The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-09
STATE AND MoRANS ARMY.
JUDGMENT BY DEFAULT AGAINST
THE IRISH VOLUNTEERS.


IL --
Ir TheS Vast To. Thsy Can Vet Ne Hesra on
thc Merits OF Their Claim to = Right TO
Rear Arms ss . military ORGANIZATION
who Is bisceuraGinG service In the NIiiitiai
Tho case OF James Moran against the Police
Department OF this city camo up before Justice
Pryor in the Supreme Court yesterday morning.
This is an action brought little more than a
year ago against the Police Commissioners,
after the Commissioner had refused to grant
TO the irish Volunteers, Of which organization
MIR. Moran is tho Colonel, a permit to parade
under arms on Decoration Day, 1896.
After the permit to parade under arms was
refused. Col. Moran. on behalf Of the Irish Vol
untoers. sued the Police Commissioners and
Chief Conlin, demanding judgment against
them, that they DO forever restrained from
interfering with any street parade with fire.
arms which said military organization may
make, and that they be particularly restrained
and cnjoined from interfering with the parade
which said organization contemplates on May
80. 1896, with costs and such Other and further
relief In the premises as to the court may seem
Just and proper"
The chief object OF the suit was to get the bot.
ter Of the Police Commissioner for the time be-
ing and to make 1t possible for the Irish Volun-
teers to parade. What Col. Moran really wanted
was to obtain an injunction against the Com
missioners. temporarily restraining them from
stopping the parade.
Since then the case has dragged along. having
been adjourned from time to time, at the request
OF one or the other parties in interest. Gov.
Black and Adji. Gen. Tillinghast have. however.
teen anxious to have the case tried. and, n few
weeks ago. the Governor ordered Major Henry
s. Van Duzer. Judge Advocate Of the First
Brigade Of the National Guard, to associate
himself with the Corporation Counsel in the
preparation and trial OF the case for the de.
PENDANTS. Therefore, while the nominal de-
PENDANTS are tho Police Commissioners and the
Chief Of Police, the real defendant is the State
OF New York, or. rather. the Commander-in-
Chief of the State militia, who is the Governor.
The defendants want the case dismissed and
tho plaintiff and his organization forever en-.
Joined IRON parading under arms. ne de
iecrs parade under arms they do so in violation
Of section AZ Of chapter o59 OF The avs OF
The frst paragraph Of This section reads:
Military ,parades by unauthorized bodies
p pTS9I1 afSsni NS BODY SSyp Of on men Ps S.A Sa sRSn t9 Guard rSsi
and militia and the troops OF the United States,
ss Sets sS SS ,b tea sas aas of % RpriI' is 2EF"a nnd hnw
are, in existence, shall associate themselves. to-
eT 1"r, O. : IN % nnbIis With Gqhm areaym or in 0r nnv siiv or
town in this State. - Any person vio-
iSting any provision OF this section shall be
. The defendants hold that the Irish Volunteers
were not an independent military organization
nm 'ho "SuhihS VI 'hos"iAA1ey soeS' ."ae
they were not in existence as an independent
military organization on April 20. 1888, and
from thai date up to and Including May !. 1893.
when the present Military Code went into effect.
The defendants assert that to fail to establish
would defeat the plaintiff. 49,:
nnlly specified, by name, those organizations
whicn were excepted from the provisions of the
tory OF the Irish Volunteers to show that they
could not possibly have beeu in existence con
OF a dozen or more Irishmen they show the his
tory OF MI the Irish military organizations in the
drawn is that Col. Moran's Irish Volunteers have
been IN existence only two or three years.
backs up his assertions by a formidable array Of
1fi.iayits from persons who say they are mem
ton is not only an independent military organ
~ization. but that 1t was in existence in 1888 and
Notwithstanding his assertions and his af-
fdavits, however, Col. Moran neither in person
nor by counsel appeared in court yesterday
.endanfs by default. In order that the case may
be be dec decided rson on Its IS merits Ma its ' how E nSrs. Justice Pryor ,rs =
listen TO- the argument I9me ;os eonasei and set the
Duzor will present his side of the case at that
time. II Col. Moran sees At, his counsel may
argue at that time.
Major Van DuZer has learned that persons. act
ing for the Irish Volunteers. have been engaged
In! III The w Sati OF d's Gnnrds fhees es'p posso ,nonl M Ioin
Van Duzer has learned. have been particularly
active among lnboring men, the rgumc used
TO induce laboring men to keep out OF the Ma
tional Guard being thatthe guard is used chiefly
to shoot down laborers." Here is a sample OF
the letters said to have been sent out on behalf
OF the volunteers:
NEW YORK, April 1a. 1897.
pendsnce Hail. NetO York.
DEAR SIR 1t is with sorrow I notice tn,
workingman is still being deceived into joining
those so-called State regiments. Is he yet 81
dumb that he dom tumble to the fact that Their,
Is nothing in those State National Guard rcgi
ments but expense. trouble, and Ludlow Stree
II our countrymen want military training, lie
them join such an organization as the Grisi
Volunteers, where he can resign when he want
to. and needn't go shooting down his fellow
workingmen in times of strikes. Kindly read thi
letter to your members or pass ii around to eacl
one, that 1t may act as a reminder against Join
ing those regiments. Fraternally yours,
"OwEN SARsFIELD, Room 8, Crystal Palace"
Crystal Palace is the name sometimes given
colloQuially. to the Grand Central Palace. tn
headquarters of the Irish Volunteers. Their
are four Sarsfelds In the directory. but non
whose name is Owen. In paragraph 5 OF tn
luminous and complaint served on the Polio
Commissioners when Col. Moran brought sui
against them Is this statement:
Tho said Irish Volunteers was organized 70
the purpose OF instructing its members in tn
use Of firearms and In tho discipline and drill q
a military organization. SO that they might be /
q ut and proper condition to support the right
and liberties of the people, and to enforce tn
laws of the State of New York IL called upon b
the military authorities OF the State"