Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-12
CHALLENGES THE BOARD
COLONEL MAY DECLINES TO SUB
NIT TO EXAMINATION.
Enters Objections on Technical
and Subsequent Action.

The first meeting OF the board of officers
| recently appointed by General Harries, in
accordance with the provisions Of a regua-
ton framed under the direction OF the Sec
Rotary of War and approved by the Presi-
dent to pass upon the physical and pro-
fessional fitness Of officers of the District
Of Columbia militia to hold their offices
| was held last evening. Col. Henry May,
| LIST Regiment. District of Columbia Nation
al Guard. having been ordered before the
board. put in an appearance at headquar-
tiers. and. 1t Is stated, TODD advantage of
every technical point that could be found.
After challenging in turn several members
| Of the board he submitted to physical ex-
animation. but then declined to undergo
examination to determine his professional
fitness to hold his commission. The declina-
| ton was backed up with the assertion that
the regulation under which the board of ex-
one as is contemplated by the District
militia law.
Probable Report of BOARD.
The report of the board will not be sub
| mitted for several days. 1t is understood
| the board will report to the commanding
general that Colonel May failed to make
legal appearance before 1t. He did submit to
a physical examination, but, it is held
thereby merely placed himself within the
jurisdiction of the medical members and
did not approach within the authority of
the board as whole. In the event of such
| report being made the indications are that
the commanding general will, in accordance
with the recently promulgated regulation
and the provisions of section n of the mill
tla act. recommend to the President that
Colonel May be honorably discharged from
the National Guard for failure to appear
before the board of examination, although
having been ordered to appear
G tod hat aln
the issues raised by his counsel and fight
the matter to a finish. The officials at
militia headquarters entertain no doubt as
to the outcome of the case. The raising of
the technicalities, they say. can only re-
suit in one advantage to Colonel May, If
| it may be termed advantage, and that is
delay.
The next step in the affair is not looked
Tor prior to next week.
Accompanied by Attorney.
Col. May. accompanied by his legal ad-
wiser, Attorney William F. Mattingly. and
by Mr.. John w. Hulse, a stenographer, re-
ported at militia headquarters promptly at
O'Clock last evening. Without loss of
time the proceedings were begun. Lieut.
Roberts, the recorder of the board read
the orders convenirg the board and direct
ing Col. May to appear before it. When
asked II he was ready to undergo eXamina-
ton Col May referred the question TO At
to one of the clauses of the new regulation
challenged one of the members of the board
Maj. Harvey Col May, Attorney Mat
hngly, Mr. Hulse and Maj. Harvey retired
from the room while the remainder of the
be ard considered the challenge After a
few moments the doors Were opened and
Lieut. Col. Love announced that the OBJ
lection to Maj. Harvey was overruled on
the ground that the composition of the
beard was d matter exclusively within the
jurisdiction of the converting authority.
Maj. Ourand and Lieut.. Col. Love We're
then challenged in order. and with similar
results. By direction of the president of
the board the medical officers then retired
with Col. May and physically examined the
latter. The report was in substance that
Col. May was physically qualified for mill
tary duty. Steps were then taken to pro-
coed with the examination of Col. May
with reference to his professional qualitica-
items. question was asked, but Col Nav
declined to answer. His legal adviser
thereupon read written statement set
ting forth the grounds on which Col. May
based his declination, referred to In the
foregoing. A few minutes later an adjourn
fob