Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-12-21
EXPECT REMISSION
Of M|TCHELL'SP PAY
Coolidge Reported Prepared
to ReIent on CoI0nel'S
Sentence.
BY ROBERT r. SMALL.

President Coolidge is prepared TO
cemit that part of the sentence OF
Col. William Mitchell which would de-
Drive the onetime assistant chief OF
tho aviation section of the Army OF
his pay during the tive years OF his
suspension from the service.
This statement has been made in
quarters so authoritative that it Is
assumed the War Department Itself
may suggest this course to the Presl-
dent.
There is plenty of precedent for
such an act OF "clemency" on the
part of the Commanderin chief Of
the Army and Navy. and there Is
virtually no precedent for continuing
Col. Mitchell on the Army rolls Tor
Ave years without pay.
Wealth No Factor.
The court-martial which imposed the
unusual sentence upon Col Mitchell
unusual in its suspension from pay
and allowances FOR 50 long n term
had no right TO take cogniZance o.
the fact that the colonel is indepeni
emily wealthy and that his preSt nj
wife has a fortune in her own right.
Col. Mitchell appeared before the
the Army. theoretically dependent
upon his pay and his allowances for
the support OF himself and his two
families, for the colonel still ts under
heavy alimony obligations To his first
wife and the children 10y that mar
riage. II is quite evident that the
court either did not or could not d.
vest itself of the knowledge OF Col
Mitchell's worldly goods. and there
financially as it could.
With the exception of the depriva-
ton of pay and allowances, the SEN
tence of the court generally is APP
proved in higher Army circles and
these CIRCLES will have telling influ
cnCe with President Coolidge. Many
officers who sympathi2e with the aims
and intent of Col. Mitchell have been
his harshest critics for the manner IL
which he went about bis task OF at
tracing pubic attention. 1naSmuch
AS Col Mitchell can make no head
way with his program for u unified
air service without the aid of Con
Gress, it is held he should have made
his attack through Congress rather
than by rising from the ranks. as ii
were. and dcnounCing all of his SUI
pelior officers as We'll as the Consti-
tuted authorities of the War and
Navy Departments.
StickIer for Order
President Coolidge is d sticlller for
orderly procedure and there is no
chance that he will upset the Mitchell
sentence further than to remit the
loss of pay. This will be done on the
ground that if a man is to be kept
on the Army rolls for so long i time
and is 10 he held subject TO Army dis
cipline during the term of his sus-
pension, he should not be deprived OF
his pay.
Col Mitchell has no other appeal
than the one to the President. The
civil courts cannot take jurisdiction
OF his case. especially If his pay Is not
withheld. In the latter event he might
obtain mandamuS to test the conSt;-
nationality of being held in the Army
without compensation.
Naturally. the assumption is general
that Col. Mitchell will want 10 resign
as soon as his case is disposed Of by
the President. 1t is said that mem
bers of his family had indicated his
purpose TO resign if he had been ac-
quilted by the Court-martial.
Here again the case comes squarely
up to the President. He will determine
whether the colonel shall be allowed
20 resign.
II Col. Mitchell is good he may be
allowed to quit. II he acts up before
resigning he can be held in he Army
indefinitely and be responsible for any
thing he may say. The chances are
however, that he Will be q civilian be-
fore many months have passed.
Copyright 1926