New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-29
THE ADJUTANT GENERAL
Ex- Officer Says Gov. Dix Has VIC
lated Military Law in Appointment.

To the Editor OF The Tribune
Sir: I see by the morning papers that
the Governor has appointed the aoJu-
tant general major general OF the d.
vision.
would call your attention to the lacI
that the adjutant general is not eligible
for such appointment.
The adjutant general is CONSTITUTIONS
officer. Article XI, Section =, ana hoiu'
office during the pleasure OF the cover
nor. and his commission expires WIN the
term for which the Governor shall nave
been elected.
The militia OF the state is divided INTO
two parts, the active and the reserve
militia. The active militia consists Oh
the organized and uniformed military
forces. the national guard and the naval
militia. The reserve militia consists OF
all those liable TO service, not IN the
organized and uniformed forces men
toned above.
In the military law. Article !. Section
z. II gives the staff Of the Governor as
consisting of the adjutant general the
military secretary, and not more thah
commissioned officers of the active mill
tia I'm active service, drawing dlstihc'
line between officers in the active militia
and the adjutant general and the military
secretary. Again In Article ]. section
10. on the militia council, 1t states that
said council shall be composed OF the
major general OF tn national guaro' IN"
commanding officer of the naval militia
the sdIutant general Of the state, ana
seven officers OF the national guard. In
no instance is the adjutant general men
toned as belonging to either the nauohai
guard or naval militia, and In fact ne
does not belong 10 either force.
In Article II of the military law the
national guard is defined. its composition
stated. and under Article " the eligi-
'lity for officers in said national guard
is given. Under Article III the naval
militia is defined and its composition
stated and eligibility for officers stated.
in neither Article II nor Article III nor
Article " OF the military law Is the
adiutant general mentioned. thereby
clearly proving the fact that he Is not
a member OF either the national guard
or naval militia
In Article ", Section II. Of the military
law. II is clearly and unequivocally
stated that eligibility for the Office OF
major general consists at the time of
his appointment in his being IAN officer
In active service in the national guard
of this state . and for seven sue
cessive years Immediately preceding his
appointment he must have been In active
service I'm said national guard as a com
missioned officer" No member Of the
naval militia or reserve militia Is eli
| eible. and neither is the adjutant general
or military secretary OF the Governor
eligible.
| IL can be also emphatically stated that
the military law was written with the
very purpose Of eliminating the adjutant
general from eligibility for said office
| The National Guard Association OF the
state meets in Albany the latter part
Of January. 1913. and it seems TO me-
that no better duty could II perform
than 10 take the national guard anc
/ naval militia OF that state out OF politics
| The adjutant general should be per
manent officer. as in the regular army
and If necessary the constitution should
| be 50 amended Imagine the regular
army having a new and untrled adju-
tant general every time q new President
took office This IS exactly what hap
pens in this state-the volunteer forces
Cand there are none better in the coun'
try must submit 10 a change al Albany
every two years. And for the benefit OF
all. 10 general officer in the state should
| hold his commission over four years
with the proysO that he might be re-
| appointed. AN EX-OFFTCER.
| New York Dec Is 1912