
Power to DepOse 69th's
Commander.
WAR DEPARTMENT
AWAITS REPORTS
O'Gorman Urges Wilson to Act
at Once, but President Re-
serves Decision.
lFrnm The Tf1hune Rureau. |

Washington, July 13.-The case Of
Colonel Louis ID. Conley, of the seth
New York Infantry, who was rejected
by the army medical examiners, will.
be decided entirely on its merits, Ad-
ministration leaders said to-day. Re-
cided TO override the examiners deci-
sion and renstate Colonel Conley as
rebuke TO Major General Leonard
Wood, were stoutly contradicted.
II is admitted that political pressure
has been brought to bear on the Presi-
dent Senator James A. O'Gorman. of
New York, saw Mr.. Wilson to-day, and
later announced that Colonel Conley
would be reinstated before night"
Many Democrats believe the Admins
tration should take stern measures
against General Wood for his constant
mingling with Republican political
leaders, and they see in the present
situation an excellent opportunity.
Secretary of War Baker. however,
has decided to wait for a complete
report from General Wood before TAX
ing any action. The department has
discovered that, owing to the peculiar
status of certain Guardsmen who were
mustered under the old Dick law, Cen
eral Woods jurisdiction in Colonel
| Conley's case is doubtful. and until il
Is known whether the colonel was mus
tered under the Dick law or called
under the new Hay law the question
cannot be settled.
Question of Jurisdiction.
Under the Dick law militia troops
are under state control until mustered
| The department understands that Cen
/ eral Wood decided not TO permit the
muster of Colonel Conley, and this, il
Is declared, he had no authority TO do
as the colonel was not under Federal
J jurisdiction.
If General Wood reports that Colonel
| Conley's rejection was legal, two
! courses are open to the department by
which he can be reinstated with entire
! regularity. One of these is to order
! a new physical examination, which
| Colonel Conley might pass. The other
is to have him sign a waiver that
, would relieve the government of liza
bility in case of injury due to his de.
! fective physical condition.
/ A high administration official sx-
planned that heart trouble was "ex-
tremely difficult TO diagnose" and tina.
the best examiners were likely to mis-
take a mere harmless cardiac mar
mur" for a serious valvuar disease Il
was suggested that something of .he
kind might have happened in the ex-
animation of Colonel Conley.
No Doubt in Phelan's Case.
AS for Lieutenant Colonel JOHN
Phelan, there is said to be no chance
of his reinstatement. The report on
his examination admits no possibility
of a mistaken diagnosis, it is de-
clared.
officers of the General Staff ex-
pressed to-day their impatience with
the complications that Colonel Con-
ley's case has developed.
There should be only one test Of
this matter" one Of them said. That
is his physical fitness. That is a ques-
tion of fact. All these questions Of
technicalities, imputations Of political
motives and the like are out of place.
General Pershing recommended ID
yesterday the retirement of eve
colonels in his Mexican expedition
valuable, trained men. Nobody is pro-
testing; nobody is arguing. It's a
question of the good of the service.
Scores Of other militia officers have
been rejected, too"