The morning call., 1890-12-26

opinion or even the SUSPICION that because
The statute is silent as to the channels of
their application therefore they major and
Brigadier Generally are to be excluded"
from the benefits Of the retired list p0r-
vision.
THE VITAL POINT.
The second point is really the vital one in
the Turnbull case, for il the proceedings
suggested by the decision on the third point
are taken avail OF, the question would arise.
bow did the name ever come on the retired
list? and upon proof of the record OF service
that 1t Is and Was not continuous, the name
would have to be stricken from the list, not
ever to be restored under any circumstance
on the plea of the record in question. The
argument on the second point is regarded
such an extraordinary one and the reasons
Tor 1t not less so. that were it to be upheld a
hole is Knocked into the retired list provis-
Ion, permitting any one to avail himself OF
retirement, who may ever at one and at
another period since the admission of Cali
fornia have served total Of eight years.
The construction placed on the word ''con-
tinuous Is SO opposite to all authorities
That 1t Is given verbatim:
say that the statute does not use the word
consecutive but Continuous, and We are taught
that continue Is an irregular verb continuous he
parts Of speech, tense or connection do any OF
these words mean what cousecutively does
without break cessation or interrupt Ion.
Bryant, In his History of The United States,
when speaking Of Nebstcr's reply TO Hayne,
says. "he spoke amid continuous applause" ami
meant not That the applause ana speech ran on
uhinteriuptedly together, but that tile speaker
was Heqnentiy applauded. One often hears that
ut rain, Il continually last winter" but no one
PERMISSION for ninety days; and when hiacaulay
writes of James reign that 1.-The people contin-
ued 10 mulmnr." he hardly meant that they
never at. drank, slept, iab0red or Travelled, but
murmureu Without cessation,
g.. WY then give a strained and unnatural
Int, 10 the use OF this word con.
which It bears nowhere else? Ii tho Legls-
lsture had Intended The eight years OF an
oficers service 10 be made without break or ill.,
terregnum, IL would have said "elght consecu-
i've years." but whatever the construction of
his word may be, IL Is very evident that general
officers seeking enrolment on the retired list
are exempt from all investigation, notification
and attestat0n OF either Adjutant- General or
Brigade Commander, and his retirement is sub
1ect only 10 The discretionary action Of lie Com
mander-lu-Chief. to whom lie must apply, and
from whom the order of enrolment issues.
Necessary contact and the proximity OF rank
between general officers aud the CoIDmander-ln-
Chief makes him the 1ttest judge of their entI-
tlement 10 the favor sought, and the Legislature
evidently intended II as a prerogative OF his
Ofllcc.
ENGLISH AS SHE Is SPOKE"
Herewith are given, however, the defini-
tiOns by standard dictionaries OF the words
continuous" and consecutive" applied re-
NY tUt StdluL6 10
officers and enlisted men, and it will be o.
served that all declare that Continuous"
does necessarily involve the thought of
without break, cessation or interruption :"
CENTURY NEUTRALITY-SUSPICIOUS.,
Connected, uninterrupted I'm space or time);
characterized by continuity; not affected by dis
connection of parts or intel upton OF sequence
having uninterrupted extent. substance or ex-
iSteuce; uDDrohen uninlermitted or constantly
renewed; continual
Consecutve-U Uninterrupted In course OF sue.
cession; succeeding one another III regular
der; successive.
WEBSTER'S INTERNATIONAL DICTIONARY
NEUTRALITY-SUSPICIOUS. break, cessation VI utter
ruptlon; withou. intervening space or time; un-
Interrupted; unbroken; continual; uncrasing;
constant; continued; protracted; extended
observation-disclosures in u train; succeeding
one another IN regular order; successive; un
Interrupted III Course vi succession; with no In.
terval or break.
N's-Continuous-To keep or hold
together, Without Stop or break; TO contain; to
connect; 10 add TO the dimensions; 10 pIOlOug
TO draw out IN length; TO keep with, 10 remain,
TO be permanent, inccssant or without ceasins;
TO preserve, To perletuate; also 10 last, To en-
dure, 10 larry, 10 lOiter, TO delay.
COnsecutlve-TO follow close AFTER to persue,
10 oveftake. TO come up with, 10 reach, 10 attain.
To gain.
IMPERIAL DIcTIoNARY-Continu
without Intervening space or time; proceeding
from something else, without interruption or
Without apparent Interruption; unbroN Ell.
observation-disclosures i'll course or sue
eession; succeeding one another in regular
WoRcEsTER's DICTIONARY = Continuous =
Joined together closely or without chasm or
interruptions; connected; continued.
Consecutive - Following III Tain; uninter-
rupted; successive.
JoHNsoN's Observation-Disclosures
together without the intervention OF any space
CONSECUTIVE = Following In Train; uuinter-
rnpted; successive.
SToRMoUTH's ENGLISH DIcTIoNARY-Con-
tinuous-U Uninterrupted, loiued without inter
Conseeutive-Follo one another in regular
ORDER succeeding.
The United States statutes require that
an alien shall have resided Continuously
within the United States for at least five
years" and will it be contended that he VINO
mas resided in this country in 1882, 1884.
1886, 1888 and 1890, but any where save in
the United States i'll 1888, 1885, 1887 and 1889
will be admitted to eitzenship? If the Leg,
an officer on the Ietired list as blind pre-
rogaliye OF the Office Of Commander-in-Ch Chief,
and that the continuous period OF eight
years" implied no break, no cessation, no
Interruption, then Why did it employ the
term continuous period rather than the
simpler and unconditional term period of
eight years?
FIGHTING A WRONG BY A WRONG.
The ruling on the third point, which is
nice technicafity, is incontroyertIble, as will
be readily admitted. 1t is as follows:
The power OF the Commander In Chief and all
statute, and mud nowhere any authority tor The
cancellation OF the refill ement Of any officer after
due enrolment by any Commandments. Chief,
whether II be the one that retired him, his lmne-
date successor, or any other.
When the Cummanderin- Chief has "eaused
orders 10 be issued retiring The officer," ana such
retirement Is completed by enrolment .'in the
rosters kept In the Adjutaut- q eneraPs office
division Headquarters. aud at The brigade head
quarters" as required by law, they have both
exhausted their Stat utOry functions in that mat
Ter, aud cannot recall the act except by the aid
Of courts martial or Of inquiry, the preermsnI of
charg es OF fraud, f2sehOod or MISREPRESENTATION
IN tie Ofllces APP plicailo judicial investigation
and Judgment in due FORM for, were II other
wise. the anomaly may occur OF each Governor
Commander Chiei) OF his own voliton aud on
his mere order removing every political opponent
from The retired LIST, enrolling his own parlisans
aud they stricken on again by his successor
when politics changed; or. II a COMMANDMENT
Chief may use this power of removal at his own
sweet will, lie may make enrolment or removal
the reward or punishment for partisan service or
political hostility, anu lhe law would thus be-
come a scoufge aud not benefit to the deserv-
Ing soldier.
On this point Acknowledgement Orion las
the order shows and Acknowledgement
johnson only cOncuTred in the opinion so
that eN-Major-General Walter TurnbulPs
case would seem 10 dwindle itself down to
this: Not having served for the continu-
Gus period of eight years." that is without
break, cessation or Interruption" as the
record OF his service proves, he was, not
wihStanding, by some manner placed on
the retired list. The taking off of his name
was an Unauthorized act, because no Judi
cial investigation and Judgment in due
form" had been had, so that this said act
No. in pulling down the name made legal
said act No. in putting up the name-in
short one wrong was made right by
another wrong
DISAPPOINTED CANCERS.