New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-30
DISSATISFIED OFFICERS.
A RECENT ORDER BY THE ADJUTANT-
GENERAL CAUSES UNFAyOR-
ABLE COMMENT.


soLpIER.LAwYERs DOUBT THE LEGALITY OF
THE oRpER-coMMIssIoNs OF FORMER
GUARDsMEN DECLARED VACANT
There are complaint and dissatisfaction all along
the line because OF the order which was Issued from
the Adjutant-Generars office regarding the officers
of the National Guard who have entered the volun-
teer service. The order reads
Commissioned officers Of regiments signal corps.
troops. batteries and companies OF the National
Guard who have entered into the United state: ser
and who have not resigned, have. by accepting
error vacated their commissions as Officers Of the
National Guard. and their places are hereby de-
clared vacant
National Guardsmen say that the Adjutant-Gen-
erals order Is looked upon slap al the men
who have good reason to lock for praise rather
than censure. Men who left their regiments be-
cause these regiments not ordered to the front
will find the armory doors locked against them
when they return and their former places taken by
men who secured the places because they remained
at home while the original officers were lighting at
the front.
| In speaking OF the order one Guardsman said: "A
! fair example OF the working OF the order may be
seen In the case OF Major Rand. He was a captain
In the 7th Regiment, with twentynine years OF &C
tive service his credit. nine years OF which was
commander OF the Sixth Company The 7th
| Regiment has been kept at home. and. like many
/ officers OF the command, Captain Rand asked TO go
/ into active service and on the recommendation OF
| Colonel Appleton commissioned major OF one
| OF the regiments encamped at Hampstead
which the result Of the Presidents second call
| The same may be said OF Captains Hamilton, Black
! man. Hamn and Todd. OF the 2ed Regiment and
Of OF officers throughout the State. All these
! officers. II they live 70 return to their homes Will
have lost their standing In the National Guard, and
unless they can be elected Office will have
10 enlist as prvates II they wish to continue in the
service"
The fact that staff officers have been favored
makes officers OF the Guard particularly severe In
! their criticism OF the AdjutantCcneral. National
Guard officers receive no pay when not In active
service. and keeping their places vacant would be
no expense to the state. But the officers who are
favored do receive compensation. and II IL the
opinion OF many officers that this makes the injus-
! tice more conspicuous. Brigadier-GenecA Edward
NJ Hoffman Is Inspector-General and Rr'sadier-
/ General william VI Kirby Is the General Inspector
| OF Rife Practice the staff OF Governor Black.
Both receive pay. 9pd to both have been granted
leaves of absence in order take the field one as
! colonel and the other lieutenant-colonel.
! Horatio P Stacpole attached to the Adjutant-
Generals office when he went to the front with the
LIST Regiment as lieutenant-colone and Colonel
Goodman II. Green was Assistant Inspector
General when he elected colonel OF the 9Th
Regiment There Is nothing In the order which
shows that these officers will find their places va
cant when they and the consequence is that
the volunteer officers feel that they have been dis
eliminated against and that their discharge because
OF their enlistment is uncaled for injustice.
Among members OF the TIN Regiment the order Is
looked upon as vindication OF their course. They
have contended all along that the fear of sacrfc
ing their identity kept them from answering Yes
when the question was put TO them: VIII you en-
list for two years in the United States Army"
They say now that II they had done so and had
been divided sent to the front under any other
designation than the It'll Regiment the Officers Of
the regiment would be deprived Of their stand
ing as eth Regiment men, and others who had
come in In their absence would be the officers OF
the iii.
General Tinghasts order Is criticised by law
yers. who say that It is contrary TO the military
code. The last section OF Article w OF the code
says on the subject OF removal:
| A commissioned officer cannot be removed from
| office without his consent except by the Senate.
| upon the recommendation Of the Governor the SEN
tence OF general court-martial or as provided In
| this chapter
The provisions referred 70 for retirement at
the age OF sixtyfor for retirement at the request
| OF the officer after ten years service for dis
ability.
Even the officers who discharged the
recommendation OF board may be heard before
they finally dealt with the law stating:
No officer shall be placed upon the retired list
by the action OF such beard WITHOUT hay:
upon due notice he shall demand It.
The officers whose places have been declared va.
cant by the order Of General Tilinghast will have
such privilege. They have been simply put out,
discharged taken off the rolls. and for no apparent
reason except that they enlisted in a volunteer
ganizatton