The National tribune., 1882-07-01

tion for membership in any other Post and
that the provision giving an honorable DIS
charge to comrades VINO. taking a transfer
card and not joining any other Post within
one year, does not apply TO anyone who ap'
plies to and is rejected by Post on said trans
fer. This opinion was affirmed by the Depart
ment commander, and from this decision Post
30 appealed.
The decision Of the Department commander
was overruied and the appeal sustained. G.
not being admitted to any Post within year
from the date of his transfer card, was hon
orably discharged from the Order" within the
meaning of sec. 2, art 4. chap 2, rules and
regulations. Being so considered" heis en-
titled to readmission under the conditions sci
forth in sec. s. art. 4, chap. ., and is subject to
no others. His rejection by Post q involves
not the question of admissl ion to membership
in the Grand Army, but the materially differ
ent question Of admitting a member OF the
Order to membership in particular Post. The
case, therefore, does not fall under sec. 5, art
2, chap. 2 rules aud regulations, nor under
Op. -, of 1876. There seems to be nothing in
the language of sec 2 art. 4, chap. 2, rules and
regulations. or in the context, implying any
discrimination between comrades who apply
and are not admitted on transfer cards, and
those who do not so apply at all. The absence
of any provision in the rules and regulations
for reporting reflections on transfer cards, is q
liCO iitLl, IllbuSil llpt 10
tive of the view here taken.
". J. q. H. applied and was admitted as q
new member in Post 3, of New Hampshire; it
was subsequently, discovered that at the time
of such admission he was a " dropped member
of Post II, of Massachusetts,: the commander
of Post 3 ordered hs'name dropped from the
rol Is, on the ground Of illegal admission. II
refused to go; later he applied to Post AZ OF
Massachusetts, paid his arrearages, was rein
stated and obtained honorable UlSphl
he thes claimed q continuance of his former
membership in Post 3, of New Hampshire
The Department commander sustaining his
position, Post 3 appealed.
The appeal was sustained. H., being a
dropped member of Post -. Department Oi
Massachusetts, was not eligible for admission
to Post 3, Department of New Hampshire, and
his admission to said Post being obtained by
Misrepresentation or concealmcut of facts on
his part. is null and void His subsequent re-
instatemcnt and honorable discharge by Post
~ does not render valid his previous admission
to Post . On the contrary, it shows more dis
tinctly the ilCgality Of that admission, and is
a tacit acknowledgement by Ill. Of his false posi-
tion.
V. P. H. c., Department of Kansas, was
dropped from membership in Post /, by order
OF Post commander, upon evidence that at the
time of his admission he was ineligible, being
a dropped member OF Post :, and Ms admission
to Post l null and void. c. appealed ON the
ground that the Post commander had no power
in the premises being himself i'll same condi-
ton as to membership with said c. The appeal
was overruled by the Department commander,
from which decision c. appealed.
The decision OF the Department commander
was sustained, and the appeal dismissed. For
mer decisions are to the effect that no action OF
a Post can admit 10 membership person de-
clared by the rales and regulations "inehgi-
bic" The allegation against the Post COM
mandcr does not become an element in decid-
ing this case.
VI. The case of c.. V, Department of New
York. tried by Post court-martial for petty lar
ceny; V. had previously been tried before a
civil court for the 0iicnsc, and sentenced to a
term Of imprisonment IL was during this con-
inement that the court martial was convened
the latter held that the accused was "willfully
absent" and the trial proceeded under Il plea OF
not guilty, entered by the j. A. The accused
was found guilty, and sentenced to dishonor-
able discharge. The proceedings and sentence
were ovcrruled by Department commander,
the judge advocate giving an opinion that
While Y. was St rylng out a sentence rs above,
no court martial could arraign aud bring him
10 !rial From this decision the Post auDeaed.
The decision of the Department ~
was affirmed, and appeal dismissed.
by reason OF confinement under Civi
.
civil nor military law permits the
person SO absent The case seems tq
which the rules and regulations s..
vide, but they do not.
l indorse the suggestion of the az, u,,...,
general, and Of the judge adyocate-general, for
the appointment OF a committee TO prepare a
digest OF the opinions heretofore rendered and
to make such notifications il the rules and
regulations as shall harmonic with recent
changes; one OF these opinions, afterwards re-
versed by resolutiOu'O Of the National Encamp-
ment, led me Unguardedly into an error III a
general order, subsequently corrected.
The resolution adopted at the last National
Encampment in relation to the prepayment to
headquarters for supplies has proved most
excellent one; most Of the Departments at once
adopted it for transactions with Posts, and the
entire business Of the organization has now
been changed from the troublesome and dubi-
ous basis of credit to the sound principle Of
cash.