The National tribune., 1885-06-25
JUDGE ADVOCATE TE-GENERAI
Annual Report Showing the Work OF the Year,
with Several Important Decisions.
OFFICE OF JUDGE ADVOCATE G GENERAL,l
TOi.EpO O. 1uue 10 ISt5

OFFICE OF JUDGE ADVOCATE GENERAL,1
TOLEDO, o., June 10, 1915.
w. w. ALCoRN, Adjutant General, GAR.
COMRADE: In submitting the annual report of
the business of this Office during the past year
desire 10 congratulate the comrades upon the great
harmony that prevails throughout all the Depart
mcnts. Among the first and most important les
sons that a soldier learns upon entering the army,
is to obey orders. The uniform respect for and
obedience TO the laws of society and the orders
of its officers by all comrades throughout the sew
eral Departments, demonstrate that the " Boys who
Wore the Blue" learned well their lessons SOL
dlcrs that they have not forgotten them after
lapse of 70 years
During the year it has been my pleasure to ac-
company the COMMANDMENTS Chief upon his official
visits to ID Departments. Together we have trav-
eied the continent rom the rugged coast of New
England to the golden shores of California. In all
these visits were greeted by the comrades with
q true soldiers welcome and entertained with the
choicest contents of the haversack and canteen It
was most gratifying To find wherever went that
the Grand Army OF the Republic was in such -four
ishing condition. In every town Of any Importance
throughout that vast territory lying west of the
Missouri River, but little Of whsse civilization
tedaes the war for the suppression of the rebellion
we found at least one iouri,lng Post where
around its sacred altar gathered the old soldiers of
the Union armies In fraterna campfres TO perform
their loving deeds of charity, and inculcite true
principles of loyalty. Though many of these Posts
are numerically small, being composed of conn
rades who had no personal acquaintance
ciaion during the war, ye; for efficiency in work,
equipment in uniform and zeal in the performance
OF all the obligations of the Order, they abreast
of any of the Posts of the older Departments Hav-
ing thus Travelled this new Western Empire and
beheld its grandeur can but wish that all the
vlving soldiers, who fought for the cause of liberty
and Union, might also be permitted to behold the
beauty Of its broad praires fertile valleys, and the
grand mountain scenery OF this most marvellous
country winch has, by their heroic valor been for
ever dedicated to the most exalted rights of man.
kind.
My immediate predecessor in his report to the
18th annual Encampment, directed attention TO an
irregular practice coulraSies and Post Command
er7, who write directly to the Judge Advocate GEN
Gs.tf
Army law. This irregular practice has prevailed
to some extent during the past year. All intelli-
gent comrades ought to know that the Judge Ad-
voca.ie-Gcnerai does not and cannot make decis
ions. Ii Is his province only TO render opinions to
the Comnan6er-in-Chicf, upon such questions as
that officer may deem proper TO refer to him. Such
opinions are for the information and guidance of
the Comnander-!n-C Chief and unless approved by
him have no binding force whatever Comrades or
Post Commanders desiring any information upon
Grand Army law, should direct their inquirers TO
their Department Headquarters In case the de-
clsion OF The Department Commander be salts
factory, they can, through Department Headquar-
ters take an appeal to the Commander i'll Chief.
1t is to be hoped that all comrades may soon learn
this very simple rule. and that the direct inquiries
TO the Judge Acknowledgement may cease.
In this connection /, may not be improper to call
attention TO the Grand Army Blue Book by Past
Commander Chief Robert B. Beath published
during the past year. The method adopted i'm this
work Is both excellent and comprehensive and it
Is II valuable acquisition to the Grand Army iuris-
prudence. 1t has been in constant at Head
quarters, and its general by Post officers and
and answering ofquestions already decided. Every
Post ought TO be supplied with at least one copy
kept constantly in tie Post for the use of its
officers and members.
While the duties connected with my Office have
involved much thoughtful study and considerable
labor, there has nevertheless been many THINGS
connected with IL that will mark "a pleasant
epoch in the march Of life. In visiting Departments
l have formed the acquaintance of Il large number
OF estiinabie comrades to whom | am grateful for
many thoughtful courtesies, and of whom | shall
always cherish the most pleasant memories
To the Commander in- Chief, whose personal and
official intercourse with his staff has been marked
by the utmost kindness and courtesy desire TO
express my grateful Acknowledgements. His zeal
III the discharge of his official duties and his untir-
ing efforts 10 promote the best interests of the
Grand Army Of the Republic justly enitle him to
the respect and esteem of every comrade.
The following, III brief, are the opinions rendered
during the year:
OPINION l.
l.. Can Post adopt Bylaw fixing certain
nights for the muster of reeruis?'
III. Would Post be justified in declining to
other timer"
Such Bylaw adopted by Post for its own
convenience would not be inconsistent with the
Rules and Regulations, and in the absence of any
rule or order of the Department to the contrary n
Post may provide in its bylaws certain specified
| nights for mastering recruits. And having so pro-
vidcd it follows that it may refuse to muster a
recruit presenting himself at any other time.
OPINION III.
"Are comrades, by reason of the dsi,anding of
years, to wit: from 1874 to 1885, in the case sub
mittcd, without uniting with any other Post de-
prived of the privileges they acquired Past Post
Commanders of such defunct Posts?"
When the Posts to Which these comrades be-
lOnged ceased to exist they stood as members of
disbanded Posts. and upon proper application were
entitled to receive transfer cards, which would
have entitled them to join another Post within n
year Failing to do this, as required by the Rules
and Regulations, they became honoraby dis
charged from the Order.
The admission, therefore, of these comrades was
illegal But this action did per-se render illegal
the proceedings Of the Encampment in which they
participated.
OPINION III.
"A meeting of the Council of Administration was
held AT Department Headquarters, Santa Fe The
order shows that n majority of the members were
present in person or by proxy. At this meeting the
designations OF q member of the Council of Ad-
minstration and also of the Senior Vice Conn
mander were accepted, and these vacancies filed"
There is provision in the Rules and Regula-
tions authorizing member of the Council of Ad-
ministration Of Department to delegate any of
his official powers to another by proxy ItfolIows.
then, from the foregoing statement of facts, that
there was not legal quorum of the Council pres
ent at this meeting and therefore all action held at
such meeting was illegal and void.
OPINION w.
comrade who has been dropped from the rolls
OF Post on account of non payment of dues for a
year or more, Is no longer member of the Grand
Army OF the Republic. and the Post of which he
was member has no jurisdiction over him for any
purpose except to receive his application for rein
statement.