Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-23

~ ECAUSE of marked inefficiency
and underenlistment the general
officers of the National Guard
are seriously considering either
the disbanding of two companies
| of the 1st Battalion, list Infantry. or their
consolidation with some other bodies
Inspector General Leroy W. Heron,
National Guard District of Columbia, has
been ordered to make an inspection of
the battalion at the Center Market Ar
mory next Wednesday night. and make
| report whether it is advisable to disband
or consolidate any companies of said bat
talon in compliance with section H. gen.
eral order No. 5.
The section referred to reads THAT
when any company Of the National Guard
shall for a period of not less than ninety
days contain less than the minimum num-
Der of enlisted men prescribed by this
act. or upon duly ordered inspection
shall be found to have fallen below
proper standard of efficiency, the COM
handing general shall either disband such
company or consolidate it with any other
company of the National Guard. and
grant an honorable discharge to the SUI
pernumerary officers and non-commis-
stoned officers produced by such CONSOLE
dalton. Officers and enlisted men dis
charged by reason Of such disbanding or
consolidation, and at any time thereafter
.re-entering the service, shall have allowed
to them as part of their term of service
the time already served
The order for inspection is directed at
Companies G and G. the commanding
officers of both companies having been
disciplined by orders issued last week
Capt. Michael j. Ryan of Company { has
been relieved OF his command until fur
ther orders from headquarters He has
tn NJ hot nlio,,
commander each drill night for such duty
as may be assigned to him.
Capt. j. Harry Bean. Company G. 1st
Infantry, has been directed TO turn over
all public property for which he is re-
sponsiAle to First Lieut.. Norris p Walsh,
lst Infantry, who is directed to receipt
for same.
According TO an opinion recently handed
down by the judge advocate general Of
the army, the War Department may re-
fuse payment to officers or enlisted men
of the National Guard for strike duty or
summer encampments and maneuvers
when such men are under eighteen years
of age, or have entered the ORGANIZATION
when more than forty-five years old In
the opinion, the judge advocate general
says:
Liability to service in the constitutional
militia is regulated by the following
enactment:
The militia shall consist of every
| able bodied male citizen of the respective
states and territories and the District of
Columbia. and every able-bodied male Of
foreign birth who has declared his inten-
ton to become a citizen, who is more
than eighteen and less than forty-fve
wears of age. and shall be divided into
two classes: The organized militia to be
known as the National Guard OF the state
q or sf-iT Of Vol, III -.
such other designations as NAV be
given them by the laws Of the respect
i've states or territories: the remainder
to be known as the reserve militia
Sec. |. Militia Law (35 Stat, L., 399)
Where, therefore, a regiment or
other command of the organized militia
enters a state camp Of instruction or
participates in joint maneuvers Of the
regular army and organized militia
which are provided for in the annual
acts of appreciation for the support OF
the military establishment, it would
seem to be entirely competent for the
War Department to describe classes of
disabled persons to whom payment
ing to the state in the operation of sec
ton 1861 of the Revised Statutes, or
out OF funds provided by Congress to
defray the expenses of detachments Of
the organized militia. which, in pur-
suance to the invitation of the depart
ment take part in joint camps of in
struction and maneuver.
Persons belonging to the classes
named may continue to hold the offices
which have been vested in them in the
operation Of the proper appointing
power of the states in whose militia
they serve. but il is competent for the
department to say that payments to
such persons shall not be made out of
funds appropriated by Congress. or
accruing to the states in the operation
of section 1861 Of the Revised Statutes,
as amended
Maj. Lloyd NJ Brett, LIST United States