The times. [volume] (Richmond, Va.) 1890-1903, 1898-05-01
LIEUT.. SHANKS
TO MUSTER THEM
Lieut.. Croxton Detailed Quarter
Master at Camp Lee
CAPT. CUNNINGHAM'S DILEMMA
IcUe Volunteers He viii Have To Sur
render His Position a. CITY Col
lector-Ciy Attorney Mere
dith's Decision.

First-Lieutonant u. G. Shanks. Of the
Eighteenth Infantry, United states Army
who has been the commandant Of the
corps OF cadets al the Polytechnic lnsti-
tuic at Blacksburg. reached this cts y S.
terday. and soon after his arrival called
az the Office Of the Adjulant-Gencra.
Lieutenant shunks has been deiailcd ny
the Federal government 10 muster Ii tue
FIrst Lieutenant r. G.. CroXton, First
Infantry. United states ARMY; Wn" sillse
september. l,9,, has been del'licu WIN lne
Virginia volunteers. has now heeh utldli
ed OuartermaSter of camp Lee. ana viii
d. That capacity look AFTER the putr ttIlhs
and sustaining of the troops whilc ll
camp. lie Will also nave to lopN diteI
the transportation of tht loops.
Each one OF these TWO OinccIs WI. sun
sequently accompany OF Ol Ihg Nl,siniI
regiments when they arc ordered out mo
war. Captl Cecil OF th" thirteenth IN
fantry who Is al present stationed no
Tampa. Fla. will likely be the ihird
United States Army officer 90 be detailed
Tor the same purpose lh coIiplaAct WIN
the wishes of Governor IAltI
These officers will all be promoted 20
PATRIOTIsM SEVERELY TESTED
The following letter delivered 10 the
City Collector yesterday explains ltse1'
April 90 lSgS.
F w. Cunningham ESQ., city Collector.
Dear sir.-l am m receipt oi yours OF
April 29th inquiring as 10 what erect
your becoming a volunteer in the United
states Army would have upon your posi-
ton as Collector Of city Taxes. So FAR
as the CITY Charter is concerned. I am
of opinion that the City Council could
under the 12d section Of that charter,
take such steps as would allow you to
volunteer as suggested. But I'm case you
should so volunteer. much more serious
difficulty would arise because of section
163 of the Code of Virginia OSO that
reads as follows
NO person shall be capable Of holding
any office or post mentioned IN the pre-
ceding section. who holds any office or
post OF profit. trust. or emOlument. civil
or military. legislative, executive or Ju-
dicial. under the Government Of The
United States. or who Is in the employ
ment OF such Government or who re-
ceiVes from 10 I'm any way any emolu-
ment: and the acceptance Of such Office
post. trust. or emOlument. or the accept
ance of any emoument whatever under
such Government. shall, ipso facto, va
cate any office. or post Of profit, trust,
or emolument under the Government OK
this commonwealth. or under any county,
city. or town thereof
As the effect OF your NoiuhtetIllB' as
proposed. would be that you would be-
come a part Of the army or military
of the United States. it. is evident that
such an act would cause your Office OF
CITY Collector TO become vacant. The
CITY Council possesses no power by
which IL can do away with the result de-
clared by the statute above quoted. Nor
would section 1914 Of the code Of Virginia
have any effect. as YOU would then cease
to be a part of the militia Of the State
am very truly,
c. Y. MEREDITH.
city Attorney.