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The cadet replied to the lawyer in a similar strain, and the lawyer sent the communication to the Superintendent. The cadet was then reported. All that appears on the record.

Now, unless you go back and see what this correspondence was, all you would see is the fact that he contracted a debt without authority, but the moral character of that cadet is shown by all that correspondence. His coming back here would be harmful to the last degree to the discipline of the Academy. The Secretary of War could disapprove and order him back. There are other matters, offenses, say, for trifling in the Academy building. He was section marcher; it was his duty to march a section. He wanted to shirk that responsibility and wanted another cadet to march that section. He shirked the responsibility; he was perfectly willing to allow the other cadet to assume the responsi bility and assume danger of the reports in order to save himself. Well, an officer noticed that he was not marching his section to the Academy building. He made an explanation and endeavored to get off the demerits that that report would entail. His explanation was not a straightforward, manly, truthful explanation, such as we want here, but he resorted to a statement which, while not absolutely untruthful, was a deviation from the straightforward truth that we do not want to have here. All of those matters coming in to us give an exact index of the character of the cadet, so that in spite of the recommendations of these gentlemen, we know that the cadet has imposed upon them and is not worthy of their support, and he would be a poor man to send back to the Academy, and if he did go through he would be an officer placed in some position of trust, and would probably fail.

Q. (By Colonel MANN.) I should like to ask the Superintendent a question on two points: This question of truthfulness-there is nobody but will agree that the first principles we ought to instill into our officers is that of plain, old-fashioned, straightforward truth; this question of discipline involves one point-the question of the use of tobacco. Understanding that the Superintendent said that tobacco had been purchased in violation of the regulations, I want to ask whether, in his judgment, as a soldier and as the Superintendent of this Academy, having himself once been a cadet, it would not be wise or unbiased to modify that rule, under certain restrictions, in the use of tobacco? I do not know that tobacco is essential at all to a young man, but I would like to know whether a reasonable control of the habit could not be had by what you call moral suasion, permitting that those men who desire, after information and moral suasion, who still desire to use tobacco, that they use it openly, without resorting to telling a lie in order to get it. Would it not be a good thing for this institution if such a regulation was made? A. I am free to say that if it was within my power I would change that regulation and permit, as formerly permitted at the Academy, the use of tobacco under certain restrictions, and my reasons for doing so would be these: When I was a cadet we were allowed to smoke during release

from quarters (which in your investigation you will find is not a very long time in the twenty-four hours). I do not believe it was harmful in any way. I believe the use of tobacco among soldiers is an excellent habit, because after coming in after a long march or drill, or when they have been subjected to many privations, they get their pipes, and their sorrows and hardships all pass away and they are contented and happy. At the Academy the prohibition of the use of tobacco leads cadets to smoke cigarettes and indulge in all kinds of habits. They will go out to the sink and in the area way simply to get a smoke, which many would not have had a desire for if it was not prohibited. It is like the prohibition of liquor in the liquor States-it does not prohibit. The regulation was made by the Secretary of War with the initiative of the Women's Christian Temperance Union and organizations of that kind throughout the country, who are often actuated by what they consider the best motives; but I think they make a mistake, and this regulation is a mistake. But I would not like to have this rule changed. I think there would be a howl throughout the country by the people who are making the assault on the canteen in the Army, which has done more for discipline and for the contentment of the men than any other one thing that has been done for the Army. My experience and the records of Fort Custer, Mont., will show that for the first year after its establishment there violations from drunkenness were reduced between 70 and 75 per cent. Fort Custer was an ideal place for a test of this kind. It is in the middle of a big Indian reservation and far away from any town. Before the regulation went into operation the post trader was in control. He sold beer loaded with alcohol, and sherry-Sand-Hill sherry, a most appropriate name, for it would drive a man crazy if he drank enough of it. When pay day came around the guardhouse would be filled with soldiers. When the trader was closed up and the canteen established there was no perceptible increase in the number put into the guardhouse after pay day; probably there would be five or six soldiers in all. The soldier was given the privilege of having beer of good quality, but the endeavor was made not to induce him to drink beer, but by providing other amusements he was encouraged to diminish the resort to beer.

Q. You would prohibit the use of cigarettes and allow the use of good tobacco under restrictions, would you?

A. I would allow the boys to buy smoking tobacco and regulate it. Q. How much time would that give them to smoke-that release from quarters?

A. At this time of year a half an hour after breakfast, a half hour after dinner, and a half hour after supper; that is, an hour and a half. Then perhaps a half an hour between recitation at 4 and parade and drill. Commencing on June 1 the parade takes place at 6.30. During the winter he has in addition to that hour and a half about an hour and a quarter. If he devoted all his time to smoking, he would have about

three hours. I do not say that I would encourage the use of tobacco in any way, but I believe it is better to authorize a certain use of tobacco than it is to prohibit its use and have them use it in violation of the regulations.

Q. (By Dr. WHITE.) I regard this as a special problem. I do not think we are talking about any average 300 men. It seems to me that this curriculum practice is keeping your boys in training for about four years. While I do not think the effect of moderate smoking is especially prejudicial to the average boy, if I had 20 men to get into training they would not be permitted to use tobacco, for I know it would hurt them. It is heart depressing, even if used in a moderate way. Q. Tobacco and the army canteen are now regulated by law? A. I would suggest the wiping out of the last legislation. Outside of my personal feelings and views of the matter, as long as the use of tobacco is a regulation it is enforced as any other regulation. If the gentlemen will go over the delinquency list published every Friday afternoon they will find that the number of tobacco violations constitute a very large number of the reports for violations. They have gone up some weeks to 25 or 50 per cent of them. There is a heavy punishment for violation of the regulation, and if the cadet violates it four times in succession he gets a more severe punishment.

Q. Then the demerits are all regulated by certain punishment—the Commandant or the Superintendent has no discretion whatever in regard to awarding punishments?

A. It is entirely in the hands of the Superintendent. The explanations go to the Commandant, and he indorses on them whether or not they are satisfactory to him. The Superintendent generally follows the Commandant's recommendation. If the cadet thinks he has been unjustly treated and appeals to the Superintendent, the Superintendent decides finally, according to the regulations and the offenses. The offenses are fixed under seven different heads, and about January the offenses that would come under these different heads were given to the cadets, so that the cadet knows exactly what his punishment would be for a violation. In the first class, which gives seven demerits, the offenses are less serious, and so on down to one or two demerits. Q. When do you resort to this prison discipline?

A. Only in an extreme case.

Q. Assuming that the course should be extended to five years, as has been suggested, what modifications or changes would you make in the present course of studies?

A. It would necessitate the revision of the whole course of study; it would take time to do that. I think each head of a department should be required to submit a report showing what course in his department in his belief should be pursued.

Q. Will you put that in the form of a communication to the Board of Visitors?

A. I will; but that would be one of the details of the change; it would be better, I think, to leave that question to be worked out by the Academic Board and the authorities.

Q. This proposed preparatory school, if established, would enable you to increase your course in Spanish by giving a year's work in Spanish instead of six months. Would you think that advisable? A. I should think it very necessary.

Q. (By Dr. WHITE.) Would it enable you to find the time for the course in military hygiene I was speaking about?

A. Yes; it would.

Q. (By Colonel MANN.) I would like to know whether it is not desirable that there be an amendment made to our existing law which would provide for the regulation of the course of study at the Academy by the Secretary of War, rather than have it fixed by cast-iron law of Congress; in other words, whether the changes that become necessary from time to time in the course of study in the passage from class to class-whether they ought not to have a certain amount of elasticity which can only be obtained by putting the matter in the hands of the Secretary of War, instead of having the requirements fixed, as now, by statute?

A. Decidedly; I think that would be good. Those requirements were fixed in 1802, and along until the Academy got to its present foundation there has been no change in that respect at all, but there has been a change in the text books themselves.

Q. Do not the Academic Board prescribe, changes in studies from time to time-add to them and take away?

A. Yes, sir.

Q. Then that law is really not a damper upon them, is it?

A. The Academic Board controls the studies that the cadets study, but not the course of studies.

Q. (By Mr. BROMWELL.) If the present course was modified so as to meet the requirements of increased attendance upon the Academy, would it be your idea that additional subjects should be incorporated in the curriculum, or would you aim to cover more thoroughly those you now have, immediately; or would you leave that to modifications suggested from time to time by the Academic Board?

A. I think it would be best to adopt, first, what would be believed to be the best course; then as experiments showed, to change. I think that military hygiene is a very necessary course. Lectures on the subject were given in camp last year by medical officers of the post and will be given this year, to impress upon the cadets the necessity of military hygiene.

Q. Do you give any special instruction upon the care of the sick and wounded to these cadets-any hospital training?

A. No, sir; except what they observe from their own experience.

Q. (By Mr. MARSH.) On the subject of law, you have instruction WAR 99-PT 1—36

here on international law, statutory law, military law, but, as I understand it, no instruction upon common law?

A. Nothing further than that embraced in military law.

Q. What are your views as to the necessity of a more extensive course in law, in view of the new conditions, especially those coming before the country now, which will place responsibilities upon officers in our distant possessions of administering, to a degree at any rate, and for a considerable time now and probably hereafter, civil jurisprudence?

A. It will be more necessary than ever before; it would be very advisable to take up instruction in common law.

Q. Rather civil law than common law, would it not?

A. Civil and common, both. In our study of military law where military law deviates from the common law reference is nearly always made.

Q. Officers are not instructed here upon the science of civil government to a thorough degree, are they?

A. No, sir; they are not.

Q. That is almost entirely dropped out?

A. I do not think it has ever been in. The civil government part is not touched upon, and it is highly important that it be taken up.

Q. Do you think the study of common law and civil government ought to be taught in the Academy?

A. I do; but then there are so many other things that have to be studied in the equipment of an officer that with the present four-year course I do not see how more could be accomplished.

Q. The law of 1818 is broad enough to cover it; is it not?

A. Yes. There is no question about the authority and the arrangement of the course and the five-year course; matters of that kind could be given their proper recognition. The board is thoroughly alive to all the questions that confront the country now and to the education of the cadets. This last class that graduated in February had about two weeks' leave of absence, and a great part of them now are in the Philippines, Cuba, and Puerto Rico, and in positions of responsibility.

COMMITTEE ON ARMAMENT AND EQUIPMENT.

[Colonel CAFFEY, Chairman.]

Q. I should like you to suggest, Colonel, what is needed in addition to what you have now, and whether you have any available or contingent fund out of which a better armament might be created.

A. The armament at the Academy, with the new guns that are on the way, is very good. Take the field artillery: We have the mounted battery which you saw yesterday-thoroughly late guns, and the regular service guns, 3.2-inch guns. We have another battery of similar guns for dismount instruction; and the siege battery, which is equipped with two 7-inch breech-loading howitzers and four 5-inch

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