Evening star., 1930-06-25
GLADMAN SCORES
IN MILITIA FIGHT
Officer of District Guard Wins
First Round in Fight to
Block Discharge.

/ Lieut.. Col. Harry E Gladman, former
executive officer of the 121st Regiment
of Engineers of the National Guard OF
the District of Columbia, today won
the first Skirmish in the legal battle
which was precipitated in the District
of Columbia Supreme Court following
| receipt Of an order, which he fought
honorably discharging him from the
Militia service. Justice Wendell P.
Stafford today informed Gladman's
counsel, H Winship Wheatley, that he
had overruled the demurrer filed by
| the United States attorney for the Dis
trict of Columbia shortly after Glad
man began his court fight to have the
War Department and the District
Militia orders vacated.
The action taken today by Justice
Stafford in effect, rules that Gladmans
! original petition had stated legal cause
Of action, of which the local court will
take cognizance. The merits of the
case have not been heard, the action
having been taken on the pleadings
| filed by both sides. 1t is understood that
Justice Stafford will allow the Govern
ment time to determine whether 1t
will appeal from the decision on the
demurrer or to file an answer to the
original declaration.
| Should the Government decide not to
take either Of these steps, 1t was said,
! the Supreme Court justice will enter a
| final judgment on the demurrer, the
effect of which, in that case will be to
restore Gladman to his status as a
militia officer.
Plaintiff Is Pleased.
Col. Gladman, when informed of the
courts action today, said that while he
was elated over the decision, neverthe-
less he always believed that he had
been illegally discharged, without the
| opportunity of being heard before a
board of officers which he contends the
Government is required by law to give
him.
The defendants named in the suit
were the Secretary of War, the chief of
the Militia Bureau, Maj. Gen. Anton
| Stephan, commanding the National
Guard of the District of Columbia, and
| Lieut.. Col. F. H. Smith, adjutant gen.
eral of the local militia.
Gladman, who had been connected
with the local Militia since its reorgan-
ization subsequent to the war, it was
| pointed out was one of the officers who
built the organization to its present
! strength, and who subsequently became
second in command of the Engineer
regiment. In August, 1928, he received
an order from the local Guard officials
notifying him that he had been honor
! ably discharged, and also received from
the War Department a notice that his
Federal recognition had been with
drawn. He said that all of these acts
were done without the formation of a
statutory board of officers before which
he would have the opportunity to ap-
| pear and be heard and to be confronted
by those who had taken the action.
Contention Of Gladman.
It was Gladman's contention that the
! organic act of the local National Guard
and the national defense act both pro-
vided that before an offlcer could be
! discharged from the service he must
| be cited to appear before boards OF
officers provided for those acts, and that
a regular procedure was provided which
he asserts was ignored both by the War
Department and the local militia
| officials.
Soon after receipt of the order from
the Guard and the notice from the
War Department Gladman caused to
| be filed in the local court petition for
the issuance Of a common law writ of
certiorari, directing the officials to send
up the record in the case for review
and concluding with a prayer that the
actions taken by the War Department
and the Guard be declared null and
void.