The Fargo forum and daily republican., 1909-03-29
GRAFTON JUGGLED
OUT OF PROMOTION
HAS A REIGN or PERSONA FA-
voRITIsM BEEN lNAuGURATED
IN THE NATIONAL euARD2-
STATE LAW HAS APPARENTLY
BEEN VIOLATED.

Announcement has been made from
the general headquarters OF the North
Dakota national guard, Adjutant Gen.
eraPs office, that Capt. c. F. Mudgett,
regimental adjutant, has been pro-
NOTED to the position of major, to fll
the vacancy caused by the promotion
of Major John Fl. Frame to the posi-
ton of lieutenant colonel" said an old
national guard man to The Forum to-
day. Some OF the officers OF the
guard" he continued, anticipating
that change might be made in the
position of adjutant general. and that
Colonel Peake might be appointed to
that position. which would result I'm
several promotions in the higher
grades Of the guard, examined the
military code as to the determination
OF rank in order TO ascertain who
would succeed to the positions made
vacant by different promotions.
Section 1746 reads as follows:
"'Sec. 1746. Rank determined by
date Of election or appointment The
respective rank Of all officers shall
be determined by the date of their
election or appointment and the
length OF time of service in the North
Dakota national guard as a commits
stoned officer of such rank; provided.
that, In case Of reelection or reap
pointment, his rank shall be deter
mined by the date Of the first commits
SION
''It had, prior to this time, been sup
posed that the rank of commissioned
officers of the national guard was de-
termined simply by the date of the
commission they were then holding,
or, In case they were reappointed or
reelected, Immediately upon the ex-
piration of the term they were then
serving, the rank should be deter
mined by the date of the first COM
mission. The above section was re-
ferred to Adjutant General Poole for
his Interpretation, and 1t is under
stood that he held and so advised the
officers making such enquiries that 1t
was his opinion that where an officer
had served as a commissioned officer
in the position of a captain or any
other particular grade and should re-
sign and at some subsequent time re-
enter the guard by election or ap-
pointment i'm the same grade as that
held by him when he resigned that in
determining his rank the length OF
time of his first service in the guard
as such commissioned officer should
be added to the time of service under
his second commission In the same
grade as that held prior to his resig-
nation. In case Of an officer who had
no previous service in the same grade
that his rank should be determined
from the date Of his commission. The
officers who consulted General Poole
on this subject further say that the
matter was referred to Col. 5. L.
Nuchols, Judge advocate and inspector
general. for his Interpretation and he
held that the determination of rank
should be decided by the date of COM
mission held in any particular grade,
This was in a written opinion and "~as
an Interpretation of the last part of
the section and that verbal opinion he
coincided with General Poole's views
in the matter the length OF time of
service in the North Dakota national
guard as a commissioned officer In
any particular rank should be added
to the officers present service in case
he was holding commission the same
as that of his prior rank.
ut would seem in reading this sec
ton that it's meaning is very plain
and that it does not take a lawyer to
construe 1t properly yet for some in
explicable reason Cap. G. F. Mudgett
was advanced In rank to the position
, of Major Of the regiment over the
rightful officer entitled to promotion
Cap. G. c. Grafton of Co. Il. Captain
Grafton served as captaian OF Co. E
for several years prior to the Spanish
American war; but. on account oi
business matters was forced to resign
the captaincy. When Athe Spanish
/, American war broke out Captain
, Grafton Enlisted in the North Dakota
, volunteers as an enlisted man and
? served through the war in that capa-
city. After the volunteers were mus
tered out. and after the promotion oi
Captain Keye to major, Captain Graf
ton was again elected captain oi
Co. B and has served in that capacity
ever since. Captain Mudgett was
|, elected captain of Co. @, about the
time of the breaking out of the wal
with Spain and has held captaincJ
in the guard ever since. While Cap
/, tain Mudgett's continuous service al
captain has been longer than Captain
, Grafton's service under his last com.
mission as captain, yet, the latter
: officers adding prior service as a cap.
tian which the law provides for, Il
= his present service, his total ser
vice as a captain exceeds tina
; of Captain Mudgett, and 1t Il
hard to understand by the officers ant
). men of the national guard why 1t wa
that so faithful, efficient and exem
plary and accomplishing an office
= should be thus defrauded out of
rightful promotion. This matter vii
!, be thoroughly ventilated in the guar
!. and the time may come when some on
n may be called upon to answer for thi
]: blunder, putting It In the most charit
/. able way"
4 1909 Session Laws.
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