Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-05

by the National Guard Of the District is
stated in the following letter written by
Lieutenant Colonel Parker. assistant ad-
jutant general, to the commanding general
of the District of Columbia militia
II have the honor to acknowledge the
receipt of your letter, inclosing requisi-
ton for penalty envelopes Tor the use of
the National Guard of the District of Co
lumba to the number Of 1000 Of specified
sizes and description, and to inform you
that the same having been referred to the
judge advocate general of the army, has
been returned with the following opinion:
1.-The act of July s, 1884, extends the
privilege of using penalty envelopes to all
officers of the United States government,
not including members of Congress, and
authorizes such officers to inclose penalty
envelopes with return addresses TO any per
son or persons from or through official IN
formation is desired, the same to be used
only to cover such official information and
Endorsements relating thereto. OF course,
this is to be understood in connection with
other laws on the subject, to cover only
letters, packages or other matters relating
exclusively to the business of the govern
ment'
Officers Of the United States:
1T the officers Of the District militia
are officers of the United States, and If
official matters relating to the said militia
are matters relating exclusively to the
business of the government, within the
nc aiming of these laws, see no objection
to the use of the penalty envelopes for the
business of said militia. The organization
OF the District militia is prescribed by act
of Congress, approved March 1, 1889, and
it is exclusively under the control OF the
national government The President COM
missions all it's officers and Is its com
mander- in-chief. The District of Columbia
is not a sovereignty, nor is the militia OF
the District placed Under the control OF
the District government; and It's oesigna-
TIT 10 iC OH
cause of the fact that 1t is organized from
residents of the District
Having in view the nature of its or
ganization and the fact that 1T Is eXclu-
sly ely under control Of the President ana
Congress 1t is possible that 1t might be
held that its officers are officers OF the
United States, and that matters relating
to it are matters relating exclusively to the
business of the government within the
nee ming of the postal laws. However, these
are questions which the Secretary of War
Is without authority to decide, except to
the extent of determining whether or not
penalty envelopes shall be issued on requi-
sition therefor. Questions relating to their
use are for the consideration of the Post
Office Department in the execution of the
postal laws, and finally for the courts, in
prosecution instituted for violation of those
laws The decision of the Secretary of
War that proposed use of the envelopes
is lawful would not be binding in either
case, nor would 1t protect the officer of the
militia from the consequences of a violation
of those laws in cas-, the court should de-
eide that such decision is erroneous.
Envelopes May Be Issued.
ut is clear, however that penalty envel-
opes may be issued for making the returns
required by section II of the militia act of
January 81. 1903. and 1t would seem that
the disbursing officer, under section IA of
that act, would also be entitled to use PEN
atty envelopes inasmuch as 1t is expressly
provided therein that he shall be regarded
as disbursing officer of the United States.
recommend, therefore that penalty
envelopes be furnished without deciding the
questions as to the scope of the authority
for their use, leaving these. questions for the
consideration of the Post Office Depart
ment.'
1.-THE acting secretary of war, concurring
in this opinion, directs me to say that he
has forwarded your requisftion to the quar-
termaster general approved for issue, the
value thereof to be charged to the allotment
of the District Of Columbia under section
1861. Revised Statutes. AS to the Legality
of their use in correspondence with the War
Department and by the disbursing officers
under section II of the act of January 81,
1903, there seems to be no question, but that
all questions relating to their use for any
other purpose whatever are for the con-
sideration of the Post Office Department in
the execution of the postal laws and, final
ly, for the courts in prosecution that might
be instituted for violations of the law"
"Gunshot Wounds in War"
The officers of the District National Guard
have been invited to attend an illustrated
lecture on "Gunshot Wounds In War;" to
be delivered by Major Louis A. La Garde,
medical department, U. s. A. in the rifle
gallery, Center Market Armory. next Tues
day evening at o'clock. The lecture will
be given in lieu of the regular business
meeting of the District of Columbia branch
of the Society of the Army Of Santiago de
Cuba, of which many local National Guard
officers are members.
Rifle Practice and Matches.
The following schedule for gallery rifle
practice will be observed for the months of
January. February, March and April, 1904 |