Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-31

| right under the law to initiate an appoint
| ment in the National Guard of the Dis
| trict of Columbia. save in the case of the
commanding general and the officers VINO
constitute the brigade staff.
"The grant of discretionary authority &c.
Il arrange or to organize expressly
Vested in the commanding general, and the
Merry general character of the language EN-
Hoyed, restrictive words are used,
Would seem to vest in the commanding
general very broad discretion in the mat
TER of organization, or arrangement, OF the
SIenty-eight companies of infantry into
regiments and battaiions: and in the ap-
sence of negative restrictive words,
would seem to authorize that officer to
disband or derange organizations composed
of more than one company, as an lhcldent
of his power to arrange or organize. Inc
! expediency or propriety of the action or the
| commanding general in this regard VIII be
discussed later.
I'm this view of the case section "a would
become effective from the date of disband-
ment of a particular organization. and
| would entitle such supernumerary officers
as belonged to the disbanded organization
to honorable discharge. That is. the
order of disbandment of regiment would
operate to vacate the offices of the colonel,
lieutenant colonel, and the regimental stan
offices; and these officers would thereupon
become entitled to honorable discharges in
evidence of the manner in which their sep
aration from The military service was
complished; and the discharges so issued
would set forth the date and method in
which such separation was effected
Il find that in the exercise of the discre-
ton which is vested in the commanding
general. Maj. Frederick T. Wilson of the
| Sd Separate Battalion of Infantry. who had
been made supernumerary by the CONSOLE
dation of that battalion with another. was
discharged May IL. 1897. A copy of this
action was furnished to the adjutant gen
eral of the army on the same day and the
hV ha a. he
notice of such action without comment
must. 1 think be regarded as tacit APP
prevail of. or acquiescence in, the disband-
ment which made Major Wilson's discharge
necessary.
Commanding Officer Competent.
Having regard to the independence of
public officer in the exercise of a discretion
vested In him by statute. IT would seem to
have been competent for the commanding
general of the District militia to have made
such a Encouragement Of organizations as is
Indicated in the inclosed order (the order for
the disarmament Of the LIST Regiment).
When the regimental organization of the
list Regiment Of infantry was broken up
the reg:mental officers became supernumer-
airy to the legal establishment of active
militia in the District of Columbia, and as
no supernumerary officers are provided for
by law, it became necessary, in the opera
ton of section "a of the act of March /.
1889, to issue honorable discharge to
the disbanded officers. setting forth the
manner in which their separation from
the service had been accomplished.
Although the statute is silent to the
authority by whom the discharges. which
are provided for in section p, shall be sign
ed, it is believed that, as the commissions
of all officers signed by the President.
the discharge issued in this case should re-
ceive the approval of the Secretary of War.
Such course was pursued in 1883 when
the 9th Battalion of Infantry was diSband-
ed. That action was taken before the en-
actment of the present Legislation in re-
spect to the militia of the District of CO.
lumbia, but the statutory grant of power
to the President in the act of 1903, which
has been already referred to, correspondent
very closely to that vested in the COM
handing general of the District militia by
the act OF March 1, 1889 1t is therefore
recommended that the action of the COM
mandfng general be sanctioned by the Sec
rotary of War"
Approved by Acting Secretary.
Acting upon this opinion, Assistant Sec
rotary Oliver. who was acting secretary Of
war IN the absence of the Secretary ap-
proved the action of Gen. Harries in hon
orably dischargng Col. May, Lieut.. Col.
Ross and Chaplain Myer of the 1st Regi-
| ment of Infantry. because of the disbanding
of the organization named.
In a memorandum to Secretary Taft In
regard to the case Assistant Secretary OIL
yer said:
The action of the commanding general
District of Columbia militia, in honorably
discharging the colonel, lieutenant colonel
and chaplain Of the 1st Regiment, D. c. NJ
G., on account of the disarmament of the
organization Is approved by me this date
under the jurisdiction conferred upon the
assistant secretary of war by paragraph
I, militia. page 2. War Department orders,
December 80, 1903, governing distribution
Of War Department business. However, as
the Secretary of War, in said orders, re-
serves for his final action matters of spe-
cial or extraordinary Importance arising
under the jurisdiction of the assistant
secretary, his action hereon Is submitted for
the information and consideration of the
Secretary of War before being published"
Secretary Taft had conference with AS
sistant Secretary Oliver on the subject this
morning and confirmed the action of the
latter as being fully within his jurisdiction
under the War Department orders of De-
cember 80, 1903
Statement by Secretary Taft
Secretary Taft made the following in
Secretary Oliver:
Il shall not interfere with the action of
the assistant secretary in this matter 1t is
peculiarly within his jurisdiction and would
only double the work of the Secretary If
the acts of the assistant secretary iii the
branches assigned to him are not to be re-
garded as final"
GAMES POSTPONED.