The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-30
STATUS OF THE VOLUNTEERS.
Defined by the Assistant to the Judge
Advocate of the Army.

Advocate of the Army.
savannah's spldlery will be interested in
the opinion of Maj. ]. N. Morrison, assist
ant to the Judge Advocate General of the
army who is recognized as an authority
on the subject, made the following time
ly and instructive statement to-day in re-
gard to the organization of the volunteer
army under the recent act of Congress-:
The act provides that in time of war
the volunteer army and the regular army
are two branches of the United States
army, on equal footing with each other in
all respects, and that during such time
they both together make the United
states army The enlisted men are obtain
ed in the same way in both branches, 1. e.. 4,
by voluntary contracts of enlistment
made by each man himself, directly-to the
United States. The officers also are oh
tanned in the same way In both branches
/. e., by appointment and acceptance of the
appointment by the appointee. The appoint
ments, however, are not all made by the
same person or official The President APP
points all the officers inshe regular branch
and portion of those of the volunteer
branch, but it is provided that Governors
of states shall appoint some of those in the
volunteer branch. 1t is a case where it is
provided that Governors of states shall ap-
point United States officers.
There is no provision of the law of any
state, or the governor or other officers of
any state, to enlist any of the men 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 apopint certain des-
ignatea officers of the volunteer branch
when it Is raised. The United States,
through the war department, raised the
regular branch, and there is no law pro
viding that 1T shall not raise the volun-
teer branch or that any state Shall raise
it. 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 1t is
not at all likely that one of them has a
single dollar in the state treasury that
can lawfully be used for the purpose
of raising either branch of it.
If the Governors of states should be
asked now to raise the troops for either
the regular or the volunteer branchSof the
United States army, some of them would
probably have to call their legislatures
together to appropriate money and make
other proper provision therefor, and some
would raise questions as to whether the
states or state officers Except the Gov
errors in the matter of appointing the
anything to do with raising the volun-
teer branch of the United States army.
The first proviso TO section 6 of the vol
unteer act recognizes that at least some
Of the states have state militia organiza--
lions, and it also assumes that some OF
the members of these organizations will
enlist in the volunteer army of the United
States, and it is assumed that the mem
bers of some of these organizations may
come 10 the United States recruiting Of
fcer '1n a body" as members of a com
pany, and all "enlist in the volunteer
army in a body" and 1t is provided that
when they do this their mil
tia officers may be appointed
as officers for the organization
they constitute 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
were their officers in the militia organiza-
ton they had belonged to will be appoint
ed as United States volunteer officers for
the organization they win constitute in.
that establishment.
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 or
ganization shall be transferred as a state
organization into the United States SER
vice-"mustered in" as the state volunt er
organizations of 1861 to 1865 were-and if
the militia officers are not appointed as
volunteer officers. or if they are appointed
and do not accept the appointments, they
will remain militia officers. But if they are
appointed and do accept the appointment,
they will probably have to resign as mill
tia officers. And if they. do not resign, they
win simply hold two ofices-one in the
state militia and one In the United States
volunteer army.
The act assumes that members of the
state militia organizations will enlist in
the volunteer army, but does not provide
for 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 1
fact, il might be that unless something is
done by their respective Governors to pre-
vent II, these militiamen will find that
their obligations under the state law az
of the state militia organizations
will be obstacles in the way OF their enter
ing the United States volunteer service.
-S-<1-S
TROOPERS TRIP TO WORKSHOP.