Inter-Mountain Republican | 1907-05-28 | Page 8 | War Department Fears Action in High Court

WAR DEPARTMENT FEARS ACTION IN HIGH COURT Washington May 27 27 There is grave apprehension ai at the War department that he this court of the United States sam e ti me a has as also Invalidated the legality of the proceedings of every martial court of a volunteer officer or enlisted man on Which has sat an officer holding both regular and volunteer commissions The court last Monday handed down an opinion declaring invalid the court mar thai of Liput Lewis E E. E Brown a negro volunteer officer who was tried and dismissed die dis missed from the tho service In Cuba C The martial court was Invalidated because an officer of the regular army who was also a volunteer officer sat on the court Under the decision Brown will be entitled en titled to draw his pay until the date ol of the mustering out of his regiment and tb the expiration of ot his commission Var department officials regard It as the logical conclusion to be drawn from the decision that the findings o of every martial court or on which sat a ego regu- lar ar army officer who also held a volunteer volun volun- Leer teer commission and which tired a vol volunteer oI officer or enlisted man are arc Invalid invalid In in- valid and claims for pay to the end of the term of commission or enlistment may be be made The basis of the courts court's decision is that thata a regular army officer holding a volunteer volunteer volun volun- teer commission at the same time Is not nota a volunteer but a regular army officer The War department has always held exactly the reverse that Is that a regular regular reg reg- ular army officer holding a volunteer commission was during the tithe time he held such commission a volunteer officer and not a regular army officer The pay ol of such officers has been regulated on that basis and many officers of low how grade were given lo to higher grades in La this volunteer service during the Civil war the Spanish American war and the Insurrection In the Philippines Philippine and by reason of such commissions drew drev largely increased pay pay- Under Unile the recent of the court this pay will have to he re returned returned re- re turned that Is if ii tn iii decision is ally re-ally as broad as at appears