The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-08-20

ALfhED D. DEEHS, JuuSe-auVocate-Den-
eral.
SYLLABUS.
By the rules and regulations no right OF
appeal exists to the Chief from
the decision Of Observation-Disclosures con-
frmlng or disappearing the proceedings, find
where the sentence of the court martial is
suspension from membership for a specified
period, fine, or reprimand. The action Of the
Department Commander Is final.
CASE.
In the matter Of the appeal OF Jacob Lem
mer, Post 103, Department of Illinois.
The appellant was convicted by Post
court-martial of conduct unbccoming q sol
der and q gentleman in his relations to the
Grand Army OF the Republic. and sentenced
to suspension from membership for the period
Of two years. He appealed to the Depart
slderatlon. dismissed the appeal. The conf
rade appeals from the action OF the Depart
ment Commander to the Commander In Chief.
rules and regulations allowing an appeal
from the decision of the Department Com
mander confirming or disappearing the pro-
ceedings. findings, and sentence Of Post
court-martial
At the National Encampment held at Louis
Vile, KY. 1882 the right Of appeal to the
COMMANDMENTS Chief was given where the
sentence of a court martial was dishonorable
discharge or degradation from office, but the
right Of appeal was not extended to cases
where the sentence was suspension from
u
rimand.
As the law now stands, 1t is useless TO con-
slider the questions raised by the appeal. as
the action of the Department Commander is
final.
1 advise the COMMANDMENT Chief to dismiss
the appeal for want of jurisdiction.
SYLLABUS.
A question involving the regularity Of the
election of an officer Of a Post Is In the
nature Of a petition In error and not Of aP-
q hnf tori Il. "
and must be determined by the record of the
Post at which the election takes place, and
not by ex-parte statements or extrinsic evil
dence.
The rules and regulations do not recognize
informal ballots in the election Of officers
CASE.
In the matter Of the appeal Of Comfade r.
Fl. Miller, of j. w. Geary Post, 7, Depart
ef Department Commander of Oregon, rem
dered March II, 1908, deciding that Comrade
Ingham was elected Commander Of said Post.
It appears by the record that on Dec. II,
Oregon, G. A. r., held an election for the
ensuing year. The election was held at the
time appointed for that purpose by the rules
and regulations of the q. A. r.
At said meeting it was voted to proceed
to an informal ballot for Commander The
ballot was cast and counted and Comrade
Ingham, Of said Post. received majority Of
all the ballots cast for Commander. From
this point the history of the proceedings, as
given by appellant, and the official records Of
the Post disagree. The official record
showing that after the result Of the
ballot was announced Comrade Ingham,
having received a ma jorfty Of all the ballots,
was declared elected Commander for the en-
suing year. While the claim of the appel
liant Is, that after the result Of the ballot
was announced a motion was made that the
rules be suspended and the Adjutant be in
structed to cast unanimous vote OF the
Post for COnrade 1ngham for Post Command
tion being put to vote two comrades voted
In the negative, but still the motion was
declared ca carried The appela1t, , does not not
the vote for Commander or that he was de-
clared elected by vote so cast. Another
comrade gives a version of the proceedings
which shows that after the foregoing motion,
the Adjutant cast one vote for COmrade Ing
ham for Post Commander and he was de-
clared elected.
The official record Of the Adjutant upon
which the Department Commander based his
decision, Is as follows:
Motion made and supported that the rules
be suspended and the Post proceed to ballot
for Commander; the motion was proclaimed
lost. division was called for, and the mo-
ton again declared lost. Motion made
and carried that an Informal ballot be taken
rades Reisner and Phetteplace appointed
tellers. Ballot was then taken and As votes
were cast. Comrade Ingham receiving %,
the balance scattering. COmrade Ingham
cast. was declared elected Commander for
the ensuing year"
At the next regular meeting of the Post
this official record Of the meeting, at which
the Commander was elected, was read and
approved by the Post.
The character of this so-caled appeal and
the question as to whether the record of the
Post or the statements Of others Is to be
taken to determine what took place at the
Post meeting was settled by Decision 49,
J. p, page 100, Blue Book, and Is rs fol-
lows:
1.-THE question involving the regularity of
the election of Department Commander is
In the nature Of petition in error and not
In appeal, as that term Is generally under
stood, and must be determined by the record
of the Department Encampment at which
said election took place, and not by ex-parte
statements or extrinsic evidence"
The principal of this rule applies to this
case as well as to the election of Department
Commander and the record Of the Post must
be taken as the correct statement Of the pro-
ceedings.
The appellant appeals upon the theory that
the Post Commander was elected by a single
ballot cast by the Adjutant and that the bal
lot was not dispensed with by unanimous
consent.
Acting upon the decision above quoted 1t
must be found that Comrade Ingham was
declared elected Commander after the an
nouncement was made that he had received
% of the As ballots cast, and that his title
to his office rests upon that declaration. Con-
ceding that after the declaration of election
SOule COlUTIut ludue tue u the
election unanimous by the Adjutant casting
one vote which motion failed. or was erro-
neously decided carried such proceeding
could not effect the title of the Commander
to his office.
The rules and regulations do not recognize
informal ballots in the election of officers.
Indeed, the provision that. ''if there Is no
election on the first two ballots, the name of
the comrade receiving the lowest number Of
ballots shall be dropped, and SO on
in successive ballots until an election
is made" precludes the possibility of
informal ballots for officers. for il there may
be one informal ballot there may be innum
cradle informal ballots il the Post so vote,
and no comrade dropped. and no choice made.
The first ballot taken was in the law a
formal ballot, Notwithstanding the vote of
the Post and the Post Commander acted prop
erly In declaring Comrade Ingham elected
Commander.
The appellant states that his appeal is
only from the decision Of the Department
Commander on the question of election of
Commander: 1t is therefore unnecessary to
consider the question Of the legality of the
public installation.
In view of the record the rules and regula-
lions and of the law bearing upon the ques-
tlon raised I recommend that the decision of
the Department Commander be sustained
and the appeal dismissed.
The following opinion was rendered at the
request of the Commander-in in Chief and not
on appeal from the action Of a Post or of
4 Department Encampment or Commander.
SYLLABUS.
Contract Surgeons are not eligible TO ad
mission to the Grand Army of the Republic
under the provisions of Article T. Chapter l.