New-York tribune., 1907-12-27
NEGRO SOLDIER SUES.
HROWNSVTLLE AFFAIR UP.
Il nonymous Nes0 EngIanders Prose
cute Case for Discharged PnUate.

Papers in q case TO the legality of the dis
charge of the privates OF companies y. I ana " OF
the 18th United States Infantry tnesroes)' folo"-
ing the disorder in the streets Of BROWNSVILLE a
wear ago have been prepared ny me law If1n Oh
Ward Mellen & woodbridge. of this city The
case will be the second brought IN the ohlleo
States District Court OF the southern Disuiet oi
New York under the Tucker act. which, pasSeu III
1897 gives the United States district courts con-
current jurisdiction with the Court Of claims over
r,.es against the United States where the amount
involved is a.50 or less
rbs netition In the suit had not been fled up to
20 O'Clock yesterday afternoon The lawyers 90
NO, make public the names of the persons 10y "hoh'
rev have been retained simply saying they live
in New England and believe that the dlschdIse VI
these men from the service or the ohiteu N'
in the absence OF any decision by coui' mo
,ial or q civil court that any Of their NUMBER
nar+icinated in this disturbance is wholly unJus'
fable and violated the rights secured 10 -,
men hv both the Constitution and the laws OF tiie
United States -
Oscar " Reid who was q private in Company
prior TO his discharge without honor' A"S -,
selected as the plaintiff the action The sun mas
nc, brouebt 10 recover s122 I6. the amount 10
which Reds pay would have come from uie N ~
of his discharge November 16. 1906. TO July Is l''
when the term of his enlistment would nave "a
pired.
The petition recites the circumstances OF ene
T,rnwnsviIle ARRAY on night Of August L. 4SVo'
in the course of which one person was hiIeo an
other wounded and private property uaiii"e
states that two Gays later charges were ple1eIteu
against Reid under the sixty-seoono AIuoie @ % ,
which refers to conduct TO the preJudlce ol s0o
order and military discipline" the specifications OF
which charged Reid with having without aulhoIIS
taken q company rife and 'singly or in company
with another party or parties taken part IN 'ne
disturbance in the streets of BrownsVlhe
II is then stated that Reid was never tleo peIoie
any court martial or other tribunal and never hau
any opportunity be heard in his own defence put
was kept in confinement continuously from august
q TO November ls 1906 It then recites the order Oh
The War Department of November 9, by drecuo"
of the President" dischergng Reld ana tIie o0Ae+
members OF Companies B. c and D.
II is further alleged that Reld was sulities -
Of any completely in any disturbance on lhe hieI
in question and then in his company Quo
ters and that before the disturbance had ceased
and while the shooting was in progress Reid' WIN
other members of his company. was present anu
answered TO his name st roll call and tha1 fseio
had no knowledge whatever Of the oisturoahce
commonly known as the 'afray at BROWNSVILLE
or who was concerned therein.
Then the allegation is set up that the fresi-
dent of the United States was without power 10
order or cause the discharge Of the petitioner IN
der said order, and that the petitioners discharse
hereunder was null and void in law and In viola
ton of the rights secured TO MIN oy the N0H
stt;ution and laws Of the United States.
There follow quotations from the Constitution The
Articles of War and the United States army reSu-
Iations From Section 146 of the latter is quoted;
The character given discharge will be signed
nv the company or detachment commander, ana
great care will be taken that no injustice is done
the soldier. Discharge without honor on account
of .serzice not honest and faithful will be given
only on the approved finding of q board OF ofloers
as herein prescribed" The fifth amendment TO the
Constitution which provides that mo person shali
be deprived of liberty property without DUE
process Of law is then invoked.
Reid was one of the arrested by the civil
authorities in Brownsville after the trouble ont
was discharged by the coroner His case was also
heard by the grand jury. which refused 20 hoio
him He now lives in this city.