The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-04

to make o reorganization OF any Drancn OF
the militia Section 8of the law OF 1859,
which provided for the organization of .
National Guard III the State provides That
the Commander-in- Chief alone had tho
authority to organize brigades. Although
this section was repealed q few years later 1t
did not take from the Commander-in-Chief
the right accorded him to organize the
militia. The act was a special one to pro-
vide for the establishment OF q National
Guard. The Commander-ip-Chi committed
the act called for in that clause, and the or
ganization stood until Order No. Z was
issued.
''rhis order is illegal because 1t attempts
to consolidate together two regiments with
out the consent or the officers of the same
/ hold that the enlistments OF privates and
officers are contracts between them and the
State and they cannot without their consent
be transferred to another organization. The
private or officer, as the case may be, does
not join the National Guard OF New Jersey.
He contracts with tho State to serve five
years in q certain company Of a certain regl-
ment l claim that tho retirement of OIL
GERS provided for in the order is illegal n
without authority, The only person who
can do this is the Governor and he can only
do it when an officer Is found to be ineom-
petent by an examining board.
There has been an attempt made
to honorably discharge me. Tue State
INV q t11V &i44 AA@1h@
cluded, must serve five years before an hon
orabie discharge can be granted. An honor
able discharge gives to those securing one,
special privileges such as exemption from
jury duty. Major General Plume, in his
order, attempted to honorably discharge
men and give them benefits they have not
earned. / claim this is illegal"
ENERA PLuaE's REPLY.
When Counsellor Hill took his seat, Gen.
eral Plume addressed the court and said
that he had a complete chain OF evidence IN
the shape of letters, which he would submit.
In one of tho letters, under date OF February
II, 1892, which the General read to Colonel
Stevens, he expressed himself as being in
favor of the reorganization, but said he
didn't want Colonel Stevens to make any
sacrifice. II propose to show" said the
General, .tthat l had perfect authority
to issue Orders No. Z. | have here
the order of the Secretary of War providing
for new drill regulations. | mention this be-
cause the United States Army regulations
are binding upon the National Guard of
each State, SO far as they do not conflict
with any law of the State. The new drill
regulations provide for the reorganization
of regiments nto battalions. Previous to
the Reorganization the First Brigade con-
sisted of one regiment OF seven companies,
one regiment Of Eve companies, two regi-
ments of six companies, three battalions OF
three companies each, and one Gatllng gun
company. There were 81 regular field and
staff officers, 81 battalion officers, 80 COM
pany officers, and 4 officers for the Calling
gun company. There were 4oS non-commis-
stoned officers, a grand total OF 652 officers.
There were 1900 enlisted men, and on an
average there was one officer to every 2 3O-l00
men.
"When general orders No. 9, which pro-
vided for the reorganization Of the Second
Brigade In battalion formation was issued,
the Commander-in-C Chief, Governor Albeit,
then notified me by letter to organize on a
basis of two batIalions of four companies,
each to a regiment"
"Have you got a copy of those instruc-
tionss" asked General Spencer.
~ have not" angrily replied the General.
who continued as follows
Paragraph sixteen of the State military
law says that any regiment which falls be-
low the standard can be disbanded by the
Division Commander. The new drill regu-
lations provide for regiments of at least two
battalions of four companies each. At the
time of the reorganization there was not one
regiment in the brigade which came up to
the standard, the largest having but seven
companies. / had a perfect right to CONSOLE
date every regiment in the brigade. Pre-
vious to the reorganization the State Mill
tary Board adopted the new regulations and
sent them broadcast over tho State. This
may astonish some of you"
The General then submitted a letter of
May IA, 1892, in which General Stryker or
dered him to ~reorganize the First Brigade.
ALL AGREED.
ri desire to call YOU attention." he con-
tinued, s'to the fact hat the plan Of Ieorgan-
ization was submitted to Governor Albeit
seven days before it was ordered. The Gov
ernor asked each member of the State Mill
tary Board if he approved Of the plan and
each one replied, Yes Well Them said
the Governor, issue the order In regard to
the charge Of my honorably discharging
commissioned officers, / would say that l
never made such an order. l would have
exceeded my authority had I done so. The
clause of the order referring to this matter
has been misconstrued. I simply stated that
the commissioned officers would be honor
ably discharged. The only officer who can
do this is the Adjutant General, and | was
presuming that he would take that action
1 have no authority to make an honorable
discharge"
A LITTLE TILT.
Counsellor Hill then said:-"Although the
order does not directly say that you would
give the men an honorable discharge, the as
sumption that you would do SO is there"
AT want you to understand that / can't
discharge n ~of1cer,n said General Plume,
and l defy you to show me an order where
in l have. I can only certify that officers
nave or viii be honorably discharged"
This ended the argument for the evening
and the court adjourned until next Tuesday
evening at half-past seven o'clock. All the
witnesses above mentioned will be sub
ponaed to appear and give testimony.
The remarkably clear and strong defence
made by General Plume has surprised all
those who are interested in the investigation.
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