New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-25
Office a Clerical One.

was n member Of the board Of officers
which, some years ago. asked That the
Legislature pass law reducing tne r"hS
OF the adjutant general IRON tnat ol
major general. which was at that time
his rank TO that OF brigadier general, ana
this was done II was not desired that
the adJutant general, whose once ~ a
clerical one should in any way be clotheG
with the functions OF a major general
commanding His duties are similar 10
those OF a Secretary OF War, but In no
sense should they be construed as being
similar to the duties performed by Major
General Wood, chief OF the General Star
OF the army. as some persons have as
serted
General Wood is an officer Of the line.
and the adiutant general OF he army IL
BrIgadier General George Andrews,
stan officer. who prcsides only over an
Office OF record BY law the adiutant gen
cral Of New York is not even an officer OF
the National Guard.
Colonel Ladd. in his brief. after point
ing out the limitations Of the adJutant
general. az defined by the military law
OF the state. says:
The power 10 organize the militia Of
the state Is legislative. and not executive.
This rower is explicitly granted 10 the
Legislature by the constitution. and the
Governor possesses no such authority eN-
cept TO the extent that IL Is expressly
granted TO him by the Legislature. The
LEGISLATURE has considered and acted unoh
the subject Of chief Of stan. ana a
general stan. as existing In the United
States army, and has definitely legislatcd
on the subject In the present military
law by the creation OF a." militia council
lie then points out that the chief OF
STAFF is no part Of the division organiza-
ton. nor Of ans other organization OF
the state
The Judge advocate adds:
The order Of the Governor rscitcs that
II is made I'm order 10 conform 10 the
organization and government or the
United states army. IL Is submitted thai
the result II produces u not IN hSCo'u
with such organization.
The United states system OF orgamZa-
ton does not make the adjutant general
supreme but leaves him the chleI OF Il
DEPARTMENT with defined duties and SUB
jcCt TO the supervision OF the cHlel vi
stan Moreover, the United states sys-
TEN Contemplatcs that the chief OF stan
shall be the head OF an organization or
which he ~ a part. and not that ne
shall hold an office existing alone as the
executive order contemplate.
When the Legislature made the major
general chief OF the militia council ana
made the adjutant general MEMBER OF
that body, they adopted system IN close
harmony with the organization OF ule
regular army. The present eNtcu Nv.
order, however completely reverses that
situation. ~
Another essential difference between
this state and the United states service ~
that I'm this state the adjutant general
is not required TO have any military eS,
perience whatever: he Is not promoted
from active service. he may be CIVILIAN;
he holds ONCE only during the term OF
the Governor appointing him: he Is In a
sense. a political appointment as dlstln-
guished from a military appointment.
The situation In this state, therefore, -
essentially different from that existing
I'm the regular service.
In CONCLUSION, Colonel I.add says that
the Legislature has clearly Indicated its
intent that the constitution OF the GOV
ernor's staff should remain fixed as
specified in the law, and that the or
garization OF the department should re-
main likewise 20 fXed. and should not De
subject TO change by the Governor.