Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-08
TO ACT AS SECRETARY
AUTHORITY CONFERRED ON THE
CHIEF OF STAFF.
Opinion Rendered by Judge Advocate
General Davis-Action Of
the President

Secretary Taft before his departure for
the Philippines arranged with the Presi-
dent to guard against the possibility Of an
interregnum In the administration Of the
affairs of the War Department. such as
might result from the enforced absence
from Washington or the temporary dis
ability by Illness or otherwise OF General
OLIVE, assistant secretary Of war This
arrangement involves the executive desig-
nation of the chief of staff of the army. or
In his absence. the assistant chief of staff.
as acting secretary of war in the absence
of the Secretary and the assistant secre-
tary of war
There having been some doubt as to
whether the chief of staff was eligible for
designation as acting secretary of war
within the meaning of the act OF August
s. 1882, giving the President authority to
designate ''the head of military bureau
of the War Department to perform such
duties, the question was submitted to Cen
eral Davis. the judge advocate general OF
the army, for an opinion.
Opinion of Gen. Davis.
Gen. Davis studied the matter with care
and thoroughness and has made a long
opinion on the subject. In general terms
he found that the army regulations do not
in express terms provide that the duties of
the chief of staff shall be performed at the
seat of government, but that both statutes
and regulations, by vesting in him a power
to supervise the operations of the several
military staff departments. by the strongest
implication fixed the seat of his activity in
the War Department as the only place
where the supervisory powers vested in him
by law can be properly exercised.
Gen. Davis holds also. in view of the au-
thority under which the military bureaus
have been established and having regard to
the supervisory powers over such bureaus
which are vested by statute in the chief of
staff, that it is clearly within the power of
the President to give to that Office the legal
character of military bureau of the War
Department. if, indeed, that character has
not already been conferred by army regu-
lat:onS.
only the senior officer in military rank. but
is charged by law with the supervision of
the operations of the various military de-
partments, and in the opinion of the author
tiles it would be an anoma lous state of af-
fairs If one of his Suborinates and not he
could be designated to act as Secretary of
War. Before the establishment of the gen.
eral staff the lieutenant general command
ing the army-Generals Schofield and Miles
frequently acted as secretary Of war.
Authorized by the President.
Acting under the opinion of the Judge ad-
vocate general the President has issued the
following executive order:
I'm accordance with the provisions of sec
ton 179 of the Revised Statutes, as amend
ed by an act making appropriations for the
legislative. executive and judicial expenses
of the government. approved August ), 1882
CD Stats, 23S), Lieutenant General Adna R.
Chaffee chief of staff, is authorized and d.
rected to perform the duties of Secretary
OF War during the illness temporary alb
Sence from the seat of government Of the
Secretary of War, whenever during such i'll
ness or absence the assistant secretary of
war Is also absent; and in accordance with
the same provisions, Major General John c.
Bates. assistant chief of staff Is author
lied and directed to perform the duties of
Secretary of War whenever during such ILL.,
ness or absence the assistant secretary OF
war and the chief of staff are also absent
be -.-.as THEODORE ROOSEVELT"