New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-26
NATIONAL GUARD AFFAIRS.
THE MASTERING OUT OF COMPANY I.
TwENrYsECoSp REGIMENT MEN DISSATISFIED

TWENTY SECOND REGIMENT MEN Dissatisfied
TO TEST THE CAsE-s0ME OPINIONS
The fact that an injunction could not be obtained
to prevent Governor Hill from dshanding Companies
G. + and l. of the 22d Regiment crca I'd considerable
surprise among members Of the National Guard gen
orally. 1t was lot certain Tat "A permanent in
junction could be secured bat it thought that a
temporary injunction and or'"r "a SHOW ca>e
why the order d!s!andng the regiments should not be
withdrawn could be SccurO ard that 'hcp the case
could be brought before the supreme Corit ana argued
upon its merits. II appear however, that according
TO the law a, II stands, and it has been in
tcrprcted 10y TIE Court OF Appeals, an injunction
against state official 20 prevent him rom Perform
Ing an official act is nclIc' ual. and thu. the officer
can disregard the order AID still not bring hm>cf into
contempt Of court.
Nothing was done toward preventing the Adiuant-
General from carrying out The order di>baidnS the
thrce companic, until Thursday afternoon. when the
order requiring the Govcrnor t. show why the
obnoxious order should not be rc>cindcd Wa, handed
to justice lngraham for his signature. Ii was on FIJI
DAY morning that Justice IHgrahan explained To ASA
Bird Gardiner the provisions of the lax have bccd
related Mr.. Gardiner then determined to allow the
order to carried and then begin suit against
the officials to have their action pronounced illc-tl
and void Papers in that suit will be ready for ser
vice within few days.
Mr. Gardiner ,yS that the action Of the Commander
III Chef j. Outrageous, scandalou, and unlawful. lie
openly declares thdt AdjuantGcnoru POitcr'S CDhiN
for Captains Leo, Lilcndah and Du Hoi, is due 10
the fact that these three ohccr, resisted his attempt
to have tnc regiment adopt the state uniform instead
Of the distinctive white worn, and that
General Porter has taken this M thOd Of getting rid
4 the three officers named bccarc OF thc? opposition
Mr.. Gardiner has record both a. soldier and
lawyer which entities hi, opinion, to the
utmost respect, and he declares confidently thai
no will be able q revoke the orders OF
the Commander inChic in this respect. lie
bases his opinion upon he pr VI lows of IN" Federal
| Constitution which provides Au'lc l, section ..
paragraph ID, that "Coo;i>',> ,'l nrvc p .wcr to
provide FOR organizing ainiuG and d-clpl.nn- the
militia. and for governing such part OF them may
lie empioycd in the service -. the United states ::
wing To- the States erlivciy The arpoitnt
VI the officers ana c authority Of t. aiming the mill IA
accord ng to the discipline prescribed hv C1u@:c'S.7
The act Of l7o2 repeatedly in the revised statute,
IF ls74. Mr.. Gardner contends. provides TO- tho
organization but not foc tho dlsbandm''.t OF the
militia and he declares that consequently all state
laws in violation Of the act) 6s 1859. which was re-
enacted in thu revised statutes of le.l. arc uncon-
sttutona. SssF
lie does depend entirely upon this indirect un.
corI,tutonulityo he state law giving The commanders
chief the power TO disband companies ana regiments
however lie relies upon state lay, which have never
been repealed, and which generally IT, ognlci AMI
often brought into at this time. fhc puticuar
law In question is section 10 81 the " tary CoG. which
reads: . The commander in chief. the com.
mandcr OF division, may, Tor sufficient raSon AMI in
his discretion. discharge enlisted under his com
mand, with without their consent, at any tine
upon the recommendation Of tn troop. battery or
COMPANY with the approval Of the commander f t.
regiment battalion ana Of the hrgai' To Viii they
belong: but enlisted shall Ice honorabY dis.
CHARGED from service unless he produces the certificate
II his immediate commanding officer that he has
turned over, satisfactorily accounted for all prop
crty issued to him. Provided, however that no III
discharge shall he granted By the commandment chief
or any commander Of division before Tie cxplrutlun
Of the trm Ot the enlisted man. without
his consent. until after he has had ten day
notice Of the grounds for The Iccommendat on
IL his discharge, and ten days opportunity
to be heard and for explanation ana defence before
the commander chief Or the division commander.
And H. attcr such notice and sUCh opportunity and
such hearing, explanation and defence. II any, tho
commander III chief the division commander shal, dc
eide to discharge the enlisted then the order
Gscharging him shall state tho grounds upon which
the commander in-chicf or the division commander ai
decided that such discharge should be had"
This section plainly provides that enlisted man
cannot be discharged until his time is up without
and then after he has had ten days In which 10