The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-27
NEGROES TEST
DISCHARGE Of
BATTALION

New York. Dec. 27.--A suit TO test the
right Of the president to discharge the
negro soldiers OF the Twenty fifth infan-
try for their alleged connection with the
Brownsville raid was begun i'm the Unit
cd States district court in this city yes
tcrday.
The expectation is that through this
suit the presidents action VIII be put
squarely before the United States SUI
preme court for a decision.
Oscar w. Reid, who was a private in
Co. c. and is a citizen OF this city. is
the plaintiff I'm the action. which is
brought TO recover from the defendant.
the United States. the sum Of $l2226.
which Reid contends Is due him as pay
from the government since his dismissal.
on the ground that that dismissal was
Illegal.
Tho lawyers bringing the suit for Reid
are Ward. Molcn a Woodbridge. In
statement given out regarding the suit
1t was announced that tho firmfhad been
retained "by certain gentlemen I'm New
England who believe In the equal rights
OF all before tho law. and that every man
Is entitled to his day I'm court"
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-
cson by any court-martial or civil court
that any one OF their number participated
in the disturbance is wholly unjusthable
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 very greatest
Importance, not only 10 those members
Of the three companies OF the Twenty
fifth 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
regulation OF the land and naval forces
has enacted the articles OF war. l~,ec.
these articles the right OF every enlist
cd 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 accordance
with the judgment of court-martial.
They do not believe that these laws
can be overridden by an executive. and
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 assaults and the wan
ton destruction of private property. II
their guilt should be determined and pun
ishment administered by the courts, but
II Is the guilty who should suffer, and
not the Innocent"
The firm declined TO give the names Of
the New England men who have retained
them. a representative 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 individuals
and not as the representatives or any
constitutional society" said this repre-
sentative. THE matter came up In the
course of a casual conversation, and 1t
was then decided TO bring suit"
In the petition which was filed in court
II IL set forth that Reid enlisted as prl-
vate on July 49, 1884, for three years; that
he rendered honest and faithful service
and that on Aug. ~. 1906, following the
Brownsville raid, charges were preferred
against him by battalion adjutant that
on the night OF the raid he had taken his
rife and ''singly or In company with 9TH
er parties unknown" had taken part In
the Brownsville disturbance.
The petition then rccites that he was
never tried before any court-martial or
other tribunal on these charges, but was
kept In confinement at various forts until
Nov. 9. when "a certain pretended order
was issued by the war department OF the
United States under the direction OF the
president or the United States. hut who'll
y without warrant OF law"
Tho petition. in addition to reciting the
familiar order which discharged all those
In the battalion, gives the discharge
without honor" which Reid received. adj
dressed ITO all whom u may concern"
In the petition Reid swears that he was
wholly guiltless and was In his quarters
~ the time OF the shooting and before
the shooting had ceased. was present and
answered tc his name st the roll call and
had no knowledge OF the affair.