Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-08
COLONEL MAY AGAIN CITED
BOARD OF EXAMINATION TO ASSEM-
BILE MONDAY EVENING.
The Technically Which Prevailed in
Former Case No Longer
in the Way.

to be the beginning of the end of the con-
troversy based on the defamation of Col.
Henry May, LIST Regiment, District of Co.
lumba National Guard, to tender his resig-
nation when requested to do SO by General
George H. Harries commanding the Dis
trict of Columbia militia. 1t consisted OF
the issuing from District militia headquar-
tiers of special orders appointing board Of
examination, and ordering Col. May to APP
pear before the board next Monday even
ing.
The first order recites that IAN examin-
ing board to determine the professional and
physical fitness of commissioned officers of
the militia of the District of Columbia, to
hold their Offices is appointed to meet at
brigade headquarters at O'Clock pm.
Monday, June II, 1900. or as soon there
after as may DE practicable, for the cxami-
nation of such persons as may be ordered
before it,
The detail for the board is as follows:
Lieut.. Col. James NJ. Love, jr.. adjutant
general, District of Columbia militia: Maj.
George Henderson, surgeon general District
of Columbia militia: Maj Charles II. GU
rand, inspector general, District of Column
bia militia; Maj. William E. Harvey, 9th
Guard and Capt. R. A. Pyles. surgeon I'd
Regiment District Of Columbia National
Guard, with First Lieut.. Charles F. Rob
erts, adjutant. Attn Battalion, District Of
The second order sets forth that col.
Henry May, list Regiment, Is ordered to APP
pear before the examining board appointed
under special orders No. 81. paragraph 1.
Result of Previous Citation.
When ordered before a board of examina-
ton several weeks ago. as will be remem-
bered, Colonel May, through his counsel,
Attorney William F. Mattingly, raised the
technical issue that section "a of the mill
NO. -icfn ofy 1h
board referred to had been named. did not
set forth, in so many words. that the board
should be appointed by the commanding
general" This procedure caused the delay
1t necessitated the framing of a regulation
and the approval of the same by the
President of the United States-to cover
the technicality. The new regulation was
published in its entirety several days ago
in The Star. 1t plainly states that boards
of examination authorized by section "a or
the militia act shall be appointed by the
commanding general of the militia
The regulation further provides that
"such a board shall consist of five officers
as members two of whom shall be medical
the board appointed today. and before
which Colonel May has been ordered to ap-
pear next Monday evening, Is the same as
that of the one named several weeks ago.
with the exception that Major Henderson
and Captain Pyles, being medical officers
have been substituted for Major Simms and
Major Young. and with the addition OF
First Lieutenant Roberts as recorder
These changes meet the requirements OF
the regulation.
The latter further provides that the men,
bers of the board shall, if practicable, be
senior in rank to the officer examined. The
commanding general holds that it is not
practicable to appoint a board the mem
bers of which shall be senior in rank to
Colonel May. The commanding general is
the sole judge of the matter of such prac-
ticability.
The Proposed Examination.
In the event that Colonel May appears
before the board he will be examined as to
his practicable and theoretical qualffica-
tions his conduct and his efficiency. The
professional examination will be oral with
all members of the board present. In the
event that the oral examination should be
unsatisfactory in any subject, the board
will at once direct a written examination
in that subject. to be held in the presence
of at least one member of the board. and
the questions and answers will be attached
to the proceedings in case the officer shall
be found untitled to hold his Office.
The medical officers will make the neces-
sary physical examination Of the officer
examined and report their opinion in writ
ing to the full board, which shall determine
all questions as to the physical fitness of
the officer.
The board will report, as its opinion,
whether or not the officer examined is fitted
physically, morally and professionally to
hold his office, giving in detail any inca
pacity which in it's opinion units him.
The proceedings of the board. in case the
officer is found disqualified, if approved by
the commanding general of the militia, will
be transmitted. with his recommendation,
through the adjutant general of the army,
for the action of the reviewing authority.
1t is suggested that even though Colonel
May might have been disqualified to pass
an examination as to professional fitness
several weeks ago, he has had ample time
to prepare himself since ordered to appear
before the board first appointed. The Off
Gals at headquarters say there is absolute
ly nothing personal in connection with the
action in the case of Colonel May, and
should the board which is to meet Monday
evening report that he is qualified to hold
his commission headquarters will be not at
all displeased.