The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-28
NOW SEEKS TO
Be REINSTATED
Dismissed Militiaman Dis
puteS HarrieS' Authority.
MANDAMUS PROCEEDINGS FILED.
E. Franklin Lord Questions Right
to Discharge Members of Dis
trict Engineer Corps A
Separate Organization

A peculiar case, one which viii excite
great interest IN National Guard circles,
was opened in the local courts today,
when proceedings were brought to com
pei the general commanding the Dis
triet Brigade to reinstate E. Franklin
Lord, former member of the Engineer
Corps.
Lord was discharged "in the interest of
the service short time after the last
eneampment at Leesburg, Va Several
other members of the Engineer Corps
were discharged at the same time and
for the same cause. INSTRUMENTATION, and
certain other trouble with Lieutenant
Royal B. Hayes, commanding the En-
gineer Corps
Several Of the members of this COM
mand were put urder guard while in camp
and the announcement of their discharge
was made a short time after the return
from Camp Ordway.
Interesting Legal Phase.
Two points are involved The right Of
the general commanding to discharge a
soldier from the National Guard as a pure
" military form of procedure is unques-
toned but those members who were dis
charged are bringing action to be rein
stated in the Engineer Corps as a sepa-
rate command in which they are part own
ers Each has an interest in the property
owned by the Engineer Corps, and main
tains that the discharge should not affect
title to this property. The question is
complicated ard z test case viii be OF
great benefit.
Petition for sIaadamus.
l. In support of his contention Mr. Lord
today fled a petition for mandamus in the
Supreme Court OF the District asking that
an order be issued to compel General
Harries to revoke the order Cor his dis
charge. and further that the court issue
an order revoking the discharge.
Mr. Lord explains in his petition that
he re-enLsted as private in the En-
gineer Corps of the District National
Guard on June Il last for a period of one
year. At that time he contends the corps
owned certain private personal property
which II stiu owns and controls In this
/ property he contends he has certain
rights as a tenant in common with the
other members of the corps.
On August 15, he states. General HaT-
Ties ordered his discharge. and says that
/ the commanding officer of the corps IS
sued a similar order informing him OF
! his dismissal The effect of that order
+ Mr. Lord contends. IS to deprive him OF
/ his interest in the property in question
/ He further states that he is informed
and believes that the act of Congress IN
del which General HaFries ordered his
! discharge is unconstitutional.
To Receive on New Year,
New Year Day viii be a merry occa-
! sion at Centre Market -Armory Nearly
all of the companies VIII throw their
/ quarters open and be at home tc
! callers.
! The report of the Park Commission in
/ GLIDING an item providing for the con
! struction OF a building suitable for arm
/ DRY and convention purposes viii be pre-
/ scented soon after the Christmas recess
and an active campaign by the friends
+ and officers of the Guard wiz then begin
/ IN favor OF the aTmory proposition.
Urging Armory Proposition.
/ The only fear is that the appropriation
may not be granted this year, although
/ the project may be approved.
J There is little doubt that an armory
! viii be reality by 1905, but the Guard
I needs better accommodations immediate
! ". The prompt erection OF an armory
means much to the future development OF
/ the citizen soldiery of the District OF Co
| Iumbia.