Omaha daily bee., 1910-03-31
USE OF cOvBRNMnNF PROPERTY
AdJutant General HartiEan Gives De-
partment Rulings,

|
partment Rulings,
From a staff Correspordent.)
= LINCOLN March 90A-(sSeeiaI )-Adju-
/ tant General Hartigan has given publicity
4 to the following excerpts from correspon-
dence he has had with the War depart
mont:
The adjutant general of a state has been
! informed that there is no authority OF law
for a state TO loan or issue for the. use OF
erty tAis issued to the state for the use 5 It's
| organized militia, nor is 1t known that there
| is any legislation pending which, II enacted
would authorize such action.
There Is no authority or law for the
issue OF standard rifles to individuals, or
| to educational institutions other than those
with which officers Of the army are on
duty as professors Of military science and
tactics.
In regard to charging the money value Of
property issued to the state, which has
been lost, destroyed, damaged, or become
unserviceable, against the allotment to the
state under section 1861, revised statutes,
of existing law, the secretary Of war is
REQUIRED to make charge against the al
property that has been lost, or destroyed,
or rendered unservlceable or unsuitable
from use in the service, or any other cause
unless IL is shown that such loss or damage
| or destruction could not have been avoided
by the exercise of reasonable care. 2
The department has endeavored to exer-
ner and to make due allowance for circum-
stances attending the loss, destruction or,
or damage to property, which are even re-
motely shown to be beyond the preventive
| action of the responsible officer. But
where IL is not shown that reasonable care
was taken to prevent such loss destruction.
or damage, the secretary of war has no
alternative, but to direct that the allot-
ment to the state be charged with the
value of the articles involved.
When property is destroyed by fire 1t
must be shown that reasonable care was
exercised by the state and by the respon-
sible officer in providing protection against
slider that property which members of the
militia are allowed to keep in their private
teeted against FIRE oT oss @ The loss Of
| clothing or equipment through desertion is
not considered unavoidable, unless the de-
service when the Elen would properly have
| their equipment In their personal posses
sion; at all other times clothing and equip
lance in the state armories
1t is believed that In all cases pertaining
to me state OF Nebraska the action OF the
with the weight OF the evidence submitted,
| and in this connection 1t may be said that
in many reports OF survey received from
states the general statement is made that
! articles were lost or stoln or destroyed In
field service at various t;mes through no
fault or neglect OF the responsible officer. .
It is obvious that such a bare statement
unsupported by the affidavits required by
law, cannot be accepted by the War de-
partment as satisfactory evidence, and
sufficient to warrant the relief Of the gov.
ernor from accountability to the United
States for the property issued to him. This
was the case In large humber of the rec
ords submitted by the state, and the action
taken by the department was in accord
ance with the requirements OF law.
In paragraph 81 OF the militia regulations
the classification OF the causes OF damage
to and OF loss and destruction OF military
property is given as follows;
1 Unavoidable causes, being those oVeI
which the responsible officers have no con
troll, occurring (a) In the ordinary course
Of service or (b) as incident TO active field
service; (c) accident or destruction without
fault or neglect OF responsible officer.
2, Avoidable causes. being those due 4
carelessness willfuness or neglect.
In the extension of the classification o.
unavoidable causes the secretary OF wal
considers that there should be included
articles lost or stolen a result of fOrclbl'
entry into armories or storehouses whert
the facilities provided for the safekeeplnl
of the property were sufficient 10 preVen
loss OF theft by any othr means and thl
damage TO or destruction Of property by thi
elements.