The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-04
GENERAL
MAKES NO
DEFENSE
Captain Cam fields Protest
in First Reg ment Fight,
Before Courts.
GUMMERE GIVES ADVICE

After brief hearing in the Supreme
Court circuit before Chief Justice Gum
mere in certiorari proceedings brought
on behalf of Captain William H. Cam
field, of Company B, First Regiment
National Guard. who was denied the
right to be candidate in the regular
dlection for a major of the regiment,
the matter was laid over until next
Saturday, the Chief Justice giving the
contending parties some advice, includ-
ing the suggestion that the dirty linen
of regiment should best be washed
within the walls of the Armory.
The proceedings, as previously told
were directed against Brlgadier- General
Edward A. Campbell and today was
made the return day of the writ.
The general. however, through his
counsel, Major Robert I. Hopper. of
Paterson, judce-advocate of the First
Brigade. whic General Campbell COM
mands, said / lat he had no defense to
make.
1t was charged that General Camp
|
tain Camfield to be placed before the
meeting of November is last, as can
didate, and it was also alleged that IN
due influence was used by Colonel Will
! lam Fl. Freeman to promote the alec-
ton of Captain Arthur Hamilton Mac
I<ie, who was declared by the presid-
ing general TO be the successful appli-
cant. 1t was alleged that the opposition
to Captain Camfied was due to the fact
that he is a Catholic.
| Frederick r. Lehlbach who certiora-
ried the brigadier- general, fired the first
legal gun by explaining to the chief JUS
tice the situation in the regiment He
went over the matter of the election
and said that the proceedings were
| based upon the case of Smith VS.. Wan
ser, which were reviewed by the Su-
preme Court and established the rights
of the prosecutor of the writs, which
were similar to that of the pending
case. Mr.. Lehlbach maintained that
| his client had rights guaranteed under
| the constitution of the state in connee-
tion with his duties as a military man.
| One of thse rights was that he could
be candidate for office in the regiment
and this was denied to him at the elec-
ton. Besides that, others were not al
lowed to vote for mi
Garfield" insisted the lawyer. had
a right to vote for himself and a right
to be a candidate. His right in that re-
spect was invaded"
After the chief justice had remarked
that this Invasion involved only Mr..
Garfield, himself, and after the court
had agreed that Mr.. Garfield had
right to vote for himself if he saw fit,
Mr.. Lehlbach went on to say that the
constitution declares that there should
be an election and the Legislature pre-
scribed it's manner,
"If the constitution says that there
shall be an election" the chief justice
commented, and it does say so, and
the Legislature prescribes the manner
of the election, then a refusal to allow
any one to be voted for is an infringe
ment of that right
Mr.. Hopper remarked in answer to a
question by the court that 1t was be-
yond the generals power to produce
the record, as all he did was to sign it,
1.-THE general" added the lawyer,
"does not wish to make any defense in
this matter at ALL but I would like to
refer to the case of Rowe VS.. Mott.
This, the court said, was not appli-
cable, and then asked somewhat sud-
denly:
"But why is it necessary to exploit
all these matters in court? If this cleo
tion was not held under the constitu-
tion, General Campbell says that he
will hold another election if the courts
so decide providing the commander-in-
chief directs this 10 be done. II MacKie
should resign and stand for another
election, as has been suggested, Cen
eral Campbell will hold another. If the
election is set aside, of course he will
not only be willing to do so. but he
must do so by order of the court.
NOW, | suggest" he added with
some asperity, that these regimeptal
matters ought not to be unnecessarily
aired in the courts. l am not military
man myself, but l know, or think |
know, that men of the regiment are
men enough to settle their own af-
fairs If they have dirty linen to wash,
the armory and not before the public.
This seems to me to be the sensible
thing to do. 1t would be better to
have this matter go before the regiment
again rather than to have it aired in
the press and before the public. This
application is but an entering wedge
to accomplish that purpose, and 1t
would be detrimental to the personnel
of the regiment