People Ex Rel. Boatright v. Newlon

I disagree with the majority view of the court for these reasons:

1. The opinion is based upon a false hypothesis. The executive order of the Governor did not purport to remove the respondent, as stated in the opinion, but only that he be “relieved as civil adjutant general of the state of Colorado.” These are two very different matters. Orders relieving officers from their commands, without removing them from the service, are common to army life and are matters of almost every day occurrence in the United States army, without thought of judicial interference. Although the adjutant general be…