The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-08-08
MILITIA MATTERS.
Powers Of the Commander in Chief
to Remove Officers Of Militia.

to Remove Officers Of Militia.
Editor Leader: In response to sew.
eral letters OF inquiry in regard o the
power of the commander in chief to
appoint and remove officers Of the Ter
ritorial National Guard at will, beg
the use of the columns of the Leader
10 say no such power exists under the
Military Code. He or any other Of
fcer entitled to a stan may appoint
and remove the same at pleasure, but
as to the officers of he line no such
power is given by the Code
The act OF 1895 was prepared and
submitted to the legislative assembly
by myself. and the original bill when
submitted contained an express sec
tioa that the company officers should
be elected by the enlisted men. and
the field or regimental officers by the
company officers, hu through some
sort OF hocus pocus unknown to me
when the bill passed and went to the
governor for approval the section was
not in It, Not only this bu. several,
at least these important provisions of
the bill which | had prepared with
much care. and study 10 meet the ex-
listing conditions were so manipulated
and changed by the smart Alecks of
that legislature as to render them
ridiculous or meaningless while 9th
ers we're omitted after having passed
to the third reading; notably among
the former Is section "a as It now
stands, wherein the general assembly
or some one for it, struck out the
word "shalI' and inserted in lieu
thereof the words is hereby author
lied to. making the section ludiUrous
in the fact Of comforting power upon
rs successors to do something which
they would have the inherent right to
do without other authority than the
organic act
Sec ion 13 of the Military Code
states plainly what commissioned Of
lcers the commander in chief and 9th
er ohicars entitled to a stan may APP
point and remove at will. It says,
THE commander in chief and o.her
OFFICERS entitled to a staff may appoint
and remove the same at pleasure"
II the Territorial Military Code in
tended to enlarge the power Of the
comnaader in chief to appointment
and removal at pleasure of the com
pany and regimental officefs, why
did il expressly limit this power 20
STAFF officers? It IS ridiculous to make
such a conteation.
II anything stronger is required 10
sustain his position, read section Is
which clearly and mequiyocally pro
ftides how Officers, other than those
OF the stan, may be retired from the
service. II says: Commissioned OF
hears Of the National Guard may be
discharged by order OF the command
er in chief either upon
First Tender OF resignation
Second Disarmament of The organ
ization Of which he is a member.
/ Third--Address Of the Territorial,
council.
/ Fourth-Sentence Of ourt martial.
Therefore It will be seen hat under
this section the power IS not given to
the commander IN chief to remove
commissioned officers Of the National
Guard at his pleasure, nor is the pow
er conferred upon him, even by in
ference. appoint such Officers,
"aen the First Regiment was or
ganized, /. as admtant general, issued
general orders No convenine the
company commissioned Officers in this
city Dec 2i, 1895. for the purpose Of
electiag the reglmental Officers, whose
commissions wsra duly issued to
them. upon the result os that election.
and the First Regiment OF the Nation
al Guard was organized In this city
on that day. and no question was
ever raised by anyone that the pro