Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-01
COL. GLADMAN HITS
DISMISSAL IN SUIT,
CHARGING SECRECY
Executive Officer of 121st
Engineers Cites Efforts
to Dust Others.
DECLARES HE DEFENDED
FELLOWS SLATED TO GO
Motion in Case Will Be Argued in
District Supreme Court
Friday.

Friday.
Charging star chamber proceedings
led to an order for his discharge as
executive officer of the l21st Regiment
of Engineers the largest unit of the
District National Guard, Lieut.. Col
Harry E. Gladman today filed a suit in
the District Supreme Court for REIN
statement which may involve the status
of q of the 80 officers of the regiment
Col. Gladman has been an officer of the
Guard since 1919.
The suit brings into the open a con-
troversy which has been going on for
several months and reveals charges that
efforts have been made to force out
certain members of the Guard.
Col. Gladman in his petition to the
court charges that previous to the order
directing his honorable discharge GER
tain officers of the Guard had under
taken to deprive him of his commission.
assigning as their reason that he is not
a civil engineer
COL Gladman continues that there
are 80 officers in the 121st Regiment
and that only 3 of them possess the
qualifications of civil engineers. He
adds that there is no requirement of
law or Army regulations that officers
IN the National Guard engineer units
be civil engineers.
aided Others"
Although it was not stated in the
petition, Col. Gladman declared he was
forced out because he aided other off,
GERS and men whose official scalps were
sought. One OF the most recent of
THESE cases was that of Capt, William
F. Jorgensen, commanding Company
Q. Col. Gladman's old unit, whom
Guard officials sought to have tried by
a general court-martial for alleged dis
obdlence of orders. Twice the Judge
advocate generals Office of the War
Department dismissed the charges, then
the Guard officials sought to give him
reprimand, which was later with
drawn, when Capt. Jorgensen addressed
an appeal to the President of the United
States, demanding either a trial by gem
eral court-martial or the withdrawal Of
the reprimand.
The petition continues. that the
officers OF the Guard, in their effort to
vacate his commission, wrote certain
letters, received replies thereto and
pretended to take certain testimony
but gave him no opportunity to ex-
anime the letters or the replies or to
be present at the taking of the testi-
mony, to have an opportunity to cross
examine the witnesses.
Refused Data.
AFTER the testimony had been taken"
the petition says, "the plaintiff de-
manded of the War Department and of
the said officers copy thereof, said
demand being made both verbally and
IN writing and the same was refused.
In no other manner and at no other
time has there been any attempt to
comply with the law with relation to
commissions of officers in the National
Guard of the District of Columbia or
to the vacation of the plaintiffs COM
mission as required by the said Army
regulations.
THE relator says that the vacating
OF his commission in the National
Guard was without warrant of law, in
violation thereof, anduSurpation of the
authority of the President of the United
States and violation of law"
With the filing of the suit by Attor-
ney H. Winship Wheatley, representing
Gladman, there was filed also a motion,
returnable in the court on Friday for
the issuance of a common law writ of
certlorari, and the case will be argued
at that time. The suit was brought in
the name of the United States on the
relation of Col. Gladman and it names
as defendants, Secretary of War Dwight
F. Davis, Maj. Gen. Greed C. Hammond.
chief Of the Militia Bureau; Mai. Gen.
Anton Stephan commanding the local
Guard, and Frederic H. Smith, u. S.
Army, who reported today as adjutant
general of the local militia
Seeks Discharge Order.
The court is asked to issue the writ
commanding the defendants to certify
to the court the records of the Militia
Bureau of the War Department and
certain records in the case, which re-
suited in the issuance of the discharge
order which Col. Gladman asserts was
issued without color of authority and
in violation of the law" It prays the
quashing CT all the records in the case,
and for restoration of Col. Gladman's
status as an officer of the guard. The
sworn petition of Col Gladman dis
closed that the proceedings which re-
suited in the discharge order we're held
entirely ex parte and that neither the
sections of tn National Guard organic
act nor the National Defense act pro-
yiding formal manner of eliminating
officers was ever complied with by either
tie National Guard officials or the War
Department.
In 1919 Col Gladman organized al
infantry company, then known as Com
pany c, and out of this company ne
| recruited and sent men to form other
units which grew to the present regi-
mcnt which was subsequently turned
| arbitrarily, by the War Department.
into a regiment of engineers.
The petition also sets forth that the
| four defendants are named because
under color of their respective Offices
and in violation of law, they nave de-
prived and are continuing to deprive
Continued on Page 2, Column g.