Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-27
Brought Under the So.Called Tucker
: Act.
PROMINENT MEN IN CASE,
The Names Are Withheld by tho
Legal Firm Retained to
Handle the Matter.

NEW YORK, December 27.-A suit -
test the right of the President to discharge
the negro soldiers of the 25th Infantry for
their alleged connection with the Browns
Vile raid was begun in the United States
district court in this city yesterday. The
expectation is that through this suit the
Presidents action will be put squarely UP
to the United States Supreme Court.
The suit is brought under the so-called
Tucker act, which, in the memory of those
around the federal courts here has been
invoked only in two instances, although
the law was passed in 1887. The novelty
of 1t lies in the fact that it allows the
United States to be made defendant
either in the United States district or cir
cult court, in the former where the
amount involved is 81 900 or less. and I'm
the latter where it is more than 81 600 and
not more than $4,000. In these cases
these courts. under this act have concur
rent jurisdiction with the Court OF Claims
tically all claims against the government
ever since the passage of the act have
been brought in the Court of Claims.
Plaintiff New Yorker.
Oscar w. Reid. who was a private OF
is the plaintiff in the action, which is
brought to recover from the defendant.
the United States, the sum Of S122 26,
which Reid contends is due him as pay
from the government since his dismissal
on the ground that that dismissal was il-
legal.
The lawyers bringing the suit for Reid
are Ward, Mellen & Woodbridge OF 81
Nassau street, In statement given out
yesterday regarding the suit 1t was an
nounced that the firm had been retained
"by certain gentlemen in New England
who believe in the equal rights of all be-
fore the law and that every man is en-
titled to his day incourt.'
These gentlemen the statement went
| on to. explain, believe that the discharge
of these men from the service of the
| United States because of a decision by
any court-martfal or civil court that any
! one of their number participated in the
disturbance is wholly, unjustifiable and
by both the Constitution and the laws OF
| the United States.
Men Behind the Suit.
1.-The gentlemen who have authorized
this suit to be brought believe that the
question involved is of the very greatest
Importance not only to those members OF
the three companies of the 25th Infantry
who were dismissed from the United
States service by this order. but to every
enlisted man in the United States army.
Congress, under its constitutional power
to make rules for the government and reg
ulation of the land and naval forces. has
enacted the articles of war. Under these
articles the right of every enlisted man to
a hearing upon any charge which may be
preferred against him is fully established.
and no power Is given to discharge 9 man
except in accordance with the jR1ement
of a court-n artiak
They do not believe that these laws
Nf.r4 ayz1
an entire battalion of soldiers summarily
dismissed from the service of the United
States without a hearing. upon the as
sumption that certain members have been
guilty Of murders. assault and the wan
| ton destruction Of private property. IL
any members were guilty of such con-
duct their guilt should be determined and
punishment administered by the courts.
but it is the guilty who should suffer. and
not the innocent"
Names Are Withheld.
Inquiry as to the names Of the New
England men who Had retained them was
refused at the Offices of the firm yester-
day..
A representa- of the firm said that
they had requested that their names be
withheld. "They are men of wealth and
| standing, but are doing this as private In
dividuals, and not as the representatives
| of any society,"" said this representative.
| 1.-The matter came up in the course of q
casual conversation. and IT was then de-
cided to bring suit"
In the petition which was filed in court
yesterday it set forth that Reid enlisted as
| a private on July IS, 1904, for three years:
that he rendered honest and faithful serv-
ices, and that on August %, 1905. follow
ing the Brownsville raid, charges were
preferred against him by a battalion ad-
jutant that on the night of the raid he
had taken his rifle and ''singly or in COM
pany with other parties unknown" had
taken part in the Brownsville disturb
ance.
The petition then recites that he was
never tried before any court-martial or
other tribunal on these charges, but was
kept in confinement at various forts un-
til November 0. when "a certain pretend
ed order was issued by the War Depart
ment Of the United States, under the di
rection of the President of the United
States, but wholly without warrant OF
Flaw"
Copy Sent to Washington.
The petition in addition to reciting the
familiar order discharging all those In
the battalion gives the discharge with
out honor which Reid received. addressed
ITO whom it may concern" giving
minute description of him. In the peti-
ton Reid swears that he was wholly
guiltless and was In his quarters at the
time and before the shooting had ceased.
was at hand and answered to his name
at the roll-call and had no knowledge OF
the affair.
Your petitioner is advised by counsel
says, the complaint against the United
States as defendant, that the President
of the United States was wholly with
out power to order or cause the dismissal
of your petitioner under the said presented
order of November g. 1905, and the said
action Of the President in ordering your
petitioners discharge, said pretended or
der and your petitioners dismissal there
under were wholly null and void In law
and in violation of the rights secured to
your petitioner by the Constitution and
laws of the United States"
A copy of the complaint. as provided
by the act under which the suit II
brought in the district court, was served
on the district attorney and another copy
sent by registered mail to the Attorney
General in Washington. The government
has sixty days in which to answer. In
such a case an appeal would lie direct
from the district court to the United
States Supreme Court.
All Prominent Men,