New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-03
NATIONAL GUARD AFFAIRS.
THE NAVAL BATTALON's NEW HoML-CAPTAN
LEO DEFEATED AGAIN.


LEO DEFEATED AGAIN.
The decision Of the Park Commissioners TO allow
the Naval Reserve battalion to Castle Garden for
an armory mas released that organization from an
embarrassing situation The question Of place os
a home has been the biggest problem which ha, con-
frOnted these enthusiastic amateur ars since the as
ISOLATION formed The fact that the Reserve mas
shown such communicable progress under these dis
hearteng conditions argies well for its future ereer
The members have strong hopes that Castle uaToea
will be a permanent home for the organization. Ne
better situation than this could be found for an
armory for the Reserve. and it would be hard To con-
ceivo of q better to which to put the building
than this Ii seems somewhat parsimonous on the
part of some one make the members OF
the pay out Of their own pockets iOr repairing
the building and making the floor safe
More legal literature bearing upon the rights on
National Guard officers added TO that areany lh
existence by the decision OF the General Term Ok ts
supreme Court on Thursday, in the case OF captain
John p Leo agninst Colonel Camp, OF tie ia kesl-
ment Failing his reinstatement by proceed
ngs against the Governor. after carrying his case I'd
the Court OF Appeals Captain Leo asked for a man.
Jamus requiring Colonel Camp to put his name on
the rolls OF the regiment again. In this attempt 10
was unsuccessful at Special Term, and now tne "en-
era Term has affirmed the decision Of the over court.
This decision is interesting because two Opinions arc
written by Judges who have not hitherto considered tho
and Lambert both wrote opinions, concurTins, now
ever. in the result reached. In his opinion Judge
Daniels says:
The applicant states that he has been deprived OF
his Office and that due demand had been mace OF ."o
commanding officer Of the regiment Tor his Hseoiauuo
to that office, which had been unjusty ana uhia"iuS
refused And the writ has been appled for, commahd-
ing the respondent the colonel Of the regiment, MS
SUCCESSORS subordnates and assistants, to restore o
name OF tho petitioner to the roll Of officers OF ue
regiment and TO recognize him in the performance y.
the functions of his Office captain therein, ana
permit him to exercise the powers, duties ana PRIV
ilegcs Of captain In the regiment The colonel OF mo
regiment had no power TO comply with THIS 90
mand even though il was made as thAs
is slated to have been done, by the aPpn-
cant For as the company had been lawfully
| dsbanded, and the other companies composing nc
regiment each had its own captain the coohel VI"
not have the power. If he had the inclination, n MAKE
This official restoration OF the applicant That he had
been removed or was intended 10 be removed from MS
office has not been established as fact All ''a. In
been done has been 10 comply with the orer VI tI'o
Commanderin Chief % disband and muster out tho
| company And that still left the applicant III nv
Office but necessarily only as a supcrnumcrary' ITO
| has his Office without command The Judge ZION
ouotes Colonel Camps affidavit in which he saws thas
no demand has been made on him 70 recognize oap-
| tain Leo rs a supcrnumerary officer nor 10 ac0"iu
him any privileges rights as SUCH As there SeehS
| 10 be 10 reason" he continues, ioT uo"p''"e Wv
correctness of this statement. the CONCLUSION fo"s
that the applicant has been denied any OF his eSSA
| rights
| In HIS opinion Justice Lambert sayst
! 1.-THE principal charge made by the rolaor aganss
the respondent and alleged to result IN serious coisc
ouences to him that lie struck his nanc rom INC
roster OF the 22d Regiment without right or authority
~ law and has since deprived him of his ONCE ana
| appurtenances thereto. Having become super
numerary officer we see good reason why his name
shonh be kept on the roll with the officers In the
discharge OF active duties and ne doe, not cite us
any rule or regulation under the military law OF the
state or statutes requiring his name Il be so kept
either by the respondent any other person ana We
believe none such exist. IT is manifest that there Is
M sensible reason for such regulation practice
section "A OF the Military Code. amended by chapter
49, OF the laws OF l-ss and Regulation No. III, pro-
vdcs FOR TIE only system Of enrolment OF super.
| uumerary officers TO which our attention has been
| called and profcssedy tie IeatOr has not complies
with these Provisions and nus np na fa poSs
submitted behalf Of the relator, IL Is claimed tiAo
@ enSE aS p no. a fDIp Of the S rules 9 ans to ero
mont OF supernumerary officers for me eAprcs; pur
duty a. by the statute provided. II Is therefore made
plain that the respondent and officers % me 20 "a
| Regiment were under duty or obligation TO the
relstor continue his name as commissioner V'rer e.
of tho I'D ReGmen upon Its roster If So there !. nS
it,'S drop@,ng his name from the roster"
After waiting long time for quorum inc a arnarS
Of the I'd Battery and examined thirteen npphes'S 20.
commissions in the various organizations IN t1c rrsg
| Brgade All the men passed the examinations ana
| the papers have been forwarded 70 Albany Ino
| commissions are expected within q few days III, IN
| iIarper's Weekly has an illustrated arllcIc ".
Troop 4 I'm the last number The pictures are iront
drawings made by Frederick Remington and full credlt
is done to Captain Charles +. Roe and his spiehdio
| body 81 troopers 80 "a, ,,,u, ro.r.
The Big Sixth" Company OF the 9th Regiment kceps
on recruiting In spite of the fact that ~ ALREADY ms
nearly full company the waiting list FOR ,ns
reason that In athletics and In the number 81 msrks
| men qualified thi, company stands without peer
il IS worth the while to give The pam Oh re'ent 10
RlorE Albert v W Talman. Louis W. Stotesbury,
oliver F. Farley. Harvey X. Lines, Frank McGovern.
| Richard A Reiniseh Frank VI. Edwards samuel j.
Mack Junus ii. Stone. Frank H. Foye, George r
Holmes IT. George r. Nugc1t. lleDry d. Mora, iar-
Wv u Ijnryer and otto Louis D0mmerick. John II.
TAYLOR and Henry b. Helmke have been elected hon
orarv members Private George W. Hart, IT., has
been Elected corporal, vice Arthur, returned to tne
renks nj his own request. Colones George d. scott,
~ the sth REGIMENT: william seward. ir.. II the
ON Regiment. and Iieman Dowd Of the 18th Req,
ment have been appointed 10 hold dennqn ncY
court mt brigade headquarters. No. l3f West Fifty
sixth st., on Tuesday evening.