Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-07
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| Guard Holds | Meeting lI| (.
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= - =. THE NEW OFFICERS * =
= Presldent-capt. Angus Frazer q
= Of Fargo. w., p '..: < & = Il
= First Vice President-capt. J. =
= NJ. HanIeyIo Mandan. '.~;t7 17&%*
= Second Vice President-capt. =
| = H.. r. Murphy Of Bismarck. ( - a
+ Secretary-sergt. II. z. Mitch q
| = ell Of Minot. II, . d. ''' - = Z, =
= Treasurer-corporal Baird Of =
+ Dickinson. 49, =
= Meeting, 1e1o-Diekinson. 4
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Leaving the appointment of the adju-
tant general for the national guard Of
North Dakota to the officers of the
state militia instead of to the governor,
under the present law, the guard asso-
| citation at its meeting held at Mandan
| Wednesday, so amended the proposed
military code, as recommended by the
legislative committee of the association.
A resolution asking the legislature for
an appropriation of IS, 900 to be used in
improving the state military reservation
at Devils Lake was also adopted.
! The meeting at Mandan was the larg-
est attended since the organization Of
the state guard. The only question at
issue was over the adoption of the pro-
posed military code. Several members,
including Major - Frame of Grafton,
| favored leaving the selection of the ad-
jutant general to the discretion of the
governor. Strong opposition, however,
was developed against that proposition,
| and when the adoption of the recon-
! mendation of the committee on the mill
tary code came to vote the association
decided that the officers of the guard
should determine who should be the
adjutant general.
A resolution indorsing the admins
tration of the present adjutart general,
T. H. Poole, was presented and unan-
imous1y adopted. ri
The members of the state militia be-
lieve that they should have a voice in
the matter Of the selection of the ad-
jutant general. Several days before the
meeting of the guard association Cover
nor Burke had announced that he
would appoint Col. A. P. Peake of Val
ley City. as the next adjutant general,
whose term would commence today.
The proceedings of this last associa-
ton meeting resents the action Of the
governor in not granting the request of
the guard to retain the present incum-
bent. II .
General Poole's term expires today,
but it is stated that should the governor
appoint Poole's successor the present in
culnbent will not give up his. Office until
the supreme court passes upon Section
1920 of the revised code of 1905, also
prescribed by the constitution of the
state, which holds that no commissioned
officer of the guard shall be removed
except as a result of verdict of court
t;:artial proceedings.
= Governor Burke's stand in the matter,
however, lies in the provisions of sec
tions 1921 and 1922 of the code, which
state that the tenure of Office of certain
commissioned officers of the guard shall
only be for two years. :. Nv. -
Upon the! decision of the supreme
court rests the fate OF. Adjutant General
Poole, who has retained able legal coun-
sci, in his attempt to retain his posi-
ton. Attorney General Miller will rep
resent the state before the supreme
seurt. ..94 ,5s5% s%> %5.|. 49,. +
.# Major Paul Gorder of Devils Lake,
chief Of the engineering and ordnance
department of the state militia, has.
been retired by order Of the, governor.
Major Gorder will also resist this ac-
ton Of the chief executive, and has in
formed the governor that he refuses to |
forfeit his commission until section |
1870 has been tested by the supreme
court. It IS expected that the case Of
General Poole, however, will be de-
first BY the highest court Of
the state, but the courts opinion will
determine both cases. I. !. \: ~. -,