New-York tribune., 1900-07-15
REVIEW FOR MAJOR SMITH.
HIS DISCHARGE FROM THE NATIONAL
GUARD TO BE CONSIDERED IN
\ CIVIL COURT
\ CIVIL COURT.

The writ of certiOrari asked by Major Clinton
II Smith, formerly OF the list Regiment, to
review the findings of the Board of Examina-
ton, whose report Governor Roosevelt dis
charged him from the National Guard.
granted yesterday by Justice McAdau. in Part
H. Special Term. Of the Supreme Court. In
granting the writ the Court said that il had
been informed by Major Smith and his counsel,
colonel Bacon. that the proceedings of the Board
OF Examination were irregular. void and with
out authority jurisdiction, and that no evil
denCe was given, nor trial or examination had,
to justify said findings. approval and removal
The Court thereupon orders a return 10 he
made within twenty days 10 the clerk of the
county Of Albany of al the proceedings in the
Smith case The order is very comprehensive,
calling for all the testimony. evidence rulings.
offers. exceptions. decisions and proceedings
had at the examination Of Smith. In his appli-
cation to Justice McAdam. Major Smith alleges
conspiracy on the part Of General Roe, and says
that if any evidence was presented to the Board
Of Examination it was given at some secret
session Of the Board at which he was not pres
ent and of which he did not receive notice. He
declares that the Board came TO its decision al
the personal request of the Governor and
General Roe, and alleges that before the Board
met two members of it had said that he
Smith should be discharged from the guard.
prejudice against him forward as a challenge
of the members of the Board and not al
lowed to make any challenges at all nor TO give
any evidence at the hearing. He asserts he has
vet to learn what charges have been made
against him and says:
The Court of Inquiry, sitting hehnd closed doors
and frequent requests TO him 70 resign are all
mart of a preconCeved conspiracy between Gov
the Court of Inquiry and Board OF Examination
selected m do their bidding for the express pur-
pose Of using the forms and tricks OF law 10 de-
~ tbS National Guard without Formulating a
charge against him that could be met in fair trial
and without giving him an opportunity to be heard
in his own defence.
Colonel Bacon counsel for Major Smith. said
yesterday:
We shall now be able TO learn what the Board Of
co,,3a nrstttt near fndine our what the CHARGES
against Major Smith are. These papers must be
pToduced within twenty days. Then later the
ernor discharcing Smith from the guard Will he
argued | have no doubt OF the ultimate innate result
lery sfSn General Roe ana his assistants bay,r
blocked us. determined that the public should not
know what the charges The support which
the oAfcers Of the list Regiment continue 10 give
with him at San Juan think of the infamous perse
tion of that officer
Major Smith. when seen, said:
I am glad TO hear OF the decision of Justice Nc
Adam. because know that if | ever get hearing
I shall show up the whole plot Isn't 1t fine
spectacle for an officer of the guard in the State
Of New-Tork TO be compeIed 10 so to a court TO
get an order to nnd out What ne IS accused or It's
as bad the dark methods of Russian tyranny
charging me without hearing is good law then
no gentleman can be an officer OF the guard. A
day of reckoning Is coming for the conspiratoIs
who have been bounding me- and this writ shows it
isn't far Off