RECONSIDERATION OF SENTENCES OF DISMISSAL OF CERTAIN WEST POINT CADETS. JULY 30, 1912.-Referred to the House Calendar and ordered to be printed. Mr. HAY, from the Committee on Military Affairs, submitted the following REPORT. [To accompany S. J. Res. 99.] The Committee on Military Affairs, to whom was referred the joint resolution (S. J. Res. 99) authorizing the President to reassemble the court-martial which on August 16, 1911, tried Ralph I. Sasse, Ellicott H. Freeland, Tattnall D. Simpkins, and James D. Christian, cadets of the Corps of Cadets of the United States Military Academy, and sentenced them, having considered the same, reports thereon with a recommendation that it do pass. Your committee has carefully considered this resolution, and is of opinion that it should be favorably considered by the House, and adopts the Senate report as its own and files the same herewith. [Senate Report No. 725, Sixty-second Congress, second session.] The Committee on Military Affairs, which has had under consideration Senate joint resolution 99, submits a favorable report thereon and recommends that it do pass amended as follows: In line 3 of the title strike out the word "Simpkins" and insert in lieu thereof the word "Simkins." On page 1, in line 8, strike out the word "Simpkins" and insert in lieu thereof the word "Simkins." On page 1, in lines 10 and 11, strike out the words "for violations of regulation numbered one hundred and thirty-two of the said academy" and insert in lieu thereof the words "for having violated, on August fourth, nineteen hundred and eleven, paragraph numbered one hundred and thirty-two of the former regulations of the said academy." On page 2, in line 4, strike out the word "regulation" and insert in lieu thereof the word paragraph." On page 2, in line 6, strike out the word "regulation" and insert in lieu thereof the word "paragraph.' On page 2, in line 6, strike out the word "forty-five" and insert in lieu thereof the word "forty-two." On page 2, in line 7, after the word "regulations," insert the words "approved June fifteenth, nineteen hundred and eleven." This resolution authorizes the President: First. To reassemble the court-martial, or as many members thereof as practicable, not less than the minimum prescribed by law, which on August 16, 1911, tried Ralph I. Sasse, Ellicott H. Freeland, Tatnall D. Simkins, and James D. Christian, of the United States Military Academy at West Point, for having violated on August 4, 1911, paragraph No. 132 of the former regulations of the said academy and sentenced to be dismissed from the service; and, Second. To resubmit the case of any one or more of said cadets upon his or their applications to said court for reconsideration of the sentence; and, Third. Authorizes the court upon such reconsideration to construe said regulation as not necessarily requiring a sentence of dismissal, but as permitting a lesser punishment, as provided in paragraph 142 of the current regulations, and to modify the sentence accordingly; and, Fourth. Authorizes the President to carry such modified sentence or sentences into effect, notwithstanding the prior dismissal of said cadets, by reinstating them in accordance with such terms and conditions of the modified sentence as approved by the President. Paragraph 132 of the Regulations of the Military Academy, approved December 1, 1902, provided: "No cadet shall drink any spirituous or intoxicating liquor or bring or cause the same to be brought within the cadet limits or have the same in his room, tent, or otherwise in his possession upon pain of being dismissed the service." This regulation has been always construed to make it mandatory for a general courtmartial, if the charge was proved, to impose a sentence of dismissal. On the 15th of June, 1911, the prior regulations of the Military Academy, approved December 1, 1902, were superseded by new regulations now current, paragraph 142 of which provides as follows: "Cadets who shall drink or be found under the influence of intoxicating liquor or bring or cause the same to be brought within the cadet limits or have the same in their rooms, tents, or otherwise in their possession shall be dismissed the service or otherwise less severely punished.” It will be observed that this new regulation can not be construed to make a sentence of dismissal mandatory in case the charge be proved, but gives latitude to award à less severe sentence, in the discretion of the court. These new regulations, though approved on the 15th of June, 1911, were only forwarded from the Public Printer at Washington to the Superintendent of the Military Academy at West Point on the 29th of August, and consequently they could not have been put into effect until brought to the knowledge of those concerned. The strong presumption was, therefore, that the court-martial for the trial of Cadets Freeland, Sasse, Simkins, and Christian could not have been aware of their discretionary powers in the matter of the sentence so imposed. This strong presumption has now become a certainty, inasmuch as the Secretary of War, by direction of the President, has corresponded with the members of the court-martial and satisfied himself that they had not been informed of any change in the regulations by Gen. Barry, who was the officer who convened the court, and were, therefore, ignorant of the fact that they had discretionary powers in the matter of awarding a lesser punishment. While it is true that on the 4th day of August, 1911, the cadets in question violated a regulation of the academy in having partaken of, or having in their possession, very small quantities of intoxicating liquor, it is also true that they were not in the slightest degree under the influence of intoxicating drink, or guilty of any impropriety whatever so far as their personal demeanor was concerned; nor were there any charges of such character made against them. In this connection it may be stated that the evidence of the violations of the regula tions by the above-named cadets was based upon their own admissions, made under duress and against their protest; and it may also be added (though this is not very material) that the Corps of Cadets was not at the Military Academy at the time, but encamped in the open country. Attention is called to the accompanying letter of the Secretary of War to the chairman of the Senate Military Committee. WAR DEPARTMENT, MY DEAR SENATOR: By direction of the President I made an investigation of the cases of Cadets Ralph E. Sasse, Ellicott H. Freeland, and Tattnall D. Simkins, third class men, and James D. Christian, fourth class man, United States Military Academy, dismissed by sentences of a general court-martial, which sentences were carried into execution October 6, 1911. I came to the conclusion that the court in sentencing these cadets was probably influenced by the mistaken construction that under article 132 of the Regulations of the Military Academy, under which these cadets were tried, a penalty of dismissal was mandatory instead of discretionary with the court. I therefore gave my assent to a draft of joint resolution authorizing the President to reassemble the court-martial, or as many members thereof as practicable, not less than the minimum prescribed by law, and resubmit these cases for a reconsideration of the sentences imposed, authorizing the court to construe said regulation as not necessarily requiring sentences of dismissal. HENRY L. STIMSON, Very respectfully, Hon. HENRY A. DU PONT, Secretary of War. |