The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-12
ONLY THREE YEARS.
National Guardsmen Obliged to Serve
Only the Time of Enlistment.

Only the Time of Enlistment.
A question of decided interest to 600
militiamen in Montana was answered
yesterday by Attorney General Nolan.
who. in reply to an inquiry from Major
B. III. Cook, First regiment, Montana
National Guard. said that a militia
man cannot be compelled to serve be-
yond the time or his enrolment, says
the Helena Independent. It has been
held by the captains of several COM
panies in the regiment that enlisted
men could not secure their discharge
after three years service-the period
of their enlistment-unless the COM
manders of the companies in which
they served saw fit to excuse them.
The attorney general holds that the
officers have no discretion. but must
grant the men an honorable discharge
If they have served their time AMI are
in good standing at the time they make
the demand for the discharge.
Major Cook, who lives in Butte, i'd
dressed the following letter TO the at
torney general:
Dear Sir: / have been requested TO
write you relative to the term of en-
listment of members of the state mill
tia. 1t is held by some of the captains
that a man is subject to military duty
until he has been granted a discharge
from the service The codes provide
for an enlistment of three years, but
does not make 1t compulsory upon
commanding officer to issue diseharge
at the end of that period. If demand is
made by the party interested. The
question is, when a man has served
three years and asks for his discharge,
and it is not issued him. can he be sub
jected to the penalties prescribed for
disobedience of orders if he refuses to
obey orders issued subsequent 10 hat
time ?''
In reply. the attorney general wrote
a. follows:
Section % of senate bill No. g. an
act to revise the laws in reference to
the state militia of the state of Mon
tana, and to repeal certain laws named
in the act, provides that every man
who shall have been mustered or en-
listed in the National Guard shall be
held to service thereof for three years
unless sooner discharged as herein pro-
vded Section % provides that EN-
listed men shall be henorably dis
charged only upon certificates thereof
signed by the company commander and
Endorsed by the adjutant general with
the governors approval. Such dis
charge shall not be granted except
after three years service or for some
absolute disability The term Of en-
listment by section % is made three
years. and section 26 provides that
discharge shall be granted on three
years service. There is nothing TO pie
vent a member from continuing II
service longer than three years but
that he is entitled TO his discharge upon
his application therefor a the expira-
tion of three years is beyond question.
II would be ridiculous To hold with
this right vested in him, of withdrawal
from the service, through the obsti-
macy of the commanding officer and
through action on his part unauthor-
lied by law, he could be compelled to
serve beyond the period prescribed.
1T is his unquestioned right to sever
his connection with the militia Epoa
the expiration of three years, and TO
hold that he could be made amenabIe
to the provisions of this law for dis
an officer wrongfully and against the
would be TO place a premium upon un-
lawful conduct on the part of the COM
handing officer. 1t would he simply
giving IN the cnntumaciousness Of the
officer an effect which would not be
possible if he bad performed his duty
and the law had been complied with in
that respect. There is no discretionary
power vested in the officer. All Of the
conditions appearing authorizing a dis
charge being shown 10 exist. and no
legal reason apparent for refusal or
the part Of the officer To grant the dis
charge. the applicant under those car
cumstances is relieved Of all RESPONSE
bility in consequence Of disobedience Of
orders.