New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-10
THE COURTS.
THE SEVENTH REGIMENT TROUBLES.

TESTING THE LEGAL RIGHT OF DISCHARGE
ARGUMENTS IN THE CASES OF SERGEANT
vEEDEE AND PRIVATE NORTH.
More mtamcn were in supreme Court. Chambers.
yesterday before Jus ice Barrett than LAWYERS Colonel
Appleton. Of the 9Th Regiment. and Captain Allcn'
OF Company ID. appeared defendants on the motion
for permanent injunction against tn" execution OF
tile honorable discharge OF Thomas b. Ve"dc
and Abraham L. North. private. The pain'iiS ann
also large number of other members Of tn" 1'h
Regiment also present. Henry w. >aokc't. who
10 member OF Troop A. appeared AS '"uh>'' Il"
the plaintiffs. Public Administrator Charles r..
Lydccker. who is captain in the 9TH Regiment.
represented the defendants.
Mr. Sackctt argued in the case Of Private North
that as he re enlisted in Company ID for hvc wears
from April l---, he had still two and half years
to and that honorllc discharge c"nid not
be issued TO him until the expiration Of that time.
under the Military Code, except for cI'c, ana AFTER
an opportunity to he heard that matter Of fact
In this Captain Allen, on account OF M personal
malice toward the paintir, because they wcr" witnesses
against him on the military trials, had caused them To
be discharged without notice or chance to OPP
pose the granting of the d.schar-c.
1t was admitted that Mr. North. when lie came into
COMPANY D. had only served four years Of his five
years enlistment in Company {. I;nt Mr.. >achett
insisted that the enlistment in April. e--. was either
a re enlistment for the four years after the expiration
of the term Of service or else new enlistment
under section 40 Of the Code for five years and IN
either honorable discharge could not he
issued to him until l-!3. ON the other hand. II TIM,
enlistment was enlistment at all. then Private
NOrth's attempted discharge still Illegal for the
same reason as that of sergeant Nccd"r. THIS WAS
that there authority of law for the d>charG"
OF an enlisted even though his term Of service
had expired. except with h.s consent or for cai>"
and in the latter only 10y the commander OF
the Drgadc The statute said that the honorable
discharge should be granted" 10 enlisted man
whose term had expired when he proiuccd" certain
evidence Of the delivery Of all state property N >
possession. And IL Contcided that thl> lin-a-c
prccludcd the idea that I'll" honorable Discharge C'u!d
he forced upon the The injustice ana hird>Iip
In Sergeant NcedcrS were aggravated 10y inc i''
that by two months more Of service he would bc
eutcd 10 the Maltese Cross Of Honor for ten year.
faithful service and that if he were compelled I" r.
enlist another company he would lose his sergeant :
stripes.
Mr. Lydecker in answering said that the plant rs
had made a mistake IN not coming - Colonel Ap
ple,on Immediately upon receipt of the notice from
Captain Allen, of thc.r discharge: and mtina,"d that
If they had made known 10 the Colonel that III"
honorable discharcc not at their request or with
their consent, he would not have signed the certificates
Of discharge. But Mr. Lydccher declared That A. E>
done and the certificates were actually i>>ucd
by the Colonel before the idnct on order Wa served
these proc et.nc> too late 10 picvcLt Whr; had
already been ooi>un!mat'h. In I'll" case of PRIVATE
North. MI Lvdcckcr coNtcnd"d that the second enlist
mcnt in Company ID in L., was void bee Au>e his
first term of enlistment Company had Eol
then expired. Therefor. lie said. both III" Ila nih>
were the position of enlisted Whose terms lad
eA pired and whom the company Hnd rr-!mcitdi
commanders could hOnUrably dis, iartc al any tl'
in their discretion. his IL, ta'cd upon ,'''"h ~
OF the Regulations for the National tIIri. vino
authorize the captain To- make such Application.
justice Jarrett asked WY tn rl"itIiN ''H.d no,
have protected THEMSELVES by 'rll~'luc. MI rci
replied that Private North supposed "a hid don" 81
by the enlistment of Apll, l-~- ad sergeant \"":c
mad never rcccivCd thr opportunity { re- enlist 81
notice that II was desired while Ia" ,ldIt" lrsH't1
them "a remain n"iuuc> without IL "uli> t".cut
IL cison reserved