The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-30
CIVIL COURT
TO DELYE IN
N. 6. AFFAIRS
First Regiment SguabbIe TO
Be Investigated by
a Justice.
GEN. CAMPBELL SUMMONED
Camfield, Excluded frem Recent
Election for Major, Gets Or.
der for Hearing on Writ Of
Certiorari on Questioning
SuperiOr's Act.
GEN. Campbell SUMMONED

Brigadier-Genera Edward A. Camp
bell. of the New Jersey National
Guard. has been ordered to appear
before a justice of the Supreme Court
next Saturday and explain h recent
election of a major in the First Regi-
ment. This brings the complaint of
Captain william H. Camfield, who was
denied the right of being a candidate
in the regular election, before the
courts for review, and it is probable
that the entire controversy that began
in the military organization with the
election of a observation-disclosures several
months ago. will be given a thorough
airing.
Justice Francis J. Swayze. of the
Supreme Court, signed the order for
review of the military election on
Saturday on a petition for a writ of
habeas corpus brought by Frederick
R. Lehlbach, counsel for Captain Cam
field. In the petition submitted the
court the charge is made that the cleo
ton was unconstitutional in that the
provisions of Article VII, section l
and paragraphs 3 and 6, were not adj
hered to in the conduct thereof.
1t is set forth that these constitu-
tional provisions make a fair and i'm
partial election. under the direction of
the brigade commander, imperative. 1t
is claimed that nothing is said about
the validity or binding quality of any
previous, unofficial election, caucus or
agreement. 1t is charged that General
Campbell refused to allow Captain
Camheld to be placed before the meet
H f.rr - = 90 .11fIafA ..YItoI .ryo- 1880 ~doI
by Captain Camfield as a denial of his
constitutional rights as a commits
stoned officer in good standing. 1t is
also alleged that undue influence was
used by Colonel William H. Freeman
to promote the election of Captain
Arthur Fl. MacKie, who was declared
by the presiding general to be the sue
c~essful aspirant.
In the affidavit submitted by Cap
tain Cam1eld the proceedings of the
meeting held On the evening of No
vember Is are narrated in detail. He
giic CHI General CaSnpbel direct in re-
sssshe< conversation relative to
-CHmneld's nomination. When the
captains name was placed before the
meeting, the general declined to recog-
rize 1t, and when that officer protested
, he was ruled put of order, although he
was speaking on the assumption of
personal privilege. The general ruled
that under an order of twenty-seven
years ago, the result of the preliminary
election, had to prevail in the regular
and official one, thereby reducing the
constitutional selection of an officer to
a Formally.
Captain Camfield charges that he
had been informed that Colonel Free
man opposed his election as a major
for religious reasons, and says that
he has authority for a statement at
tributed to the colonel to the effect
that mo Catholic could belong to his
official family
Captain Garfield ran second in the
preliminary election called to decide
upon a candidate to fill the vacant
post of major. The contest was lively.
Charging hat he had been defeated
by unfair means, Captain Camfield de-
cided to contest the matter in the gen
eral election, with the result as set
forth in the court proceedings.
The order on certiorari rule to show
cause. signed by Judge Swayze. Is as
follows:
Upon reading and filing the petition and
af1davits in the above entitled cause. II Is on
this 18th day of December. A. D. 1907, or
dered that said Brigadier-General Edward A.
Campbell do show cause before q justice
Of this honorable court, at the Court House
In the city of Newark on the 4th day of
anuar A. ID. 1908. at 10 o'clock in the
forenoon Of that day, why a writ Of GER
tiorari should not issue commanding him to
certify and send TO this court a certain
certificate of the election of Captain Arthur
nj. MacKie to the office of major in the
First Regiment of the National Guard Of
New Jersey, and a record of all the pro-
seedlings at an alleged election for the office
Of ma or In said regiment, held N the 18th
DIV OF November. A. d. 1907.
@And It is further ordered that in the
meantime and until further order and judg-
ment of this court in the premises, all
further proceedings pursuant to the said
certificate of election, and the issuance OF
a commission as major in accordance
thereUfth be stayed and restrained.
'FRANCIS ], SWAYZE
~. s. c."