Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-11-17
STATUS OF MILITIA.
Governor Fancher Issues a General
Order Defining Status Of Officers
and Men.
First North Dakota Returns to the
Place it Occupied Before
the War.
Militia Reorganization.

SA VVSAs
Militia Reorganization.
The plan for the reorganization of the
militia of the state, a portion of which
served in the Spanish American war as
U. s. volunteers, has been settled upon,
and a general order to be issued by Gov
n Fancher in a day or so will infor m
the officers and men of the companies
officially of the. method of reorganiza-
ton. Under the plan agreed upon, the
organization of the First Infantry will
remain the same as it was prior to the
mastering in of the officers and men to
the government service. The officers who
were in command at the time the regi-
ment vas mustered in will again assume
command of the companies. The militia
men are considered to have been absent
from the state with leave and on fur
loughs and the same are declared re.
voked. The officers are ordered to report
to the adjutant general for instructions
and assignments. The enlisted men will
be given credit for the term of their
service, and those entitled to discharges
will receive them. The company com
manders will then make requisition for
equipments for new companies, and
again recruit their companies.
The following is the order to be issued
with regard to the reorganization:
Upon the return tothe state Of the Of
f1cers and men of the North Dakota Ma
tional Guard who enlisted in the U. S.
volunteer army for the Spanish Ameri-
can war a question arose as to the legal
status of such officers and men in the
national guard of the state. The ques-
ton WAS referred to the attorney gen.
.eral for his opinion, which is quoted at
length. 1t is therefore ordered:
l. The organization of the First In
fantry, North Dakota National Guard
remains as it did previous to the muster
ing in of the officers and several com
panies into the United States service.
2. The officers and men of the North
Dakota National Guard serving in the
u. S. Volunteer army having been dis
charged from such service such officers
having been absent from the state with
leave and enlisted mer on furlough, the
said leaves of absence and furloughs are
hereby revoked.
8. Field officers and captains or com
manding officers of Companies A. B, G,
D., G., H, I, and X, will report i'm.
mediately to the adjutant general for in.
,%structions and assignments.
4. Enlisted men of the North Dakota
National Guard will be given credit or
their national guard enlistment for the
time served and those whose enlistment
in the North Dakota National Guard has
expired are entitled to an honorable dis.
charge"
The opinion of the attorney genera,
which is quoted at length in the order, is
complete and lover the questions in
volved as to the status of the men. There
are two principal questions involved
whether entering the volunteer army Of
the U. S. annuls the enlistment anc
commissions in the militia, and whether
if the commissions of militia officers who
entered the service of the United States
were not annulled by SO doing, woule
they, upon resigning from the volunteer
service. still retain their commissions il
the guard. The attorney general holds
that the regiment, although mustered
into the service of the U. S., does no
cease to be a part of the militia of thu
state, and, that its character is no
changed. At the end of the time of serv
ice it returns and practically occupies
the same position as it did when i
started. The request of the governor t,
the militia to volunteer should be con
.strued as an indefinite leave of absence
to the officers and men, and it would
necessarily follow that the resignation o
an officer of the guard from the volun
teer service would in no sense constitut,
"a resignation from the militia.
Adjutant General Miller, acting unde
this order, will direct the staff officers t.
report to Col. A. P. Peake, in command
of the regiment, and will. supply tn,
company. and field officers with neces
.sary blanks for acquisitions, and will
new muster rolls, etc. Discharges will
be issued to the men entitled to them
and supplies and equipments for tn
several companies issued upon requisi
tons. The filling up Of the companie
will devolve uponthe company command
.ers as before. The old officers of tn
guard will again assume the place the!
occupied prior to the val reorganization
of the regiment.
At Fort Yates.
A l;eoo%oh from Fort Vatoa aavs. T