Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-31
DISARMAMENT of First Regi-
ment, N. G. D. G.
AT WAR DEPARTMENT
GENERAL HARRIES REPORT AND
COLONEL MAYS PROTEST.
Acted on by Secretary Taft and As
sistant Secretary Oliver-Thair
Conclusions.


1t was announced at the War Depart
ment today that Secretary Taft and As
sistant Secretary Oliver, the latter special
ly charged with supervision Of the militia
affairs of the department, had each sus-
tained the action of Brig. Gen. Harries,
commanding the District militia, in disband-
ing the LIST Regiment of the National Guard
of the District and honorably dischargng
Col. Henry May, Lieut.. Col. Burton 7.
Ross and Chaplain Walden Myer of that
regiment.
The matter came before the War Depart
ment in two ways-first in communica-
ton from Gen. Harries informing the de-
partment of his action and asking that it
be approved. and second in the form of
letter from Col. May to the President pro-
testing against Gen. Harries' action and
asking that 1t be set aside.
In his letter of protest Col. May said he
had never been informed that the efficiency
of the list Regiment was unsatisfactory.
and declared that the regiment is in a bet
ter state of discipline, better drilled and of
greater numerical strength Gar above the
minimum allowed by law than when he
took command. IF such a charge as inef
ficiency on the part of the LIST Regiment is
y
he says, ito emphatically deny such
charge. and I express the greatest conf
dence in the ability Of the regiment to dem
onstrate its efficiency most satisfactorily
at any time or place that it may be called
upon to do SO. Such a charge Is an unjust
reflection upon many of the best officers
and men of the National Guard of the Dis
triet of Columbia.
In closing his letter Col May said that
he lis constrained to believe that the gen.
eral commanding has made general order
No. the means of an attempt to effect my
honorable discharge in violation of the law
and has suffered an entire regiment to SUBJ
NIT to the disorder and Inconvenience in an
attempt to disband and Immediately reor-
ganiZe on the same military basis for no
other reason than to accomplish the re-
moval of the commanding officers, which in
a proper case might be accomplished in a
lawful way. Special attention Is respect
fully invited to the far-reaching and dam
gerous precedent furnished by general or
der No. If it is not revoked. as with equal
ease by a general order at his mere ca
price the general commanding can disband
the entire militia. the National Guard OF
the District of Columbia, which action can
not be prevented by the President or the
United States, Congress or the citizens of
the District of Columbia. For the
foregoing reasons 1 respectfully request
that so much of the general order NO. o
as relates to the 1st Regiment and my hon.
orable discharge from the National Guard
of the District of Columbia be revoked and
held to be of no force and effect"
Referred to Judge Advocate.
All the papers in the case were referred
to Gen. Davis, judge advocate general OF
the army. for an opinion on the various
legal questions involved. In his report,
just made, the judge advocate general
quotes the laws providing for the organi-
cation of the District militia and it's gov
eminent and says that the present organi-
cation of the District militia is regulated
by the act of March l, 1889.
mo organization is provided for the en-
rolled militia by act of March l, 1889, and
it is not subject to any duty except when
called into the service of the United States,
or to aid the civil authorities in the exc
cution of the laws or suppression of riots
1t may, therefore, be dismissed from fur
Their consideration"
for the active militia, which "shall be COM
posed of volunteers and shall be designated
the National Guard of the District of Co
lumbia," and says that the organization
Of the active militia Is made the subject
Of statutory regulation by the requirement
that 'In time of peace the National Guard
shall consist Of not more than twenty
eight companies of infantry. which shall
be arranged by the commanding general
into such regiments battalions and unat-
tached companies as he may deem expedi-
ent, ETC.
after vesting in the commanding gen.
eral," continues the judge advocate general,
"a very considerable authority to arrange
the twenty-eight companies of infantry Of
which the National Guard is composed into
regiments, battalions and unattached COM
panieS, appropriate regimental, battalion
and company organizations are prescribed
in sections II to II. and the appointing
power as to regimental and company Of
ficers which is somewhat composite In
character, Is made the subject of regulation
in sections 10 to %, Inclusive; In which
1t is provided that field officers of the line
-l~n k4Iy xI4 IT,
general and that captains and lieutenants
of companies shall be elected by the
written votes of the enlisted men Of the
respective companies With view to de-
mated or elected he is required to appear
before board of examination, and II
found to be qualified. that fact Is duly GER
titled to the commanding general. who
shall thereupon recommend him to the
President for commission and all officers
whether nominated or elected, are required
to be commissioned by the President of
the United States.
Appointed by President,
The commanding general himself and
the officers of the brigade staff are an
pointed by the President, and are removable
by him at any time. The regimentaI and
battalion staff are nominated by their i'm
mediate commanders, but are commissioned
IN the same manner and by the same au-
thor1ty as officers of the line The act Of
March 1. 1889, while providing In consider
able detail for the exercise of the appoint
ing power in respect to the officers Of the
active militia. makes very incomplete and
inadequate provision for their removal The
act expressly provides that the command
ing general and the officers of the brigade
staff may be removed at any time by the
PRESIDENT but no specific tenure of office
Is created by the statute: and no provision
is made for the removal from office of a
reg1mental, battalion or company officer
This is a significant omission, as the act of
March 3, 1903, had vested in the President
the authority to organize the militia OF