New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-21
l1'RYAN MUST SERVE
WITHOUT EXTRA PAY
Adiutant General Will Refuse 20
Honor His Vouchers for e.
Compensation.
ROE RECEIVED NO SALARY
Military Law Makes Governor
the Final Authority in Matter,
and Organ Awaits
His Decision.

Albany, June 9.-Contending that the re-
cent special order placing on pay Major
General John F. organ. OF New York.
.ns new commander of the national guard,
conflicts with the provisions Of the mill
,,ry law, Adjutant General Verbeck an
,onrces that he has decided to disapprove
General Organs vouchers for such com
1ensaion.
The special order was issued by com.
r,and Of Lieutenant Governor Conway
.bus acting Governor and had the effect
-, giving General O'Ryan a salary CORE
srondlng 10 that of a major general I'm the
regular army, at the rate of 5000 year
General Verbeck makes known his pro-
n0sed action in a letter 10 AssCmblyman
Iopis A. Cuviller. % New York, a former
chairman Of the Assembly Committee on
Military Affairs, who was instrumental in
,bs massage Of the so-called retirement law
bv the operation of which Major General
charles f. Roe was retired
Mr. Cuviller wrote to General VerbeCk
ON lime u. characterizing the special or
dor Of Lieutenant Governor Conway as "a
most deplorable state of affairs" He says
Governor Dix to whom he made protest
agrees with him that the major general
should serve without pay.
Il believe the position Of major general
IN the State Of New York. said MIR. Gu
yillier's letter, rs largely an honorary po-
sition. General Charles +. Roe, who was
major general for many years, did not ask
for or receive any compensation
Governor Dix said ne had no comment
10 make until he had an opinion from his
legal adviser as 10 the legality Of tn or
der placing General Organ on pay IN
view of the provision Of the military law
which provides that the major general
.hall serve without salary"
Major General John i. Organ, com.
handing officer of the national guard. said
YESTERDAY that the "disapproval Of his pay
vouchers for active duty, on which he was
detailed last May %, rests absolutely with
Governor Dix.
Section 2l9 Of the military law provides
that the major general shall serve without
salary" but the same section provides that
The major general may receive pay when
on duty under the same conditions as per-
mitted by the military law to other officers
Of the line.
Military authorities say that if the gen.
eral had been placed on duty permanently
il would have been violation OF the MILL
tary law, but that this was not the case
,rhey say the order was necessary by rea-
son Of the vast amount Of work necessary
10 be done in recognizing the headquarters
OF the national guard and also as he had SO
recently succeeded Major General Charles
F. Roe, who was retired under the new age
limit II was necessary TO familiarize the
new cornmandant with the various units and
examinations throughout the state whicS
compose his command.
Major General Charles T. Roe when asked
last night for mis- opinion on the action or
Acting Governor Conway in placing Major
General O'Ryan on the payroll said
AN I have TO say Is this: During my
fourteen years service received no COM
pensation."
= one OF the best known officers in the
state and an authority on military law, In
speaking of the question Of pay to General
Organ, said yesterday.
Section 2l9 Of the state military law pro-
vided that the major general shall serve
without salary, but the same section, how
ever, provides that the major general may
receive pay when on duty, under the same
conditions as permitted by the military
law TO other officers OF the line.
The Governor issued an order placing tho
major general on duty under the pro-
visions Of Section 2lO Of the military law.
The order did not place General o Ryan
on duty permanently, but for SPECIFIC pur-
poses mentioned in the order, and was
made necessary and desirable by reason
OF the vast amount Of work necessary 70
be done in connection with the Work OF
the guard OF a progressive nature, IN
Guiding personal observation with the
various units throughout the state and pre-
pairing for field maneuvers. The necessity
and reasOnablene of such an order rests
absolutely in the discretion Of the Gov
ernOr.
General O'Ryan, since the first day OF
MAY has given his entire time TO guard
work I'm pursuance of the order issued.
II was the intent of the Legislature IN
enacting Section 30 TO vest I'm the Gov
ernor the authority and discretion to place
an officer on duty so that he might receive
pay mot salary under such conditions.
The order in question does not place Gen
eral Organ permanently on duty. The
question, therefore, IS one 10 be deter
mined solely by the Governor.
II is understood that Governor Dix has
received an opinion from the judge adVo-
cate general OF the national guard en-
bodying the above.
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