The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-03-27
ACTUAL SERVICE FOR MILITIA
National Guard Association Working
For Chanue In Law

National Guard Association Working
For Change in Law
Washington, March 26.-Officials of
the National Guard Association of
the United States are making a deter
mined effort TO secure legislation on
the National Guard pay bill, now be-
fore Congress, by which in time of
foreign service National Guard organ
izations may be transferred to the
regular military establishment as a
volunteer army. This provides that
State militia organizations may 60
into foreign service intact, thus re-
tanning the state Identification and
company organization.
This amendment II passed would
repeal the Dick law, which classes
the State militia as the organized
militia of the United States, but
makes it impossible for such organi-
cations to have foreign service.
Several conferences have been held
with the Secretary of War Gen. Wood
Chief of staff; Gen Evans, chief of
the militia division, and other military
authorities by officers Of National
, Guard organizations. Among the
leaders of this move are Gen Young.
chairman of the executive committee
of the National Guard Association.
and Gen. Steward, Acknowledgement
of the State of Pennsylvania.
This change in the National Guard
law was proposed by Gen Young as
result of the recent decision of
Judge Advocate Crowder of the War
Department, based on an opinion
rendered to the Secretary of War by
Attorney-General Wickersham. rhe
Acknowledgement recognized the con
stitutionality of the Federal law re-
lating to the militia which provides
for the calling forth of the militia by
the President of the United States
ito execute the laws of the Union
suppress insurgections and repel in.
yasions.' This opinion made it plain
that the President had no authority
to send the militia out of the United
States. This opinion was called forth
as a result of numerous inquiries
from National Guard authorities when
the Mexican situation recently be-
came serious and there appeared a
possibility of calling the army into
active service 1t was held that the
militia under no circumstances could
leave the United States to execute
the laws of the Union" for the reason
that the laws of the American Govern
ment apply only within its own juris-
diction.
Under the law by this decision the
State militia would have no chance
at all for foreign service and this is
what has led to the demand for a
revision of the statute.
When there was talk of trouble In
Mexico many Governors and State
militia authorities opened correspon.
dence with the War Department. in
dicatng their anxiety to get into the
thick of any excitement that might
develop. Under the present law in
case of foreign service II would be
necessary for the President to obtain
special authority from Congress for
raising a volunteer army. With this
authority granted he would call upon
Governors of states for their quotas
OF volunteers and he may or may moi
as he chooses give first preference tc
the militia organizations.
Since the policy of the War De
partment has been to develop the Ma
tional Guard into an organized militia
as an Immediate adjunct of the army
1t is presumed that he would give
these organizations first preference
That was done by President McKin
ley in the Spanish-American war. Il
would remain. however, for the mem
bers OF the organization to volunteer
their services as United States volun
teers. If an entire regiment could b,
thus mustered in the regiments OF
, ficers would be retained in their re
spective capacities.
Some of the militia officials ar,
anxious to obtain authority to merg,
their regiments-with the regular army
their officers to take precedence will
regular army officers in the usua
way. This would result in volunteel
officers taking rank over regular
officers OF many years experience
which is opposed