DECISION No. 5.

Charges and specifications against L. Coe Young, a Past Commander of the Department of New York and Comrade of Bartlett Post No. 668, said Department, of violation of Article II, Chapter V, Rules and Regulations, in publishing and distributing throughout said State a circular derogatory to the candidacy of Past Commander-in-Chief Palmer for Secretary of State.

OPINION-December 4, 1895.

In my opinion the publication of the circular referred to is not such a breach of the Rules and Regulations of the G. A. R. as renders Comrade L. Coe Young liable to punishment by court-martial. He exercised the right which every citizen has to say why he intended to vote and work for one candidate in preference to another. The case is largely covered by Opinion No. 1 of J. W. O'N. and Decision No. 1 of J. P., pages 274 and 275, Rules and Regulations, and Opinion No. 3, current series.

DECISION No. 6.

An honorably discharged member of the Washington Clay Guards is eligible to membership in the Grand Army of the Republic.

CASE.

Answer to an inquiry from Department of Wisconsin, asking if an honorably discharged member of the Washington Clay Guards is eligible to membership in the G. A. R.

This is a difficult question, and I will embody the entire case in the report.

UNITED STATES OF AMERICA,

WASHINGTON CLAY GUARDS' ARMORY,

WILLARD'S HOTEL, WASHINGTON, D. C., April 27, 1861.

To Hon. Simon Cameron, Secretary of War, U. S.:

SIR--The undersigned, officers of Major Clay's Battalion, organized while the Capital of the United States was considered in imminent danger, from a civil invasion, would most respectfully represent that the battalion is chiefly composed of non-residents of this District; that they were organized on the 18th inst.; that since that time the battalion has been on duty day and night, sleeping on their arms, and have at all times been ready at a moment's notice, to do any service required of them.

They number about three hundred men, and since reinforcements have arrived here, it is thought that it might not be necessary to keep up the organization. Should it be deemed necessary by the Department to continue

the organization, the men composing it most cheerfully tender their further services.

If such services are not needed, we would respectfully ask to be disbanded and honorably discharged by the Department.

JAMES W. NYE, Major Commanding.
DAVID WEBB, Captain 1st Company.

Major James W. Nye:

J. E. VINTON, Captain 2d Company.

WAR DEPARTMENT, May 2, 1861.

SIR-In reply to your letter of the 27th of April, stating that in consequence of the arrival of large numbers of troops in this city the emergency has ceased which called the battalion commanded by you into service, and that you would be pleased, therefore, to have authority to disband the battalion and have an honorable discharge from service.

Concurring fully with you, I readily grant the authority asked for and, in doing so, I beg to extend to you and through you to the men under your command the assurance of my high appreciation of the very prompt and patriotic manner in which your battalion was organized for the defence of the Capital and the very efficient services rendered by it during the time of its existence. Very respectfully,

SIMON CAMERON.

I cheerfully concur in the foregoing testimonial given by the honorable Secretary of War. A. LINCOLN. May 2, 1861.

By authority vested in me as Major of the Washington Clay Battalion, I, David Webb, now commanding, do hereby certify that E. W. Keyes, a member of said battalion, served his country in defence of the national capital, at a time of great peril, when threatened by hordes of traitors; said service commencing on the 18th day of April, 1861, and ending on the date hereof.

I also, by virtue of said authority, do hereby honorably discharge the said E. W. Keyes from the service of the United States.

Given under my hand at Washington City this 4th day of May, 1861. DAVID WEBB, Major Commanding.

F. S. LITTLEJOHN, Adjutant.

CASSIUS M. CLAY'S BATTALION, WASHINGTON CITY, D. C., April 28, 1861.

This is to certify that E. W. Keyes of Madison, State of Wisconsin, was duly enrolled a member of the Cassius M. Clay Battalion and served faithfully day and night during the perilous times when the destruction of the capital of our country was threatened by the traitorous designs of the so-called Southern Confederacy. David Webb, Major Commanding. F. S. LITTLEJOHN, Adjutant.

OPINION-December 6, 1895.

On a very strict construction the question might be answered in the negative; but let us get down to the foundation of our Order. As I see it, the main points are armed services against the Rebellion between 12th April, 1861, and 9th April, 1865.

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The preamble to R. and R. says: We, the soldiers and sailors, and honorably discharged soldiers and sailors of the Army, Navy and Marine Corps of the United State, who have consented to this union, having aided in maintaining the honor, integrity and supremacy of the National Government during the late rebellion, do unite, etc."

That they served can not be disputed in face of the letter of Major J. W. Nye, and the letter and order to Major Nye from Simon Cameron, Secretary of War, concurred in by President Lincoln. They were the very highest type of the volunteer soldier. They served without pay, rations or clothing. All they asked or received of the Government in its hour of peril was arms and ammunition. They "Rallied Round the Flag," when it was a question whether there would be any more behind them. I think they should rank in history with the Minute Men of Lexington and Bunker Hill.

Chapter I, Article IV, R. and R., says: "Soldiers and sailors of the United States Army, Navy, or Marine Corps, who served between April 12, 1861, and April 9, 1865, in the war for the suppression of the rebellion, and those having been honorably discharged therefrom after such service, shall be eligible to membership in the Grand Army of the

Republic.

If they were not in service, why did they need a discharge, and they were there between the dates. I do not think we can go behind the Order of the Secretary of War, and in my opinion the said E. W. Keyes, of the Clay Battalion is eligible to membership in the G. A. R., by virtue of such service.

DECISION No. 7.

When a dropped member is reinstated by a Post other than that by which he was dropped the amount to be forwarded by the reinstating Post to the dropping Post is "not exc eding one year's dues of the Post from which he was dropped.”

CASE.

Answer to the question from the Department of Minnesota: "Is the amount which is required by Section 4, Article IV, Chapter V, Rules and Regulations, to be collected and forwarded to his former Post,

one year's dues of the Post reinstating him, or one year's dues of the Post by which he was dropped?”

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OPINION—January 10, 1896.

The section has been amended several times and ought to be redrawn entirely. But it is now law, and our duty is to get at its meaning. Before amendment, such an applicant was compelled to pay all arrearages due the Post from which he was dropped. That amount was then made up from dues of such kind as the original Post had fixed in its by-laws, and included annual dues as thus fixed. Then it was amended to read that the applicant must pay one year's dues," etc., and at Louisville made to read "not exceeding one year's dues." At first, the section meant the dues of the Post from which he was dropped, and said so. If the amendments had meant such a radical change as to limit the payment to one year's or not exceeding one year's dues of the Post reinstating him, surely it wou'd have been so written. The intention now is to make reinstatement and membership as easy as is consistent with the fundamental principles of the Order, and acting on that line I think the words "not exceeding one year's dues" is simply a possible reduction of the amount which the applicant must pay, and the maximum sum which must be forwarded is not exceeding one year's dues" of the Post from which he was dropped. As I read the section it means that the Post reinstating him shall collect and forward to his former Post not exceeding one year's dues of the Post which dropped him and collect and retain such fees as may be agreed upon, not exceeding the amount charged upon application for membership by transfer.

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DECISION No. 8.

The charge that a Post Commander received goods, money, etc., the property of his Post, which he did not turn over to them, amounts to a crime, and he must be found guilty beyond a reasonable doubt.

CASE.

Appeal of J. E. Hathorn of James Laird Post No. 296, Department of Nebraska, from decision of a Department court-martial. There were four charges and thirteen specifications upon which over 250 pages of typewritten testimony was taken. He was found guilty upon the following charge and specifications:

CHARGE 1.

That said J. E. Hathorn is guilty of violating his official duty as Commander of said Post.

SPECIFICATIONS.

Specification 1. That said J. E. Hathorn, at the time hereinafter mentioned and up to the present time, is, and was, the duly elected and qualified Commander of James Laird Post No. 296, Department of Nebraska, located at Bartley, Nebraska.

Specification 2. That said Post Commander, in connection with and through the solicitation of his wife, received a large quantity of aid in money and goods, from various persons, societies, also, W. R. C. and G. A. R. Posts from different States of the Union for the relief of destitute soldiers, Comrades, and their families, of said Post.

Specification 3. That said supplies were shipped to Mrs. and J. E. Hathorn, and came into the hands of said J. E. Hathorn, by virtue of his office as Post Commander of said Post, and was the property of and belonged to said Post and W. R. C., of Bartley, Nebraska, and should have been turned over to said Post and W. R. C. for distribution.

Specification 4. That said Commander J. E. Hathorn took possession of all said money and supplies as fast as they came in, personally and as a private individual in his private capacity, and appropriated them to his own use, disregarding his duties as Post Commander, and wholly ignoring the claims of said Post and the W. R. C. to said goods and moneys, except the words "appropriating to his own use," and the word "wholly," and we find him "Not Guilty" of appropriating to his own use and wholly.” On all other charges and specifications upon which he was tried he was found "Not Guilty,” and sentenced to be suspended from office for six months, which sentence was approved by the Department Commander.

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OPINION-May 27, 1896.

Surely there can be no crime in the first three specifications. None is charged. Then we come to the fourth specification. Of course he is not responsible as Post Commander for goods sent to Mrs. Hathorn and distributed by her. How he received shipments to himself as Post Commander can be of little consequence if he disposed of them properly, and the evidence does not satisfy me that he received anything for the Post, which he did not turn over to them. These charges and specifications amount to a crime and the accused is entitled to a reasonable doubt, he must be proven guilty. I do not think the evidence justifies his conviction of any wrong doing in the matter and recommend that the appeal be sustained and the findings of the Court-Martial in this case be disapproved.

DECISION No. 9.

Department Commander has no authority to order "That the proceedings and report of a Committee be expunged from the records of a Post."

Reasonable notice of hearing and appeal must be given.

Appeal from decisions of Post Commander and Post must be taken within four months. R. and R. of 1893, page 254.

Appeal of Baldwin Post No. 6, G. A. R. Department of New York, from the order made by Department Commander Atkinson and dated March 19, 1896, ordering That the proceedings and report of Committee in the matter of investigation of Comrade John T. Davidson be declared null and void, and that the same be expunged from the records of said Post No. 6."