The Washington herald., 1907-12-27
ROOSEVELT POWER
PUT TO LEGAL TEST
Private in Brownsville Riot
Enters Suit.
SAYS HE Is INNOCENT
Backed by Certain Gentlemen
in New England"
Oscar w. Reid, as PInsntin Against
the Government, InyOkes an Al
most Obsolete Law, Which Grants
to All Soldiers a Right 10 Dema cd
COurt-martinl Before Dismissal.
Demands $I22.26 for Services.

New York. Dec. GA suit to test the
right of the President TO discharge the
negro soldiers OF the Twenty-hfth Infan-
try for their alleged connection with the
Brownsville riot was begun in the United
States District Court. in this city. to-day.
The expectation IS that through tins
suit the Presidents action will be put
sQuarely UP TO the United States Supreme
Court.
The suit is brought under the so-caned
Tucker act. which in the memory Of those
around the Federal courts has been in
voked only in tso instances, although
the law was passed in 1887. The novelty
OF it lies in the fact that ii allows the
United States TO be made a defendant
either In the United States District or
CIRCUIT Court; in the former. where the
amount involved is $1,000 or less. and in
the latter where it is more than s.. 600 and
not more than $1,000.
In these. cases the courts under this
act have concurrent jurisdiction with
the Court Of Claims in Washington. but
for some reason practically all claims
against the government, even since the
passage OF the act have been brought in
the Court OF Claims.
Oscar w. Reid. who was a private in
Company c, and is a resident Of this
city. is the plaintiff in the action which
is brought 10 recover from the defendant.
the United States the sum Of Sl22. &c.
which Reid contends IS due him as psy
from the government since his dismissal.
on the ground that that dismissal was
Illegal.
Lawyers Are Reticent.
The lawyers bringing the suit for Reid
are Ward, Mellen ard Woodbridge. OF
% Nassau street In a statement given
out to-day regarding the suiI. it was an
nOunced that the frm had been retained
by certain gentlemen il New England
for the equal rights OF, all before tie
law
These gentlemen" the statement went
on TO explain. believe that the discharge
Of these men from the service OF the
United States. in the absence OF any de-
cision by any courts-martiaI or civil
court because any one Of their number
may have participated in the disturbance.
is wholly unjustihable. and violated the
rights secured to these men by both the
Constitution and the laws OF the United
States.
THE gentlemen who have authorized
this suit TO be brought believe that the
question involved is of the greatest i'm
port. not only to the members Of the
three companies Of the Twenty-ffth In
fantry, who were dismissed from the
United States service by this order but
to every man in the United States army.
Congress. under its constitutional
power 10 make rules for the government
and regulation 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 man, EXCEPT in ac-
eordance with the judgment of court
martial.
DiscIaim Executive Authority.
''They do not believe that these laws
can be overridden by an Executive and
an entire battalion OF soldiers sunrnariIv Y
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. II
any members We're guilty OF such conduct
their guilt should be determined and pun
ishment administered by the courts: but
it is the guilty who should suffer, and not
the innocent"
Inquiry as 70 the names OF the New
England men who had retained them was
refused at the Offices Of the firm to-day A
representative of the firm said thev had
requested that their names be withheld.
They are men OF wealth and standing
but are doing this as private individuals.
and not as the representatives OF anv
constitutional society," said this repre-
sentative. The matter came ND in the
course of casual conversation. and II
was then decided TO bring suit"
Asserts Faithful Service.
In the petition which was filed in court
to-day it is set forth that Reid enlisted as
a private on July IS 1891. for three years;
that he rendered honest and faithful serv-
ice. and that on August q. 1896, following
the Brownsville raid, charges were pre-
ferred against him by a battalion adiu-
tant that on the night of the raid he had
taken his rifle and ''singly. or in company
with other parties unknown" had taken
part in the Brownsville disturbance.
The petition then recites that ne was
never tried before any court-Rartial or
other tribunal on these charges. but was
kept in confinement at various forts until
November 3, when "a certain pretended
order was issued by the War Department
OF the United States. under the direction
OF the President Of the United States. but
wholly without warrant of law
The petition. in addition 10 reciting the
familiar order discharging all those in
the battalios. gives the discharge with
out honor, which Reid received. ad-
dressed ITO all whom it may concern. y
giving minute description OF him.
Declares His Innocence.
In the petition Reid swears that he was
wholly guiltless. and was in his quarters
at the time and before the shooting had