New-York tribune., 1899-05-17
ACCUSES THE GOVERNOR.
MAJOR SMITH CHARGES OPPRESSION
AND SECURES A WRIT RESTRAIN
ING THE ACTION or THE Ex-
AIMING BOARD

ING THE ACTION OF THE EA-
4 AMINING BOARD.
Colonel Alexander s. Bacon. counsel for Major
Clinton II. Smith. OF the list Regiment. OF the
National Guard, yesterday obtained from Jus
tice Miles Beach, in the Supreme Court, an alter
native writ OF prohibition restraining Governor
Roosevelt and the Board OF Examination APP
pointed by General orders No I. headquarters
State OF New-York, Adjutant Generals office, from
holding the proposed examination into his moral
character capacity and general fitness for service
In the National Guard as commissioned omcer.
Major Smith alleges In his petition that the soe
object of the Examining Board is TO condemn him
and to advise the conscience OF Governor hoose-
welt. whom he charges with being concerned IN nus
oppression, and at whose instance. he AYERS, the
Examining Board appointed
The members Of the Board Of Examination con-
sist OF Brigadier-General Peter c. Doyle OF the
Fourth Brigade: Brigadier-General Robert sna"
Oliver. OF the Third Brigade: Colonel Robert Tenn
pie Emmet. OF the 1st Regiment. n. @. s. n. L.
with Judge-Advocate Martin Carey. Of the Fourth
Brigade as Recorder, and was appointed under Sec
tion GA OF the Military Code.
Major Smith says that he has been member OF
the National Guard for over seventeen years III
good standing. without blot upon his record. and
that at the outbreak OF the Spanish war he. with
the list Regiment entered the volunteer service
OF the United States On the promotion Of Colonel
Greene, Lieutenant Colonel Wallace A. Downs was
made colonel. and he became lieutenant-colonei AS
there three battalions in the volunteer regl-
ment, he became a major. served In the Cuban
campaign and. when the regiment was mustered
out, again became n major in the list Regiment.
Two captains belonging to the regiment IN No
vember. 1898. published. he says an article In the
newspapers. for which they were court-martialled
and punished. The article reflected the military
conduct Of the petitioner and others at the battle
OF San Juan on July and 2, 1895
Major Smith says that he then applied for a
court OF inquiry. but that his request, though ap-
parently voluntary was. a matter of fact under
the compulsion OF Major-General Roe. who appoint
ed the Court OF Inquiry which convened In New
York and took testimony relative to his conduct
and that OF Major Whlttle in the Cuban campaign.
and was intended to cover the acts OF the list
Regiment and OF Its officers Major Smith says
that all the sessions Of this court were secret al
tnough he protested against this course OF pro-
cedure. The inquiry divided into two parts
the first purporting 10 relate TO him and 10 Major
Whitte. and the second TO the conduct OF the regi-
ment.
He says that he and his counsel. Major whittle
and his counsel. and Captains Bleecker and Meeks
were the only persons allowed to be present the
% nrst part OF the inquiry, except the stenographer
ana that lot OF irrelevant evidence was taken as
70 him and Whittle and the regiment and It's on
GERS; About half the testimony was taken when
present Colonel Bacon. he says was present as
s0sc,Sa for the regiment but did not represent
who rssEe% %aS' 4 to % to
reported TO the Governor who then made his re-
Major Smith says he was kept in total ignorance
curing the entire investigation OF any specific
Ssg SSnarge against him. and, even in the final hearing
oetore the Governor. before the general order was
promulgated. he says he was not informed OF the
mlsconnduct ms n or derelicton Of duty with which he
The general order he alleges, falls to specify any
parucuar acts but Its whole tenor is TO the effect
neglected
ana 2. 1893, and is utterly false.
ahe general order. he complains states that he
aS pa.e IN the battle on July /. 1908; but instead
property and rations This Statement he aeres es
10 q, be @ utterly false and untrue. and not sustained
tho contrary he did apply to the colonel to be
sent 10 the front, and was ordered to keep in
s rouGn With Wh the colonel. as they had orders to
,oEa,. ne further says that he July L. 1893 in
Ioreish service. that Of the United States and In
foreign country under the dominion OF Spain.
Yoqk mat nat "a in the State OF New
omission or commission alleged against him AZ
tnat time. No court in the State Of New-York has
al any JURISDICTION he asserts for any specific acts
me me United States service nor will the Examining
ssra nave any Jurisdiction to find him unit for
OF a single day. 0' ''' 'pe'''o acts
He alleges that the Board of Examiners is only
position such that it viii carry out the aspres s
sion sions Of opinion Of the Governor who convened t.
testimony already taken In the Court of inquiry
ne only professed object of which was to vadvse
tne conscience Of the Governor" and that the
Board OF Examiners will recommend that he be
dismissed from the service. There can be no an
peal, ne says from the finding OF a Board con-
vened under this general order, nor from the ac-
ton OF the Governor In its appointment and he
has therefore no protection either In law or equity
against the threatened assumption OF Jurisdiction
or this tribunal.
Justice Beach made the alternative writ return
able on May %. before Justice Beekman.
GOVERNOR WANTS TO SEE MIMIC BATTLE
Governor Roosevelt has sent the following letter
to Lieutenant J. NJ. Thompson, OF Company X list
Regiment, in response to invitation to attend
the mimic battle Of San Juan. to be fought at the
list Regiment Armory. In Thirty-fourth-st and
Fourth-ave., on Thursday and Friday evenings:
Executive Chamber, Albany.
My Dear Mr.. Thompson: / have your letter of
the llth Inst. wish could do as you request but
l have an engagement at the City Club on May 49,
II may, OF course, be impossible for me TO do any
thing else, but am anxious to the 7lst
Regment that shall strain every effort to come.
wish you would write to General Andrews and
Captain F. Norton Goddard, OF my STAFF and 10
the Rev. Thomas r. Slicer, In whose care shall
be that night. Yours. etc.
THEODORE ROOSEVELT
AdJutant-General Andrews has written that hs
shall be in New-York Friday evening and can
no doubt arrange to visit the armory