Evening star., 1921-03-06
Suit to Restrain Demotion,

Stating that he was forced by in
consistencies in the Army reorgani-
ZatIon law to bring action in the civil
courts to prevent further demotion
from lieutenant colonel to his present
rank of captain. T. A. Lyon, a captain
in the judge advocates department, is
attempting to compel the War De-
partment to make Encouragement
of captains. first and second lieuten-
ants on the single promotion list pro-
vided for by the Army reorganiza-
ton act. which he says affects the
standing on the list of about 1.1U0
other captains Of the Regular Army
who were recently comm missioned from
their temporary grades. Capt. Lyon, a
graduate of the first officers training
camp with the rank Of captain of
infantry, rose during the war to the
rank of lieutenant colonel, judge ad-
vocate generals department.
The War Department, according to
Capt. Lyon. in arranging on the SIN
gle list the captains and first and
second lieutenants appointed in the
Regular Army after April 6. 1917,
grouped all such officers according to
length of service. without regard to
the rank held by them on July /,
1920. AS a result of this arrange
ment, he claims that approximately
LOO other newly appointed captains
find that they appear on the promo
ton list below at least l.50O first and
second lieutenants. and some of these
captains at the very bottom of the
list, below practically every first and
second lieutenant now in the Army.
AS u result of this arrangement, every
first and second lieutenant in the
Army whose period of commissioned
service has been greater than that
of Lyon or the 100 other newly-ap-
pointed captains will, under the pres
ent application of the law reach their
majority before the captains attain
this grade, which will result in de-
laying the promotion Of present cap
tains from five to fifteen years.
1t is Capt. Lyons contention that
the reorganization act provided that
all captains should be arranged on
the list among themselves in order OF
length of commissioned service, and
that all captains should b. follow ed
on the list by all first lieutenants. ar
ranged among themselves in order to
length of commissioned service. the
first lieutenantS to be followed on the
list by all second lieutenants like
wise arranged among themselves in
order of length of service. He fur
ther contends that under the act Of
June 4. 1920, applicants for conimis-
sions in the Regular Army were re-
auired to submit themselves before
a board of officers for an academic
and professional examination, and
that such applicants were then COM
missioned in the grades and ranks in
which they were qualified to serve;
and that the action of the board in
placing officers who as result of
that examination. were regarded only
as qualified for the grades of first
and second lieutenants on the single
list but chose officers who. upon the
same examination, were then regard
ed as qualified for captains. is not
only unreasonable and unjustifiable,
but in effect nullfies the evident in
tent of Congress.
According to Capt. Lyon, he has
made repeated efforts during the past
six months to secure relief from the
present situation, and during that
time has exhausted every means pro-
vided for by Army regulation to have
the situation remedied within the
War Department without a resort to
the courts. Failing in his efforts
within the department. he claims to