Evening star., 1909-04-11
AFFECTS THE DISTRICT MILITIA
RTRACEWELL. GIVES
DECISION AS TO PAY.
Holds That Band and Field Are
Entitled to Compensation for
Services March 4.

In decision rendered by Controller
Tracewell of the Treasury to Maj. Will
liam S. Hodges, acting paymaster, Dis
trict of Columbia militia, 1t is hell
that the Brigade Band and Corps of
Field Music. N.G.D.C., are entitled to
pay for services Marcha4. Mai. Hodges.
In a communication to the controller
stated that there were doubts about pay
ing the organizations mentioned because
of the act approved February IS, 1909,
providing for the reorganization of the
District militia.
1T is submitted" Mai. Hodges stated,
that said act was never intended by
its trainers to abrogate the organized
militia as 1t existed at the date of pass
age of the act. but merely intended to
provide for greater efficiency in the or
ganization by enabling it to conform to
the organization of the regular army, as
required by the act Of January 21. 1903,
as amended. There is some question,
however as to whether the old organi-
zation retains it's former status until
the President has acted in accordance
with the provisions of section IL of the
act of February Is. 1909.
Calls for Decision.
IF the status remains unchanged there
can be no doubt as to the propriety Of
making payments on the rolls submitted.
On the other hand, If the status Of the
organization is changed there is a good
reason to question my right to make any
such pigment Inasmuch as all vouch-
ers submitted for payment since the
passage Of the act in question are being
held up pending a decision on this point,
l take the liberty of requesting an early
decision further that. a
ruling be made establishing definitely
what appropriations. if any, are affected
by the passage of said act"
Answering the inquiries. the controller
says:
.'The specific question presented by you
is whether the effect of the above act
Of February Is, 1909, Is to abrogate or
abolish the organized militia of the Dis
trict Of Columbia as it existed at the
time of the passage of said act. /
gather from your communication that
the militia had not been organized in
accordance with said act of February
IS, 1909, at the time Of the parade March
4, 1909.
Entitled to Be Paid.
"The general rule Of construction of
an act changing an existing organization
which of necessity requires time to
carry the changes into effect is that it
does not change the status Or rights of
individuals until it is put in operation.
Laws of this character contemplate the
lapse Of a reasonable time for their
execution. and during such time the
status of the individuals concerned in
the old organization remains the same
II am Of opinion that the members
Of the brigade and field bands who par
ticipated in the parade of March 4. 1909.
under the orders of the commanding
general Of the militia, therefor, are en-
titled to be paid under the laws as they
existed at and prior to the passage Of
the act Of February Is, 1903. supra.
with reference to your second ques-
ton, which is general in character, for
ruling which may establish definitely
what appropriations. If any. are affected
by the passage Of the above act Of Feb
ruary IS. 1909. 1 will say that I cannot
undertake to answer SO general a QueS-
ton upon your request therefor"