The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-07-06
THE GUARD CONTROVERSY
AND slMoNs' OPINION.

fE. 4QRHQ .SON NV Gp0N
AND slMoNs' OPINION.
The opinion OF the attorney general. /
incorporated IN Order No. from the
adjutant generals Office. and published
in the Leader Of July I. does NOT in the
slightest degree touch the subject in
controversy between the adjutant gen
ersi ana the ofricers Of the National
Guard.
Tha, law was enacted in 1895, and
no adjutant general before General
Burlingame ever construed It to give
that os Ger authority TO depart, at his
whim. in anyway from the established
army regulations aud the code Of the
territory and issue orders purporting
to come from the commander-in-chief
direct td companies and other detach.
ments OF the First Regiment. thus ig-
noring the regimental commander,
whoever he may be.
The duties OF the adjutant general
as defined in the section OF the law
referred to by the attorney general Is
almost word for word identical with
the military code OF many Of the
states, and in none Of these was It ever
assumed By that officer that he could
.elminate the commander Of the Ma
tional Guard and issue general and
special orders affecting the line direct
iy to subordinate officer or company
commander. AS said recently by the
Leader Il is all important that the regi-
mental commander should know at all
times the exact whereabouts and con-
dition Of every arm OF his command.
and this he can not know when orders
are issued from headquarters directly
to his subordinate commanders without
going through the recognized military
channels. The attorney general in the
opinion referred to. as already raid,
does not touch the issue between the
adjutant general and the regimental
officers, for as we understand IL, the
rights OF the adjutant general as stated
in that opinion, were never called into
question. All the powers authorized
by chapter IS, section 2 OF the code
are fully conceded by every intelligent
OFFICER OF the National Guard to the
adjutspt general, but these powers are
set forth IN plain and unmistakable
language. and nowhere gives him au
thority to ignore in the issuance of or
ders the regular channels established
by army regulations The language oi
the code--that he shall have supervis
ion over the military organizations Of
the territory and their equipment. does
not authorize such a departure. The
very language employed by the code
shows TOO plainly for controversy thai
without Che authority OF the governor
he is pawerless % Issue any order II
anywise Affecting the military move
ments OF the National Guard for ever,
order signed by him to be effectiv'
must contain the super--by direction
Of. OF by order Of. the governor, o
commanderin-ch'ef The governor ma,
issue orders Affecting the Nationa
Guard, within the prescribed army res
ulations. without the saiutant general
cooperation, bui the adintant genera
has no power TO issue orders affectinl
] military movements OF his own vol
J ton They must bear the badge O
! superior authority TO be effective witt
e the line oncers. Notwithstanding b
I may be Of superior rank.
, That the oommGnderln-chief ma,
? through bis adjutant general. issue al
9 bitrary and often obno1ious orders an
o compel their enforcement. is fully COZ
4 ceded, for his powers are large. but IN
o propriety Of such orders ia entirely 81
'. other thing II the adjutant generu
q win carefully read she UAited state
e army regulations he will there and tha
ie courtesy among military officers
prominently enjoined. without whic
discipline would BE- a farce.
II should be borne in mind thu
% while the adiutant general Is OF sSps
Tor rank 10 the regimeHtal commando
e he is rot the commander OF the res
n menI. nor could he assume such col
p mand At his own discretion. occas {
le might arise when such conditi<
p. would require il temporarily, but ey'
o then il would take special order
q superior military authority 10 put hi
q there. even fcr an hoar