Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1899-10-11
'CAN I SUE HE STATE
Story That Iowa Regiments Will
Claim Service Pay From the
State Absurd.
National Guard Ceased TO Exist
When Mustered Into Uncle
Sans Service.
Major olmstead Still on Duty in
lowa-Bryan Resumes His
Speechmaking.
Special to Times-Republican.

Special to Times Republican
5. Des Moines, Oct. 1.-THE latest .pipe
story sent out from Des Moines is to
the effect that the members of the Iowa
regiments in the Spanish war will bring
action against the state to recover pay
for the time of enlistment, under the
claim that section 2169 of the code
gives these men the right to demand
pay from the state in addition to pay
from the United States. Tie section of
the code referred to is as follows:
Wnen a requisition shall be made by
the president of the United States for
Troops the governor, as commander-in-
lchief, shall order into service the Ma
tional Guard OF the state, or such por-
ton thereof as may be necessary, and,
Hf insufficient, so many of the militia
las is required, designat ting the same by
/ draft If sufficient number shall not
lvolunteer, and shall organize the same
i and commission officers therefor; and
While SO in service the National Guard
and militia shall be subject TO the same
regulations and receive from the state
the same compensation and subsistence
as the army of the United States re-
ceives."
OF course every well-informed person
Knows that the whole story is absurd
i for the reason that the state can not be
3Isued, If for no other reason. The only
thing the soldiers could do would be to
Igo before the legislature with their
lciaim for double pay,amounting, it is
Iestlnated. to something like 100000.
| The chance for collecting such q claim
/ may be imagined, but it will never be
presented. There are other reasons why
lit has not even technical ground TO
Istand on. The soldiers We're not serv-
ling as National Guardsmen or militia,
land We're not serving the state at all,
but the United States. They had sew
Tered all connection with the National
! Guard, and by general orders No. %,
.ldated Sept. 16, 1898, We're mustered out
9Iof the National Guard, the order taking
effect on the day they We're mustered
i into the United States service This
order mustered out the entire National
lGuard, not only those who had vollin-
4 tered for service in the army of the
iUnted States, but also those who failed
Ito volunteer or were rejected upon ex-
lamination. The whole organization was
lWiped out. so that the guard might he
.Iorgan1ed anew when the volunteers re-
i turned from the war. as has been done.
/ Another purpose was to get rid of the
istay-at-honles, who We're going around
lclaiming to be the National Guard after
4 the fighting men had gone to the front.
4 SO it Will be seen that there is absolute
| ly no ground whatever for the story
(which is not given the character of any
mans name. The Iowa volunteers are
Inot going into any such foolishness.
Mai j. A. Olmstead, t. S. A, retired,
lis still serving as the representative of
the war department in Iowa, acting as
assistant Inspector general of the Iowa
4 National Guard. pending action by con-
sress permitting the war department 70
detail retired army officers for active
duty at full pay in this service. Al
i present these officers may only be de-
tailed for active duty as instructors in
lcolleses. and Mai. Oimstead has several
offers OF such service. He prefers To stay
in Iowa, however, and help to straight
len out the thousands of little details
and complications growing out Of the
war with Spain. Things are coming up
every day that he alone can answer.
Ihaving been the officer in charge Of the
mustering-in and most of the muster
ing-out. He draws from the state OF
Iowa the nlunihcent salary of $40 a
month,
1t is a matter of considerable doubt
| whether or not the men of the Fifty
| 1t all depends upon whether or not they
board ship. Ii all lies with the regi-
lment. If they cared enough about get
ting home and voting to make this ef-
fort they Will arrive in time: but if they
concluded it would be more agreeable to
stay in San Francisco while this is be-
ing done. that is What they Will do.
A good story about Maj Edwin H
lConger, United States minister to
China. formerly minister to Brazil, has
gust leaked out When Maj Conger
first went to Brazil as minister, during
President Harrison's administration, he
caled upon the Brazilian minister td
the United States then visiting at home
| in Rio de Janeiro. AS his guest arose
TO go, the bfaHlildn minister said.
Now | want you to meet my wife,
Maj. Conger prepared to meet a
stately Brazilian dame and began to
turbish up his small stock OF conversa-
tional Portuguese.
] Madame Mendoza was stately lady.
but the first thing she said was:
Are you Ed Conger?'
Yes. madame
Don't you remember 1 was al a we'd
ding With you in Galesburg, H., when
! l was a girl?'
The major had no need of Portuguese
and concluded that the American girl
was everywhere.
| Mr.. Bryan is going ahead with his
meetings in Iowa today, in disregard of
the bad state of his health and of the
warnings of his physicians and friends.
The determination of the man to talk
himself into the white house is some
thing unparalleled and his industry of
jaw and body might win success in any
other line. He was in town last night
consulting with the democratic mana
gers, Gen. Weaver and one or two 9th
lers Of the elect: but he had nothing to