Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-27
QUESTION OF STATUS.
rrEREsTING SUBJECT coz
s,prRED BY THE GOVERNOR
GINA SOLDIER HOLD A STATE OFFICE9
,.vv Thought 20 Decide the Matter
g., the ACKNOWLEDGEMENTS NJ ~
Ntustcred Out Soldiers
-. SIN I'm state Service.

-..r. an Interesting question arose IN
-. ,.,rs-,o,,s Office yesterday involving
.-. ,-5- Of a soldier in the volunteer
,--.y of the United states TO hold an Oh
s.. under the Virginia State Government
s.-reant in a. Portsmouth Company
-..o,s che Governor asking him II ms Of
s,. NJ notary which ne had held prior u
49,, mar. had been vacated by his service
q, Che army Of the United States GOV
,,ro- TYLER was at first very positive
o-t.t did not, as there seemed authority
e,~ the opinion that only commissioned
,.,,a-s Of the volunteer army could be
,,-e-rued as officers Of the United States
Government.
Some doubt was later raised, however
and uron further investigation the Gov
,--5- became about Convinced that there
Vas nothing in the state Constitution
o- On .be code which would forbid a SOL
der Of the militia of the United states
holding a State Office.
THE LAW on THE SUBJECT
Following are the two sections Of the
sole bearing on the subject:
section 1g5-No person shall be capable
or holding any office or post menuoned IN
,rs preceding section who holds any OIL
f.s mp most Of profit, trust, or emolument'
civil or military, legislative. executive
o- judicial. under the government OF I--e
United states, or who is in the employ
,.s-+ NJ such government, or who receives
--.-, % I'm any way any emolumeht Wh'.-
.,ar and tho acceptance OF any such o.
fra most trust, or emOlument, OF Inc ac-
..-tlr.a ~ any emolument Whatever an
.- .,,cb government, snail, ipso iacto
r.cate any Office or post OF pronI' nus
-, anolument under the govern neht OF
t-ls commonwealth, or under any county
CITY or town thereof
section lG6-The preceding secIioh sh@l
.-. ~ construed 20 preyent members Of
...,,-rees frono acting as justices visitors
o. Inc University, or Virginia MlitaIy -
,..Yte or from holding offices IN lh'
-.I, or 10 exclude from Office undel
.f. STATE. on account Of pension lioi,
DBL. united States, n person 20 whom sucl
r- ION has been granted on account .
sound received in war. or TO eNclud'
f-rr .lch office or post militia officers
or soldiers, on account Of the reconlpeHs'
they nav receive from the United states
when called out into actual duty
OFFICES NOT VACATED.
Governor Tyler. in view Of the fore
C-us provisions Of the cog, IS OF th
opinion that an office held by virginia.
prior 20 bis enlistment In the Voiuhlee
army is not vacated by such ems ..leh'
Ir.-tlre in the regular army woiU o
course yacate such once. Inc DoNe ,I.
ulr desired the opinion Of the Attorney
General ON the subject, but this ofiicia
ia o4t OF tho city.
This question involves the other ques
ton as 20 whether solder in the Vli
rr.a Volunteer service prior TO enlis'
msnt in tho service of the United STATE
A.. I'll soldier Of Virginia after being mus
tered out OF the national service liner
l- prevalent opinion that enlisted me
arc sun in the service Of the state, pu
thar commits stoned officers who ehtere
the service Of the National Go'eIIii' 81
Or the beginning Of the war are not IN "a
Stale service when discharged from -
service OF the United States. In the mgr
VI tAe foregoing sections or the COue,
would appear that both officers ana ne
Of the Virginia Volunteers who entere
the volunteer army at the outbreak
hostlues are sun in the state servi'
when mustered out OF the service OF u
United States Government.
REORGANIZATION OF MILITARY
In view Of the obscurity Of the law
This subject. Governor Tyler has not take
amy steps looking 10 the reorganiza'Ie
Of the State military made postlFeiy ~
cossary by the war. He hopes to be az
TO formulate a satisfactory scheme
reorganization when Colonel Male resuri
Dis duties as Adjutant-General. WINS
wiz be IN a few days. The Governor ID
EXPRESSED the opinion that 1t VIII De
tho best interests OF the service 10 ma
but two Virginia regiments, and 70 maj
tain these at the highest possible POI
Of efficiency as regards equipment az
discipline. The Governor Is consioerii
q plan by which the Virginia soldiers ct
b. kept IN encampnent every year ior
stated period on full pay.
RRTIREAIENrs AND RESIGNATION
Who IS the ranking officer in the VI
ginia military?
Governor Tyler yesterday accepted u
resignation OK Brlgader-General A.
Phillips and stan, and ordered that