Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-11
TO REMOVE THE SLUR
Determination of War Depart
ment Officials.
UNIFORM TO BE DEFENDED
Proposed to Prosecute Acts of Dis
elimination.
RECENT CASE AT PLATTsBURG
Soldiers Denied Admission to a Skat-
ing Rink-Attorney Generals
Opinion Requested.
Proposed to Prosecute Acts of Dis
elimination.
RECENT CASE AT PLATTsBURG

The War Department is determined to
pursue to the end Of it's legal resources
the effort to remove the slur cast upon the
uniform OF the American soldier by the
decision of the local magistrate at Platts-
burg, n. Y, that Sergeant Higgins and
the soldiers who accompanied him when
they were refused admission to public
skating rink in that town had no case
warrantng the imposition of penalty
upon the proprietors of the place. Acting
Secretary Oliver wrote a letter today to
the Attorney General asking his help in
the prosecution of this case. The letter
states in detail the provisions of the bill
of rights of the state of New York pro-
hibiting discrimination against any person
by Keepers of places Of entertainment. and
the Attorney General is requested to give
an opinion upon the point whether not
the local ma gistrate having declared that
the keepers of the rink Were not subject
to penal punishment, they still can be
reached by suit for monetary damages
In case of an affirmative answer the De-
partment of Justice is requested to au-
thorize the proper attorney for the United
States to appear for the soldiers in the
prosecution of the case.
Gen. divers Statement.
In explanation of his request Acting Sec
rotary Oliver says: lone who enters the
military service. either by enlistment or
appointment, agrees to submit to such re-
strictionS upon his freedom of movement
occupation and contract as are incident to
the status which he has thus voluntarily
assumed. In doing he voluntarily sur
renders some of the rights and privileges of
citizenship, but to other privileges he
makes no waiver or surren Ter: and il is
clear that it is not within the power of
the state, through its legislature or courts
of justice, to deprive such oil. Ger or enlisted
man of any OF the rights of citizenship
which remain in him have been Surren-
dered for the time being TO the United
States In the operation of his appointment
or enlistment contract.
1T hardly needs argumen- to show that
such is the effect of the rule which permits
the manager or owner of a place of public
amusement or enterta inment to exclude n
soldier for the sole reason that lie wears
the uniform of his grade in the army. Inc
rule places each self-respect ng soldier at
disadvantage as compared With other citi-
Zens or residents of the jurisdiction in
which such rule is allowed to operate 1t
unnecessarily humiliates members of an i'm
portant and honorable branch of the public
service and ii renders enlisted men dissat-
isfed with the status arbitrarily imposed:
to that extent it increases the cost and
adds to the difficulty of recruiting and
maintaining the several branches of the line
and staff, thus causing a needless and I'M
warranted expenditure of the public money.
When Congress by appropriate acts of leg
islation creates a military establishment its
enactmentS in that regard are intended and
calculated to establish certain standards of
efficiency.
The discrimination against the off,
GERS enlisted men composing such
tablishment which results from the le-
gal or judicial acts of a state, in so far
as it denrives them of the rights and
privileges enjoyed by citizens generally
who form no part of the military or
naval establishment, wounds or Injuries
their self-respect, breeds unnecessary
dissatisfaction. and, to that extent. i'm
pairs the usefulness and diminishes the
efficiency of the establishment so Gre
ated.
Legal Opinion Desired.
"An expression of opinion is desired as
to whether an action for damages would
lie against the proprietor of the skating
rink in Plattsburg for excluding the
enlisted men of the army from that
place of amusement, under the circum-
stances hereinbefore described. If an
action would lie. it is not expected, of
course that substantial damages would
be awarded, but a judicial Interpretation
of the operations of sections pa and %
of the bill of rights would be obtained
and verdict awarding nominal damages
would operate to improve the conditions
of enlisted men and to prevent dissatis-
faction from arising among them due
to what they conceive to be unjust dis
elimination on the part of proprietors