Evening star., 1898-10-05

acting Secretary Mefklejohn's Letter
The letter to which reference is made in
the opinion of the solicitor general was
from Actias Secretary Meiklejohn. and was
as follows:
September 20. 1S9s.
10 the Hort Table Attorney General:
SIR: Tnis department is in receipt of
letter nom the honorable Secretary of the
Navy, fnclosing a letter signed, Geo II.
Harrles, brieadier general. District OF CO.
ll!nbi& militia" "a copy of which is in
ciosed), making certain nominations in the
naval battalion of the National Guard of
the District of Columbia under the act of
congress, entitled, An act to provide for
Organizing naval battalion in the District
OF Columbia" approved May il, 1S9S G}G
stats. ioi), and requesting information $
to whether that officer is now commanding
the National Guard of the District of Co
lrmba and authorized under the act ap-
proved May II, 1898, to nominate candi-
dates for appointment as officers in the
naval battalion"
Under the act entitled AN act to pro-
vide for the organization of the militia of
the District Of Columbia" approved March
1, 1888 CO Stats. iI2l, providing that the
active militia shall be composed of volun-
teers, and shall be designated the National
Guard of the District of Columbia" two
regiments and one independent battery
were organized and were being maintained
with tier full complement of officers and
a sufficient number of men to meet the re-
iGItHitIlS Ol the act Nnen tlc existing
war with Spain was declared.
Since the passage of the act of April %
ls3S, entitled An act to provide for tenn
porarily increasing the military establish
ment of the United States in time of war,
ana for other purposes go Stats. 36lD, a
number Of the enlisted men who belonged
to these militia organizations enlisted in
the volunteer branch of the United States
army, and fCrty-SX of the officers have
been appointed as commissioned officers in
T4.r-
who was brigadier general in command of
the District militia, but accepted a COM
mission as colonel in said volunteer army
and still holds the last mentioned office.
As the officers and men were not called
into the service of the United States as
militia, but became a part of the ''yolun-
teer army Of the United States.'' i have
the honor to inclose the papers relating to
this matter and to request your opinion as
to whether the said George H Harries is
now the commanding general of the militia
of the District of Columbia and is author
lied under said act approved May H. 1898,
to nominate candidates for appointment as
officers in the Naval Battalion. Very re-
sl,ecfJlly, G. d. MEIkLEJOHN,
Acting Secretary of War.
The Naval Battalion Selections.
The nominations of officers of the Naval
Battalion, upon which the above opinion is
rredicated, are as follows:
Robert p. Haines, to be commander.
j. S. McGTath. 10 be lieutenant com
mander.
Joseph S. Van Fleet, to be lieutenant
A L. Smith, to be chief engineer
Granville Lewis, jr, TO be lieutenant
GUnior grade).
Robert +. Bradley, to be ensign.
Charles RugerS, to he ensign.
lnaSmuch as these nominations Were
held up only to await the determine tior of
the question of the legal right OF Gen. Har-
RES TO make Them, and as that right has
now been Clearly established it naturally
follows that the commissions will be is
SUED in regular form as soon as the Pres
ident finds time to sign them.