New-York tribune., 1903-06-14
MILITIA FOR SANGER.
ROOT HAD NOT THE TINE.
Many Problems To Be SolUed-
Opinion of Judge 4doocote General.

Washington. June 13.-Assistant Secretary Sanger
have general charge hereafter OF all matters
which come before the War Department under the
provisions OF the national militia law. and bet
ter selection could have been made for the benefit
of Tailitiannen. who beginning complain that
Secretary Root could not set the time give sufa-
cient interest 10 questions arising from the new
law. There numerous questions pending, the
settlement of which is regarded by national militia
people as OF the utmost importance, and one Of
shese has been the distribution Of some four mill
tens Of dollars. which is available for allotment
National Guard commands under various acts OF
Congress and by virtue of unexpended balances to
the credit Of National Guard organizations. About
one-quarter &C this amount has been Professionally
allotted mainly TO cover the initial expenses of
subsistence. transportation and other expenses
connected with the summer encampments.
Another question which must soon be determined
IS that OF selecting twenty army officers as
Instructors of the national militia. Authorization
a. the detail Of officers for this purpose does not
supply all the commands with the necessary in
st-uctors and # is somewhat delicate question
70 determine which State shall be entitled TO the
e-atuitous service Of the experts. Mr.. Root has
had many important and intricate departmental
matters TO consider especially those affecting the
General STAFF and the Philippines that he has not
beeu able TO take up Of the questions sub
Trirted 10 him by representatives ot the militia
aad the assignment cf Mr.. Sanger TO this task will
lead TO the sympathetic disposition Of many Of
these matters
The most important Is the determination OF the
policy which shall szndicate the attitude of the
ar Department, or President. toward the militia
commands. Il seems be feared by of the
National GuarGsmen. especially those of the South
that the control and command OF the militia passes
Of the hands Of the State authorities. In this
connection the following opinion has been given By
The judge advocate general:
Until called into the actual service Of the United
States by the President. under the authority con-
5erred by the Act OF January u, 1905 the militia
constitute q State force: they are raised IN puf-
susnce OF State laws, they are governed and con-
Irolled by State regulations and act under the
orders Of their respective governors and OF the on-
appointed them in pursuance OF such
laws and regulations. While participating IN the
which provided for in Section -. they do not
lass under the control of the general govern
InenL and officers of the army who exercising
military commands by assignment Of the President
are prohibited from assuming command or control
over oTganiza tons of the National Guard by the
requirement Of Article Of the Constitution. which
expressly reserves TO the States respectively the
appointment Of the officers and the authority of
training the militia under the discipline prescribed
by Congress.
Fer the same reason officers of the National
Guard inhibited from exercising command in
the military forces Of the United States IN CO
operation with which they participate in manoeu-
for purposes OF instruction. and such exercise
sfressly prohibited IN the proVlso OF section l9
which contains the requirement that:
The command Of such military post or camp and
officers troops OF the United States there
stationed shall remain with the regular commander
Cf the post without regard to the rank OF the
1'orariy so encamQed within its limits or in its
vicinity