Dachs v. Ward

This is certiorari to review the determination of the Adjutant-General of the State of New York in denying petitioner a pension under section 220 of the Military Law (as amd. by Laws of 1923, chap. 461). The pension was denied on the ground that petitioner was never a legal member of the State militia because concededly over forty-five years of age at the time of his alleged enlistment, and being an alien had not taken out his first papers for citizenship, and, therefore, could not acquire a right to a pension under said section 220. The petition alleges that on May 4, 1931, the petitioner…