New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-09
MAJOR SMITH NAY FIGHT
TALK OF TAKING HIS DISMISSAL TO THE
CIVIL COURTS

Friends OF Major Clinton II. Smith In the list
Regiment said yesterday that his might be
carried into the civil courts Major Smith has as
yet received official notification Of his dis
nlissal from the National Guard, which according
70 Albany dispatches. has been reported by the
special Board of Examination and approved by
Governor Roosevelt. The civil action which is
said 10 be contemplated in the defence OF the dis
missed officer is the instituting of certiorar pro-
ceed;ngs in the Supreme Court In order test the
legality of the Examining Boards decision. The
Major. in a letter Of protest 10 the Governor
specting the action Of the Board lays special
upon the argument that the decision OF the Board
had been reached without permitting a personal
examination in which he might have had oppor-
tunity to speak Accordingly. the Major maintains
that the decision was Illegal and that he cannot be
bound by II. He received letters yesterday from
various members OF the list Regiment expressing
sympathy and pledging support.
From what could be learned from other members
however. IL appeared that the majority OF the
regiment considered the case closed Many ex-
pressed themselves as satisfied with the Boards
decision. The report that a continuance Of the
fight the part OF the Major and his friends
might result in the disruption OF the regiment
laughed at by and Indignantly denied by
others.
One who is well versed in the legal technicalites
OF the said to Tribune reporter:
think that Major Smith has overlooked the
exact wording Of Section 81 OF the Military Code,
which authorizes the establishment of special
powers. Now, the statute does not provide that
such board shall examine a commissioned Off
Ger, but In the very words of the law shall exam
Inc into the moral character, capacity and general
ntness for the service of any such commissioned
ofncer There is great difference between ex-
aiming man and examining into his character
Furthermore, by decision of Justice Barrett IN
helo also by the Court OF Appeals, a board of ex-
animation is not limited to the character of the
evidence taken. and, in other words, almost
absolute power.
Major-Genera1 Charles F. Roe could not be seen
IL IN me city yesterday. since he is now with the
"a regiment at Peekskill. Colonel Bates of the
list regiment. decnned 10 talk
9, aotnlei rrederick Hopper, who commanded the
nsl regiment for a number of years said yester-
Gay bhat Governor Roosevelt told Iieutenant-Colo-
Hel futham Bfadlee Strong of the 69th Regiment
q re" Gays ago that he could approve the re-
port OF the Board Of Examination in the case of
MAJOR nearing. Colonel Hopper quoted as
saying that somebody had changed Governor
Roosevelt from fearless, honest Executive To
6 crlnging, crawling timeserver" Lieutenant-Colo-
mel strong is with his regiment, which IS in camp
at Peekskil The following dispatch in regard to
last night: ~ '
Il do not know Colonel Hopper nor have I ever
made such statement"
Major Smith yesterday received from Adiutant-
SeEeraI Edward NJ. Hoffman letter to the effect
that the Governor after careful examination of te
eral Roe, had directed that the charges be dis
missed as being without merit and containing al
legations not warranted by facts. In speaking
about this letter yesterday Major Smith who ali
through the present controversy has been rather
abusive in his chsracterizations of Governor Roose
velts course INDUCED in some further inyectiye
toward the commandments of the States mil
itery forces