Evening star., 1899-03-21
Question Regarding the Issuance Of
Stores for It's Use.
JUDGE ADVOCATE GENERALS VIEW
Appropriations Held to Be Not
Available.
NJ Al REP AIR ES S Z L

navy has prepared a memorandum for the
Secretary of the Navy on questions raised
by Brig. Gen. Harries, commanding the
District of Columbia militia, in regard to
the issuance by the Navy Department ''of
certain naval stores. &C.. for the use of our
naval battalion" In his communication
Gen. Harries said that the decisions of the
department were 'invariabiy adverse 10
our interests: it being held that the issue
of supplies to the battalion in question
would constitute an unfair discrimination
against the naval militia of the STATES
In his memorandum Capt. Lemly says
that Gen. Harries contends that the naval
militia of the District of Columbia stands
in a very different relation to the general
government from that of the militia of the
several states; claims that the entire Or
ganization is federal in every sense of the
word, inasmuch as the President of the
United States is the commandments
of the militia of the District of Columbia
and the commissions of all the officers
are issued by him. countersigned by the
Secretary of War when the commissions
are military and countersigned by the Sec
retary of the Navy when the commissions
are naval" and that the various state
authorities have unauestionably recognized
the distinction between the state troops and
federal troops no embarrasSmentS having
been experienced by the War Department
in administering the law (section II. act of
March /. 1SS!D authorizing the issuance of
supplies to the District militia.
No Danger in Establishing Precedent.
The act approved August 3, 1894, ito pro-
mote the efficiency of the naval militia,
provides, says Captain Lemly, that the
Secretary of the Navy be, and he is au-
thorized, to loan temporarily to any state
a vessel of the navy Ito be used only by
+l1 l1rIx- 11 mill of
the state" In loaning a vessel to the
militia of the District of Columbia. under
this act, he says. the department has
doubtless treated that organization as II
it were established by authority of a state;
'neyertheless,' says Captain Lemly, Il am
of opinion that there are sufficient differ
eEceS between the status of the militia OF
the District and that of state to preclude
the use of any liberaiity Of Interpretation
which might be exercised in favor of the
District militia precedent for like con-
cessiOns to state organizations in behalf of
which similar applications may hereafter
be made l think therefore, that the
claims advanced upon this point in behalf
of the District militia may be substantially
conceded without establishing dangerous
precedent or opening the door to like de-
mands from the states.
But General Harries' letter is intended
to support a requisition for the issuance of
stores, which is tantamount to the eXpen-
diture of money, and before such requi-
sition is approved it is proper that some
appropriation against which it may be
chargeable be found. There is no specific
appropriation for the naval battalion of
the District of Columbia. The naval act
for the current year contains clause ap-
propriating the sum of $4,000 for arms,
accouterments, signal outfits boats and
their equipments and for certain printing,
but the purpose of the present application
is not to draw upon this appropriation
alone, if at all.
On the contrary, it is understood that,
among other things. this is an application
for repairs to the vessel loaned-an item
not included in the appropriation last quot
ed abOVe-and further. that it does not stop
there, but amounts, in effect, to the conten-
ton that appropriations. made by Congress
for the maintenance of the navy. may-in-
deed. must, for if applicable at all the law
is mandatory-be drawn upon for the use of
the Naval Battalion of the District of Co
lumbia. That this is the purpose in view is
suggested in the second paragraph of Cen
eral Harries' letter wherein he refers to the
fact that the department has declined to
issue certain naval stores, etc, for the use
of our Naval Battalion Again section 4
of the act to provide for organizing q
Naval Battalion in the District of Colum-
bia,'' approved March II. 1898, is quoted.
This section reads as follows:
Organization Act.
That in all matters not otherwise spe
cially provided for, the provisions of the
law which provides for the organization of
the militia of the District of Columbia shall
apply to the Naval Battalion
1t is argued that this means that the
provisions of the act of March /, 1889, Ito
provide for the organization of the militia
of the District of Columbia" are to be ap-
piled wherever necessary to the Naval Bat
talon. The particular section involved in
section 81 of the act of 1889, which reads:
That the uniforms, arms and equip
ments of the National Guard shall be the
same as prescribed and furnished to the
army of the United States. Every organi-
cation of the National Guard shall be pro-
vided with such ordnance and ordnance
stores clothing, medical supplies, and other
military stores. as may be necessary for
the proper training and instruction of the
force and for the proper performance of the
duties required under this act.
such property shall be issued from the
stores and supplies appropriated for the
use of the army. upon the approval and by
the direction of the Secretary of War, to
the commanding general, upon his requisi-
tions for the same. The property so issued
shall remain and continue to be the prop
erty of the United States and shall b.. ac-
counted for by the commanding general at
such times, in manner, and on such forms,
as the Secretary of War may require.
with respect to the Interpretation which
has been placed upon this provision of law,
it is stated that:
Under the statutes quoted there have
been issued quartermaster's, ordnance and
most recent incident being complete cloth
ing and ordnance equipments for nins hum
dred men, all without cost to the brigade
The law is perfectly plain
"Of the above items, it may be remarked
that as general rule clothing is not is
sued. even to enlisted men of the regular
army, but articles of clothing are furnished
them by the pay department and charged
TO their accounts.
After careful consideration of the pro-
visions of law above quoted l am satisfied
that, whatever their effect may be and
however plain they may be in their appli-
cation to stores and supplies appropriated
for the use Of the army they are explicit
enough to render naval appropriations gan
orally available to meet requisitions for
stores and supplies for the use of the naval
battalion of the District militia. The con-
sideration that the District militia Is a
federal and not state organization doss
not relieve the situation of embarrass meut
Executive departments have no power To
divert appropriations made for one branch
of the federal organization to the use of
any other branch, nor, indeed, nave they
any power to use any specific appropria-
tion for purpose other than that for
which it is made. Over such matters Con-
gress (and the accounting officers OF the
treasury have invariably exercised a zeal
Gus supervision. 1t is not an executive
function to take money from one of the