Evening star., 1897-07-30
WILL WEAR A UNIFORM
Minister Woodford Affected by the Recent
Decision.
Will Put on the Garb of q General
when Presented to the Spanish
Queen Regent.

Gen. Stewart L. Woodford, United States
minister to Spain, now on his way to
Madrid. is directly affected by the recent
opinion OF the Attorney General to the ef-
feet that volunteer officers of the army are
entitled TO bear the official title and upon
occasions of ceremony to wear the uniform
OF the highest grade they have held by
brevet or other commissions in the volun-
teer service. Gen. Woodford held the rank
OF brigadier general of volunteers during
the war, and will wear the uniform of that
rank upon the occasion Of his reception by
the Queen Regent of Spain at San Sebas-
tian, about the middle of August. Mr.
Sickles, secretary of the United States le-
cation at Madrid, who accompanies the
minister. is a major in the New York Ma
tional Guard. and will appear in the uni
form of that rank on occasions of GER
emony. Officers of the National Guard,
however, are not affected by the opinion of
the Attorney General
That opinion is of great interest to all
ofncers VINO served during the of the
rebellion in either the regular establish
ment or the volunteer service.
The questions involved were raised by
the Secretary of War, and the opinion is
addressed to him. The opinion was made
oy Solicitor General Richards. and was ap-
proved by Attorney General McKenna 1t
is as follows:
Il have the honor to acknowledge the re-
celpt of your communication of the 14th
ultlmo. requesting an opinion whether Sec
ton 1226 of the Revised Statutes is appli-
cable to persons who were officers in the
volunteer service during the late war but
are not now officers in the regular army.
Inc request for the opinion grows out of
the application of James F. Farrell, late a
captain of the 5th New York Heavy Ar;il-
lery, and brevetted major Of United States
volunteers, to your department for instruc-
n ha ie,<
tled TO wear, under this section.
am not altogether satisfied that the
app1cation of this private citizen raises q
question of law in the administration of
your department, which properly calls for
an opinion from me, but it appears from
the enclosures and l am otherwise inform
ed that proper cases demanding decision
OF the same question are pending in sew
eral of the executive departments. SO
am disposed to regard the rule advanced by
my predecessor when declining to give
opinions. as perhaps inapplicabls to the ex-
listing situation.
The section in question reads as follows:
section l226. All officers who have
served during the rebellion as volunteers in
the army of the United States, and have
been honorably mustered out of the VOL
unteer service, shall be entitled to bear the
ofnclal title and, upon occasions of cere-
mony, to wear the uniform of the highest
grace they have held, by brevet or other
commissions, in the volunteer service The
mghest volunteer rank which has been
neid by officers of the regular army shall
De entered. with their names respectively
upon the Army Register. But these prfvi-
leges shall not entitle any officer to COM
nand, pay or enolumentss
Thfs section speaks for itself; the Ian
guage Is plain; 1t requires no construction.
In its leading features-the bearing of an
omclal title and the wearing of a uniform
upon occasions Of ceremony-the section ap-
plies only to ex-officers who have served
curing the rebellion as volunteers and have
been honorably mustered out of that service
ana are not now in the regular army The
only privilege granted to officers in the
regular army who acquired rank in the
volunteer service is the entry of their high
est volunteer rank upon the Army Regis
ter.
Both departmental and legislative con-
struction confirm the accuracy of the above
conclusions (War Department General Or
ders, No. as, August "a, 1867. Act of Febru-
ary 4, 1897, % Stat, SID.
Your question is, therefore, answered in
the affirmative"