New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-05
NATIONAL GUARD AFFAIRS.
TRYING TO GIVE THE GOVERNOR MORE POWER
OVER oFFICERS-FoRMING HEAVY
BATTALION.

TRYING TO GIVE THE GOVEhNOH MOfsE fOW1n
OVER oFFICERs-FoRMING HEAVY
BATTALION.
Experience in this city during the last year or two
has created desire the part Of some one 10 give
the Governor almost absolute power to discharge
commissioned officer when his discretion this would
be for the best interests Of the National Guard This
desire has made itself evident In bill which has been
introduced in the State Senate by Mr. Stewart. All
the safeguards placed around commissioned oricers
title by the State Constitution to be removed en-
tlrely by this proposed legislation, II the bill becomes
law. Hereafter when the communicative chief wishes to
set rid OF an oIhcer he will not be under the ne
cessy of dsbanding the company or regiment which
the officer commands and thus there will be saved the
| trouble and expense incident TO such proceeding
At present the Constitution provides Article XII, Sec
| ton 5
The commissioned officers OF the militia shall be cominis
stoned BY the Governor commissioned oieer shall
BIO oce unless by the Senate the recon-
mendson OF the Governor, stating the grounds on which
removal is recommended, or by the decision OF
courtmartal pursuant to law The present officers Oh
the militia commissions subject 70 removal
| as before provided.
This section is qualified by the next follows
In case the and appointment of militia
officers hereby directed shall not be found conducive to
the improvement Of the militia, the Legislature may aooi
sh and provide by law for their appointment
and removal twohirds OF the members present In each
| house shall concur therein.
These provisions Of the Constitution have already
been qualified TO considerable extent by Legislative
| enactment, and Ii is proposed to brush them
away entirely When this Constitution was adopted 1t
| was evidently the judgment of the people OF the
state that safeguards should be placed around the
officers of the militia so they would hold their I'M
portant Offices by stronger thread than the mere
| discretion Of one man. They also evidently con-
sdered the fact that might arise when strict
| eonformance to the Constitution might euoarrass
the military authorities, and the fundamental law
was made more elastic II it should be found by ex-
perlence that II necessary to amend the law by
Legislative enactment, the Constitution was left In
| condition TO allow this course to be taken
Advantage has been taken Of this privilege already
| by an act providing for q Board Of Examination and
now increased powers to be given to this Board.
At present this Board can only take cognlzance OF
any fact which disables" commissioned officer from
| performing military duties. The new law If 1t be-
| comes o law provides that the Board can inquire
whether the officer is disabled unfit or incom-
petent from any cause whatever" to perform mill
tary duty and the Board Is TO be the Judge Of such
disability, unftness incompetency, except that It's
decision IS subject to the approval OF the Governor
From the fact that officer will be brought before
tho Board except by order Of the Governor, however,
the Boards decision would be, practically final This
result 1t is proposed to bring about by amending Sec
lions At and AZ of the Military Code, to read as fol-
| lows
Any commissioned officer who has become or shall mere
after disabled and thereby incapable OF perform
Ing the duties his office shall be withdrawn from active
service command and rendered supernumeary ana any
commissioned officer who has become or who shall hereafter
become unfit incompetent and thereby incapable OF per-
forming the duties Of his office shall be discharged such
retirement discharge shall be by order Of the Commander
nChie and In either case shall be subject TO the pro-
| visions of the next succeeding section.
carry the provisions Of the last preceding
the Commander.nChief shall appoint Board OF
| not less than three more than five commissioned
officers OF whom shall be Of the medical stan, whose
duty it shall be determine the facts as to the nature
and occasion ncapacy Of such officers as appear dis
abled, unfit incompetent from any cause 70 per.
form military service and whose cases snail DC referred
TO IL by the Commando I'm Chief The said Board Is
berebv invested with the powers Of OF inquiry and
court-martal and whenever finds an oncer lheapacl
for active shall report such fact to the Com
mandern Chief stating the Of ncapacity whether
from disability unhtness, and II he approves
such Judgment said officer shall thereupon be rendered
supernumerary discharged as provided in Section At
provided always that the members OF the Board SHALL
every case. be to honest and impartial prfcrm
ance OF their duties according TO the provisions relating
thereto in Section 105 this act and that officer shall
be placed upon the retired list discharged, by the
action Of such Board without having had fair and full
hearing before the Boad. IL due notice he shall
demand It, Provided, however that shall not be neces
sary to refer any action OF such Board arising
Section AZ Of this act unless the officers designated
by the COMMANDMENT Chief to be placed on the retired s
or discharged shall within twenty days after being notified
that they VIII be retired discharged, serve on the
odutantteneral notice writing that they demand
hearing examination before such Board and provided
further officer whose rank or promotion would oe
affected By decision Of such Board in case that
NAV came before It. shall participate IN the examination
or decision OF the Board in such case.
The power given by the Constitution to the Governor
and the Senate is TO be given to the Governor and this
Board created By him. ii the officers themselves like
this that is sufficient excuse for the legislation. 1t Is
| han az
Commander Chief has much easier way OK getting
rid OF officer than either of these, whether there an
charges against the officer not.
The 18th Regiment Athletic Association will hold It's
Watch will be awarded TO tho winner OF each contest
and a nickel stop-watch to the second man. RUNNERS
and Friday evenings from to 7 AS O'Clock or from
AS TO 10 80 O'Clock and bicycle riders may practise
on Wednesday evening at the same hours. Dancing
with Charles j. Leach. the secretary Of the @Ssocs9n
1t appears probable that another organization will be
knocking for admission TO the National Guard within
members Of National Guard organizations in this
city and who live staten Island have sgnieG tnel
Connty whether or not tho State officials will con
sent 10 the formation and admission OF rev or
ganlzation into the National Guard is not certain
Heretofore they have looked upon such project Will
dsfavor. preertng to strengthen existing organic
ones The plans for the organization which Is con
tempated, however, seem to be entirely pscuca93iie
TS ea IN SeaTy q batteries s for
although several states ahead Of New IN IN;
respect Staten Island seems to be eminehty nU'eo
for lust such an organization. -.
The veterans Of the 7th Regiment will have great
celebration on April 10. in commemoraton Of the thlr
tieth anniversary Of the departure Of the 'th Reg
ment for the front. in 1861 At first IL was proPoseo
IN hold the celebration In the Metropolitan opera
Honse but Colonel Appleton thought that the proper
place for the veterans to celebrate was IN tne .tt
Regiment Arnory and the plans were cnanged &C
cordngly Undoubtedly the last spark OIL ln1eehnl
which NAV have survived between the actve nemoers
~ the regiment and the veterans over the unlI0rn
oucStion viii be drowned in the ioty OF TINS occasion
The veterans of the 9th Regiment VIII hOld meet
| inc on Thursday April o. to make arrangements i0l
The dinner of the association, to lie heiG at ClarH
. on Nav o. Several other subjects Oh interest," VII
| come before the meeting.