Devlin v. Dalton
Massachusetts Supreme Judicial Court
Petition, filed May 3,1897, against Samuel Dalton, Adjutant General in charge of the records, and' the board of examiners under § 53 of c. 367 of the Acts of 1893, entitled “ An Act concerning the volunteer militia,” for a writ of certiorari to quash the proceedings of that board in discharging the petitioner from his position as a captain in Company F of the Sixth Regiment of the Massachusetts Volunteer Militia.
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Petition, filed May 3,1897, against Samuel Dalton, Adjutant General in charge of the records, and' the board of examiners under § 53 of c. 367 of the Acts of 1893, entitled “ An Act concerning the volunteer militia,” for a writ of certiorari to quash the proceedings of that board in discharging the petitioner from his position as a captain in Company F of the Sixth Regiment of the Massachusetts Volunteer Militia. Hearing before Holmes, J., who ruled that the petitioner was subject to examination, and denied the motion for a further return or answer, and reported the case at the request of the…
1Opinion of the CourtAllen, J.
The Fourth Amendment to the Constitution provides that “ All officers commissioned to command in the militia may be removed from office in such manner as the Legislature may, by law, prescribe.” The St. of 1893, c. 367, § 42, provides that an officer elect shall “ be commissioned and notified to appear before the examining board provided in section fifty-three.” Section fifty-three provides that “ Every commissioned officer [with cer*339tain exceptions not now material] shall, upon being notified as provided in section forty-two, appear before an examining board, to consist of the permanent…
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