The Mena weekly star., 1908-01-02
SUES THE GOVERNMENT
Discharged Negro Soldier Concerned in Brownsville, Texas, Affair
 Begins Action in New York.
WOULD TEST THE PRESIDENTS RIGHT
New England Men of Wealth Said to Be Back of the Negro Plaintiff, Who Claims His Removal Without Trial Was IIIegaI-Says Constitution Was Violated.

Violated.
 New York, Dec 2S.--A suit to test the right of the president to discharge the negro soldiers of the Twenty-fifth infantry because of the Brownsville raid was begun here Friday in the United States district court. The ex- pectation is that, through this suit, the presidents action will be put squarely up to the United States su- preme court. It is said to be the first action of it's kind ever brought.
 The suit Is brought in the district court under the Tucker act. In the memory of those around the federal courts here this has been invoked only in two instances in this district, al though the law was passed in 1887. The act allows the United States to be defendant either in the United States district or circuit court, in the former when the amount involved is $1.000 or less, and in the latter when it is more than $1, 1000 and not more than $10,0o0.
 Under the act these courts have concurrent jurisdiction with the court of claims in Washington.
 Oscar w. Reid, who was a private in Company c, and Is a resident of this city, is the plaintiff, and seeks to recover from the defendant, the United States. $122.26, which, Reid contends. is due him, as pay since his dismissal. He contends that the dis mfssal was illegal.
 The lawyers bringing the suit for Reid are Ward. Mellen & Woodbridge. In statement given out regarding the suit 1t is announced that the firm has been retained ''by certain gentle men in New England, who believe in the equal rights of all before the law, and that every man Is entitled to his day in court"
 These gentlemen" the statement goes on to explain, believe that the discharge of these men. in the ab- sence of any decision by any court martial or civil court that any one of their number participated fin the dis turbance. is wholly unjustifiable and violated the rights secured to these men by both the constitution and the laws of the United States"
 The names of the New England men back of the suit were withheld, but the lawyers said that they were per. sons of wealth and standing. The pc tition filed gives ~Reid's status as a soldier and the circumstances attend. ing his dismissal
 The sections of the constitution alleged to have been violated are article 1, section 8, in which the power is given to congress to make rules for the land and naval forces; article 2, section 8, in which it says: He (the president) shall take care that the laws be faith. fully executed" article 6, paragraph 2, providing that the constitution shall be the supreme law of the land, and finally, the fifth amendment, which declares that mo person shall be de prived of liberty or property without due process of law"
 It is contended that the dismissal was in violation also of section 1342 of the revised statutes, commonly called the articles of war, calling for the trial of officers and soldiers before court-martial for all crimes not cap ital.
 A copy of the complaint was served on the district attorney and another copy sent by registered mail to the attorney general in Washington. The government has 60 days in which to answer. In such case an appeal would lie direct from the district court to the United States supreme court.