Evening star., 1898-04-29
AWAITING ORDERS
District National Guard Ready to Re-
spond to Call.
SOLICITOR O'CONNELL'S OPINION
Decision Affecting Leaves of the
Government Employees.
COMPANY OF IMMUNES

- Il -
Brig. Gen. George H. Harries when seen
by reporter for The Star this afternoon
| In regard to the movement of the Districts 8
quota Of the National Guard, said.
Il know nothing new today. We are
simply awaiting orders. We are ready to
move on short notice."
The District guard. despite the occur
renee OF last Monday. is ready to a man to
respond to any call that may be made
| upon them. Everything is in readiness to
go into camp anywhere with the same
promptness as was shown when they were
ordered out Monday.
Col w. D. Forwood. assistant surgeon
general. has been detailed to the duty Of
examining the volunteer troops in the Dis
trict Of Columbia called out under the
Presidents procla nation Of the 23d in
slant as to their physical qualifications
for the military service Of the United
States.
James A. Roston and L. w. Pulies, COL
ored yellow fever immunes, have enlisted
124 colored men in Washington and vicin-
tty who have had yellow fever and who
want to go to Cuba to fight. The list of
the men enlisted two companies, was hand
Ell President Mckinley today. The organ
izers of the company say they are ready to
go to the front at once.
Solicitor OConnell of the treasury has
rendered decision regarding the National
Guard OF the District which will be of deep
interest The decision, addressed to the
Secretary of the Treasury, is as follows.
and is self-exp!anatory:
DEPARTMENT OF. JUSTICE,
"Off1ce of the Solicitor of the Treasury,
washington, D. c., April 26, 1898.
Sir: BY your letter of the 25th instant
my attention is specifically directed to Sec
tions 10 and 40 of the act of March /, 1889,
providing for the organization Of the mil
itia OF the District of Columbia, and my
opln1en Is requested as to the effect of the
provision contained in said act governing
members of the National Guard who are
onicers and employees of the United States.
In this connection you inclose, for my
consideration. copy Of an order issued Sat
urday. the 2Sd instant. calling out thu Ma
tional Guard of the District, and directing
certain portion OF them to encamp at a
specified place and another portion to en-
camp at different location, specifying the
duty to be performed by the last-name d
portion of the guard, namely, the guarding
or the reservoirs and conduits by which the
District receives its water supply.
You observe that section 40 of said act
does not specify the period for which leave
of absence shall be given, and suggest. un-
less the act of March 10, 1885, making an
proprfations for the legislative, executive
and judicial services of the government
has the effect Of limiting such leave of
absence, that section 40 must be construed
by your office as allowing indefinite leave
of absence with pay.
Act Not Affected.
Il do not think that the act of March 1.
1889, providing for the Organization of the
militia OF the District of Columbia is af-
fected by the act Of March Is, 1885, making
appropriations for the legislative, executive
and judicial branches of the government.
Section Z of said act of March Is, 1898,
is amendatory of section of the act MAX
ing appropriations for legislative, execu-
tive and judicial expenses, approved March
B. 1893. A similar act was passed on the
Sd of March. 1888 (22 Stats, p. 531.) See
section 4.
In 1895 the acting secretary of the treas
ury inquired of my predecessor whether, in
his opinion, the leaves of absence provided
for by section 40 Of the militia act were in
any way repealed or affected by section 5
of the act approved March 3, 1893 1t was
held by him that they were not. The que.s-
tion was then presented to the Attorney
General for an expression of his views
That officer held, in an opinion dated Nay
%, 1896, that the act of March 1, 1889, Sec
ton 40. was not repealed or modified by
the act of March 8, 1893, section 5.
"The object of the former was to provide
for the public defense, and that of the
latter to regulate leaves of absence for
private reasons or purposes; and that,
therefore, there was no Inconsistency be-
tw cen the two acts.
The Attorney General says: This ques-
tton had arisen in my own department be-
fore your letter came, and had decided
it in the same way as the solicitor of the
treasury, a copy of whose opinion you in
close. I approve that opinion, which
states some Of the reasons which require
the conclusion that the earlier law is not
affected by the latter. The objects Of the
two acts were different. that Of the for
mer being to provide for the public de-
Tense and that Of the latter being to regu-
late and limit leaves Of absence for private
reasons or purposes.
There Is. therefore. no Inconsistency or
general repeating clause In section Of the
act Of 1898 does not apply to the part Of the
act Of 1889 above quoted, or to any other
parts, as 1t must be held to do If 1t applies
at ALL
Former Opinion.
'Tt was held by the Attorney General, in
1892. that an employee of department alb
sent from his duty while at Omaha. Neb..
at prize drill duly ordered by his superior
officer Of the National Guard, Of which he
was member, was entitled to his pay
while absent.
In 1888 ths question was submitted to
the Attorney General by the Secretary of
War whether the men in the employ Of
his department who were absent from their
duties to attend the rifle practice under
general order from the headquarters OF
NE District OF Columbia militia were en-
dtied to that absence without Ioss Of pay
or time. The order referred to announced,
among other things. that .'the troops of the
National Guard viii parade for rife prac-