Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-12-28
ARMY CIRCLES AGlTArED.


Capt. Mount suddenly Finds Himself
Out of The service.
Washington special to Chicago Tri-
hume: The legal minds of the war de-
partmeat have recently been engaged
upon some po2zslng questions connected
with the resignation of an army officer
which are causing considerable discus.
sion pro and con among those acquaint-
ed with the facts. Names have hereto
fore been carefully suppressed, though
without good reason. The officer con.
cerned is Captain John f. Mount, thi,d
artillery, until recently on daty at the
barracks in this city. The particulars,
briefly, are these:
TIE 30th ult. Oapt. Mounts resigna-
don as an officer was received at the war
department through the regular military
channels. The cause being asked, Ool :.
Gibson, in command of the third artil-
lery here. informed the secretary ct war
that the resignation was placed in his
hands some months ago by Captain
Mount with the understanding that ii
was to be forwarded for acceptance In
she event of q recurrence OF that officer's
nabis OF getting drunk. This happened
Thanksgiving day, and Dol. Gibson
promptly forwarded the resignation,
which was accepted by the president
without further delay. Before Captain
Mount had time to realize that his resig
netion had left the colonel's hands the
acceptance was presented to him
He at once set to work to secure o
revocation. Heiormerly protested sgeinst
the action of Col Gibson, claiming tha.
that officer had acted in bad faith TO
ward him, and that he was not drunk
Thanksgiving day. He asked for an in
vestigatlon tc prove 1t. His friends in
| great number poured in on the presi
dent and finally secured, it is under
stood, the executives consent for revo-
cation OF the order. And right here is
where the legal complications arose.
According to decision OF the United
States supreme court the president has
not the power TO restore an officer to the
service after he is once out without the
| advice and consent OF the senate. He
/ can revoke the acceptance OF resignation
| before it goes into effect. but after the
date has passt d as in tie present case,
the lawyers of the secretary's ofi.e have
| finally decided, alter much deliberatiop,
Onpt Mount cannot possibly be restored
without the consent OF the senate. The
friends OF Capt. Mount INSIST that the
| resignation was not regularly submitted
| ana is therefore void, which they con.
slider sufficient grounds for it's revooa-
| tion, notwithstanding the decision of
| the supreme court. In answer to this
another decision OF the supreme coutt is
quoted. showing that resignation pre-
sented in precisely the same manner and
surrendered under the same cireum-
| stances as in the present case was held
TO be valid in every particular.
The affair is further complicated be-
cause the social atmosphere between the
two families of the colonel and the cap
tain has for long time been icy. The
| captains friends claim that his resigna
| ton was placed in the hands OF the col
onel with the understanding that upon g
transgression on the past of the captain
the latter should be notified of TIE
colonei's intention, and three months
later the resignation should Re maile {
to the secretary, with the captains ful
| knowledge and consent. In this way ht
would have warning OF three monthp
in which he might make pro ,ision fo
himself and family. They therefore
charge bad faith upon Col. Gibson, who
Indignantly repudiases the statemeni
that there was any such understanding
While the case is pending the coolnes
between che families at the barracks j,
growing daily more 10y, and Capt. Noun
goes on duty with clockwork regularity
to the great complication of social ans
official matters at regimental head
quarters.