Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-04-26
STATUSoF THE VOLUNTEERS
Requirements of the Recent Act of Congress
Explained
Provisions Regarding the Tr.n.se-
OF omcers From the National
Guard to the New Army.

l
Is regarded as an authority on the subject
| made the following statement To a Sta,
reporter today in regard to the organiza
| ton Of the volunteer army under the re-
| cent act Of Congress:
1.-THE act provides that in time of wa,
! the volunteer army and the regular arm,
are two branches of the United State:
army, on equal footing with each other IL
| all respects, and that during such time
| they both together make the United State.
army.
THE enlisted men are obtained in the
| same way in both branches /. e.. by vol
| untary contracts of enlistment made b,
| each man himself, directly to the United
| States.
THE officers also are obtained in the
same way in both branches, i.e., by ap
| pointment, and acceptance of the appoint
rent by the appointee. The appointments
however, are not all made by the same
person or official. The President appoints
all the officers in the regular branch, ani
a portion of those of the volunteer branch
| but it is provided that governors of states
shall appoint some of those in the volun
teer branch 1t is a case where it is pro.
vided that governors of states shall ap.
point United States officers.
There is no provision in the law fol
any state, or the governor or other officer
of any state, to enlist any of the meI
of either branch of the United States army
or for them to have anything to do with
raising either branch of it, except that the
governors are to appoint certain desig-
mated officers of the volunteer branch when
it Is raised.
1.-The United States, through the War
rtT he ~
and there is no law providing that it shall
not raise the volunteer branch, or that any
state shall raise it.
Authority of Governors.
1.-The governors of states have no more
authority to raise the volunteer branch of
the United States army than they have to
raise the regular branch of it, and it is not
at all likely that one Of them has a single
dollar in his state treasury that can be
lawfully used for the purpose of raising
either branch of it.
IF the governors of states should be ask
ed now to raise troops for either the regu-
lar or the volunteer branch Of the
United States army, some of them would
probably have to call their legislatures to-
gether to appropriate money ana make 9TH
proper provision therefor; and some
would raise questions as to whether the
states or state officers Except the govern
ors in the matter of appointing the Off
GERS referred toy were intended to have
anything to do with. raising the volunteer
branch Of the United States army.
THE first proviso to section of the VOL
unteer act recognizes that at least some Of
the states have state militia organizations,
and 1t also assumes that some of the mem
bers OF these organizations will enlist in
the volunteer army of the United States
and it is assumed that the members of
some OF those organizations may come to
the United States recruiting officer in
body as members of a company, and all
enlist In the volunteer army in a body
and it is provided that when they do this
their militia officers may be appointed as
officers for the organization they consti-
tute in the volunteer army-that is, If the
men constituting a militia organization
withdraw from It all at once and all come
and enlist together in the volunteer army
Of the United States, they have a right to
expect that the men who We're their Off
GERS in the militia organization they had
belonged to will be appointed as United
States volunteer officers for the orsaniza-
ton they will constitute in that establish
ment.
transferring Organizations.
But that is all there is to that proviso
and there is nothing in the act that can be
construed to provide that any state organi-
zation shall be transferred as a state Or
sanizat1on into the United States service
mustered in as the state volunteer or
CARNATIONS of 1861 to 1865 were-and if the
militia officers ara not appointed as volun-
teer officers, or If they are appointed and
oo not accept the appointments, they will
remain militia officers. But If they are an
pointed and do accept the appointment they
Will probably have to resign as militia Off
GERS And If they do not resign they will
simply hold two offices-one in the state
militia and one in the United States volun-
teer army.
The act assumes that members of the
state militia organizations will enlist in
the volunteer army, but does not provide
Tor them to do so.that is, it does not re-
quire them to do SO. And any one else Is
as clearly eligible to enlist as they are In
TACT, 1t might be that, unless something is
cone by their respective governors to pre-
vent 1t, these militiamen will find that their
obligations, under the state law, as men,
bers of the state militia organizations, will
be obstacles In the way of their entering the
United States volunteer service"