Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-04-03

General Chaffee believes there are
some very good reasons why certain
officers who are DESTROYS of assign
| ment to active duty should receive
prompt notice that their applications
are not to be considered. In such in
stances a letter has been sent to the
officer most directly interested, stating
that owing to his advanced age and his
long separation from the service the
War department does not consider him
| entirely available.
The judge advocate general of the
army. in an approved opinion in regard
to the purchase of discharge by enlist
| ed men, says:
Establishments in the volunteer forces
which were authorized to be raised by
the acts of April %, 1898, and May II.
1898, were required to be made for
period of two years, unless sooner
terminated and those required by the
| act of March 2, 1899, We're required to
be discharged 'on or before July 1.
1901 1t was therefore impossible for
volunteer enlistment to be made for
the three-year period, which is the
kind of enlistment to which G. o. 4S.
of 1904. exclusively applies. and it is
the opinion of this Office that in deter
mining the purchase price of dis
charge under the order only complete
enlistments of three years. increased
| or decreased by short periods in cases
| where soldiers We're held in the service.
can be considered in determining the
| original number of an enlistment"
Numerous inquiries have been made
to the War department in regard to
the proposed legislation for the pro-
motion of civil war veterans who
served but thirty years. 1t was under
stood at the previous session of con-
gress that during the session just
ended there would be legislation to
this effect, putting all Civil War vete-
| rams on the retired list on an equal
footing, and Senator Teller was I'M
derstoOd to be the head and front of
| this movement. The records show
that the question did not come up in
the house or senate at any time. and.
| moreover, that the military committees
Of neither house took up the question.
The War department made no special
effort to that end and, it may be add
ed is not likely to make an effort dur
ing the next session of congress.
Whatever is done will probably have
to be done by the same means as af-
feet the legislation Of benefit to other
Civil War veterans.
The War department may find it
necessary to send out special instruc-
| tons to department commanders in re-
gard to the record in the case Of those
| officers who Overstay their leave. This
| was the subject of a recent opinion
by the judge advocate general OF the
| army and approved by the secretary Of
war. There are instances where this
Overstaying of leave for a few days
| may be excused by competent authori-
ty; but it is required that such alb
! senteeism shall be properly recorded
| and report of the occurrence. or be-
| ing forwarded to Washington. shall
| contain a statement that the absence
was due to unavoidable causes. In
one case which came up before the
| military secretary this week it was
| found that the officer had been pre-
| vented from returning to his post be-
| cause of the delay in train which.
under ordinary conditions. should have
enabled him to report within the period
of his authorized absence. The adj
ditional day or two over that period
was recorded simply as excused"
The papers were returned to the de-
partment commander through military
channels for the benefit of everybody
concerned, with instructions that 1t
should be stated that the cause of de-
lay was unavoidable
| The judge advocate general of the
army has had before him a question
whether a soldier in the hands of the
civil authorities awaiting trial, whose
term of service expires. should be dis
charged. The decision is in the affirm
alive. The judge advocate general
says: 1T is well settled that there Is
no authority for the retention Of SOL
der in the military service to make
good the time lost in the hands of the
civil authorities. and, therefore, a man
SO situated is entitled to his discharge
when the time of his enlistment ex-
pres, and no advantage should accure