Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-09-16
RULING MAKES
MANY INELIGIBLE
Men Discharged in Training
Camps May Not Join Legion.

The petition of Harry Lear of Brazil
for membership in the American Legion
has been denied by the State Depart
ment, L. Russell Newgent, department
adJutant, has announced.
In it's decision on this case, the depart
ment ruled that no man who received a
medical discharge at a training camp
before he had been finally accepted into
the army is eligible for membership in
the Legion.
The ruling, which has the official sane
ton Of Lemuel S. Bolles, national adju-
tant of the Legion, is expected to have
a far-reaching effect in Indiana and other
departments of the Legion.
Mr. Newgent estimated that there are
now around 300 members of the Legion
in Indiana who are made ineligible by
this ruling.
Lear's case is parallel to that of hun
dreds of other Indiana men.
He was accepted for service by his
local draft board and sent to Camp Tay-
Tor.
On his arrival there he was subjected
to a second physical examination, which
he failed to pass.
However, no final decision was given,
and for nearly a month he was at the
camp. receiving the pay of private
and virtually in the United States Army,
although he had not been finally ac-
cepted for service.
At the end of the month, though, not
having been accepted, he received a
medical discharge and went home.
Several months ago. on the grounds
that he had been in the service. he APP
piled for membership in the local post
of the Legion at Brazil.
The local post refused his application.
APPEALS TO STATE
HEADQUARTERS.
He then appealed to the State head
quarters.
Before the State headquarters ruled on
the case 1t was presented to national
officers, and the State ruling was based
on the following letter from Mr.. BOlles:
cit has been pointed out in a num-
Der Of instances that the discharge given
to such men was marked discharge
from the military service, and 1t Is true
that from the time they reported to
their local board, although often allowed
to leave the actual jurisdiction of the 10
cal board, but prior to entraining for
camp they are subject to military law
and for all purposes of the Government
in the military service.
AS a matter of justice, they are paid
for tie time they are within the military
service counted from the time of their
last reporting to the local board.
''It was the practice, however, that fol-
lowing the arrival Of such men at camp,
they were subjected to a physical exami-
nation which in most instances was more
severe in, the requirements than that
given by the medical officer of the local
board, and in many instances men who
were passed and accepted by the local
boards were rejected upon medical ex-
animation given after arrival at camp.
SEDUCTION
NOT COMPLETE.
1T seems proper to rule, therefore, that
the was conditional enlistment or
ind tction into the Army at the time they
ente ed the military service which condi-
ti0Ei induction ripened into a complete
Induction into the Army when examined
by the Army medical corps.
1T is, therefore, the rulingSof national
headquarters that men who reported to
a local board but were never accepted
for military service in the Army by
passing q physical examination upon ar
rival at any Army post fort or camp
are not eligible for membership in the
American Legion"
A case similar to that of Mr.. heel
has been referred to the State officers
from the local post at Montpelier, and
the same ruling has been made
Mr.. Newgent points out that if local
posts desire to follow the ruling to Tho
letter, 1t may also affect another class
Of men now holding membership in the
Legion but who were never technically
in the service
Several men, he said, entered officers
training camps during the war but were
discharged from the camp because of
physical disabilities, without receiving
commissions.
While they were in the camp they
were not technically in the Army, al
though they received pay from the Gov,
eminent.
Many men who were so discharged
enlisted as privates afterwaTd and were
accepted.
Those who aid not, however, under
this ruling cannot be Legion members,
Mr.. Newgent said.