The San Francisco call., 1899-09-13
SINGULAR CHANGE IN
NATIONAL GUARD LAW
NOVEL INTERPRETATION OF
THE WORD CONSECUTIVE"
To Be Out Ninety Days Is to Be Con-
sidered Faithful Consecutive
Service-Resignation Ac-
cepted.

General orders No. 8, issued a short time
since from superior headquarters, of
which the following Is an extract. have
been the subject of considerable comment
in National Guard circles:
Former members Of the National Guard who
tion of term of service or on account OF
removal and have returned TO the limits
of their commands. and officers who have re-
signed been honorably discharged or whose
terms have expired, who re-enlist or re-enter
the guard within ninety days of the date of
their discharge or the expiration of the term
of office will be given credit for continuous
service and the enlistment will be considered
consecutive
This is an amendment of paragraph 36G
of 1.-The Rules and Regulations" govern
ing the National Guard of this State.
Section 1941 of the Political Code says:
The commander in chief is authorized and
has power to establish and prescribe such
rules and regulations, forms and precedents
not inconsistent with the provisions of the
codes, he may deem proper for the use
government and instruction of the National
Guard, and to carry into full effect the pro-
visions of the codes relative thereto.
In section 1886 of the same code there
is:
All officers, non-commissioned officers and
privates who have faithfully served in the
military service of this State for the space
of seven consecutive years, and received the
certificate of the adjutant general certifring
the same are thereafter exempted from further
military and jury duty except in time of E--r.
According to the code it must appear
that there has been seven consecutive
years of faithful service before an officer
non-commissioned officer or a private can
obtain a certificate of exemption. All the
authorities agree as to the meaning of
the word consecutive" and the def1nt-
tions of that word are Following in
train, succeeding one another in regular
order successive, uninterrupted in course
or succession" The amendment places
new construction on the word by saying
IL daJr h fplO
period the individual is in no way con-
nected with the guard, is continuous ser
vice." providing, of course, that at any
time within those ninety days the honora-
bly, discharged individual shall re-enlist or
re-enter the guard.
l. is claimed that If there Is authority
can be extended to years. A man once dis
charged from the service of the State sew
ers his connection Herewith absolutely
and the force of this rs is recognized In gen.
"A man once discharged from the Ma
tional Guard can become a member again
only by enlistment or commission as pro-
V.ded by law"
Certain rewards or privileges are often
allowed in the United States army for re-
enlistment, but whatever they are is dis
tinctly stated in the law governing the ac-
ton. such as section 1880 of the Revised
Statutes of the United States, and other
sections, but there is nothing in the law
gCvel ming the National Guard of Califor-
clare that any honorably discharged sol
dier who has been out of the guard for
ninety days may on the last day of that
period re-enlist in or re-enter the guard
and be given credit for continuous service
from the date of his discharge.
The purpose of this change is not under
stood unless it is to give any individual
who feels so inclined, an opportunity to
serve two or three days after enlistment
remove" and be honorably discharged
and then at the end of ninety days re-en-
list, remove and continue re-enlisting
and removing" until he has served "sev-
en- consecutive years faithfully and
obtain his certificate of exemption with
out doing any military duty.
Brigadier- General Warfield has been
granted leave of absence for forty-five
days, with permission to absent himself
from the State
The new bids for new uniforms for the
guard will be opened on the 7th of Octo-
ber.
The resignation of Lieutenant w. G.
Bean of Company F of the Fifth Infantry
has been accepted.
An election has been called for in Com
pany f of the Fifth, vice First Lieutenant
H. w. Cobbledick, term expired.
Captain j. B. Dixon of c and Captain
V. j. B. Cheda of d, Fifth Infantry, have
qualified and their bonds accepted
Lieutenant-Colonel J. G. Geistlng has
gone East and Colonel Whitton of the
Fifth being the senior officer of the Sec
ond Brigade, is in command.