Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-27

the federal courts reverse the decision OF
President Roosevelt in the historic
Brownsville raid cases are men or ma
tional prominence and repubiicans as
we'll was admitted today by Chase Melien
of the firm of Ward, Mellen & Wood
bridge of ~ Nassau street. Mr.. Mellen
admitted that his firm had been retained
by certain wealthy gentlemen OF new
England and not by Oscar W. Reid; one
Of the discharged negro soldiers, VINO Is
the plaintiff in the suit brought against
the United States in the United states
district court in this city.
II am not at liberty to tell who the
gentlemen back of this action are" said
Mr.. Mellen. They will disclose their
identity at the proper time and somebody
will be surprised. They are all men or
national prominence and some OF them
are republicans. They banded together
in an informal organization for the pur-
pose of seeing that poor individuals re-
ceived the rights guaranteed them by the
Constitution of the United States. They
selected the case of Reid because his dis
missal appeared to them 10 be parucu-
larly fragrant case of violation Of the Con-
stitution. He was dismissed without a
hearing after he had been exonerated by
both the coroner's jury and the grand
jury"
Naturally the War Department officials
are very much interested in the reported
action of firm OF New York lawyers In
bringing a test case in the United states
court for the southern district of New
York 10 determine the right of the execu-
tive to discharge a battalion OF the 18th
Infantry as an outcome OF the r1otfng at
Brownsville, Tex. IT cannot be recalled
that any such action has ever before been
brought against the Secretary of War in
n United States court, under the TUCK
err act of March 3. 1887. Officially. of
course. this New York case has not yet
reached the War Department. In due
,x.f1l 1n,,h lodi 10 fhrnnOl1
the service of papers upon the Secretary
of War. by an officer of the district court
directing him to make answer in the suit
filed nv the New York attorneys in be-
half of Private Reid of Company c, 18th
Infantry. 10 recover S123,26 the amount
of pay which he claims from the date of
his dismissal. November Q. 1905. to the
date Of the termination of his enlistment.
July Is. 1907. When these papers reach
the Secretary of War. he will notify the
Attorney General of that fact and request
that the Department OF Justice designate
one of its officers to appear for the Sec
rotary of War in the New York court
when the case comes to trial.
The law office of the War Department
say they have no doubt whatever in their
own minds that the court will uphold
the action of the executive in the Browns
vile matter. They are confident that the
right of the President to discharge any
enlisted men, without court martial or
trial of any kind. cannot be successfully
challenged. Article of the articles of
war. which is their reliance reads as fol-
lows: mo enlisted man, duly sworn,
shall be discharged from the service with
out a discharge in writing signed by a
held officer of the regiment to which he
belongs or by the commanding officer,
when no field officer is present: and no
discharge shall be given to any enlisted
man before his term of service has ex-
pired. except by the order of the Presi-
dent. the Secretary of War. the command
Ing OFFICER of a department or by sem
tence of q general court-martial.''
II is contended that that article es-
tablishes the right of the President or
the Secretary o. War to dismiss soldier
without honor and without trial 1t is
admitted. however. that to give a soldier
a dishonorable discharge would consti-
tute punishment such as perhaps could
not be inflicted without trial and convic-
ton. but the same statement would not
apply to a discharge without honor"
which is held to be something very dif-
ferent in the military law.