Evening star., 1913-12-21
Stand of Assistant Secretary
of Treasury Forces Capt.
CIark'S Action.
Department RATING
MENACED BY SERVICE
District National Guard Officers Re-
sent Attitude of Govern
ment Official.

IN positive and official lntimation-
.>prcssly given to his own inquiry
hat time taken, in addition to the
Usual thrty-day leave, for attendance
m National Guard duty is calculated
10 damage his record as a government
employe. Thomas r. Clark, of the
Treasury Department has rendered his
resignation as captain in the pay de-
partment OF the National Guard of the
District Of Columbia.
Capt Clark gives as his reason for
resigning the attitude OF John Shelton
Williams. assistant secretary of the
Treasury, on the question of militia
service, set forth In a letter. dated De-
cember /.
Should the thirty-day leave
Of absence be applied for and granted
10 employees who are members of the
National Guard" says Assistant Secre-
tary Williams, in this communication,
such employees Will have rendered less
actual days of service to the govern
inent in comparison with employees who
receive only the regular thirtyday an
nual leave. and such attendance record
might be properly taken into account
when rating an employees efficiency"
May Go to President.
The National Guard of the District
Of Columbia, through it's proper Off
GERS. it is understood, may carry the
matter to the President for a declara-
tion of administrative policy toward
upbuilding the organized militia and
encouragement of citizen military serv-
ice. Through District militia head
quarters the circumstances of Capt
Clark's resignation are learned.
National Guard officers are a unit in
fesenting the attitude of Assistant
the variance of his views with the
great efforts of Congress and the War
Department, with the approval and
cooperation OF former Presidents, to
organize, encourage and upbuild an
efficient citizen soldiery.
Capt. Clark. in his letter. sets forth
his devotion to National Guard duty,
and tells of his sense that personal OBJ
legation and responsibility TO his fam
lily required him to first consider its
interests. In view of the fact that pro-
motion and increase in salary that he
might properly expect in his civil en-
ployment as a government clerk seem
endangered by his militia affiliation,
he deems it his only course to tender
his resi- gnation.
He recites that ii had been made plain
10 him unofficially by his superiors in the
Treasury Department that militia duty
was working to his discredt as govern
ment clerk. and that he was likely to
suffer in consequence by omission from
the promotion list He Immediately
asked for expression of opinion from the
highest administrative authority which
his position allowed him to address.
The following was the letter addressed
by Assistant Secretary Williams TO the
head of his division. James l.. Baity,
auditor for the War Department. but an
swering his own question:
Mr. Thomas r. Clark, an employe in
your office and a member of the National
Gard of the District of Columbia, mas
asked whe her absence from the depart
ment on duty with the National Guard.
under orders from his commandine off,
Ger. might mi itate against his efficiency
record, provided such absence should be
In addition TO annual leave of thirty days
Possible to Cut Leave.
You may inform Mr.. Clark that the
Law specifically grants absence with
pay, 10 employees who attend guard duty,
but the law with regard to leave of alb
sence for government employees is dis
cretionary; and the head of an office,
therefore. may properly refuse to ap-
prove applications for the full thirty
days leaNe OF absence to employees who
may absent themselves on guard duty
Should. however, the thirty DAYS, leave
of absence be applied for and granted to
employees who are members of the Ma
uonal Guard, such employees will have
rendered less actual days of service to
ployes who receive only the regular
thirty days annual leave, and such at
tendance record might he properly taken
into account when rating an employees
efficiency"
Called TO the attention of Mr. Williams.
ne indicated that the application of the
rule laid down in his communication did
not necessarily imply that military serv-
ice would be counted against the rec
ord of government employe. There
might be meritorious cases he sug-
Sested. where such duty would accrue to
the credit of the efficiency record of a
clerk The ruling, he said. was based
upon an opinion OF the solicitor of the
Treasury Department.
Examines Precedents.
Before Mr.. Williams arrived at his con-
cLus1ons there was laid before him the
opinions of former Attorneys General and
the attitude taken By former Secretaries
OF the Treasury.
Attorney General William III. II Miller.
IN an opinion rendered August IL, 1892.
aeclded that J. j. Garvin, jr, should re-
ceive pay as a government clerk for A
pefIod when he was absent from his desk
on duty with the National FencibIes
ornpdny e, I'd Battalion, N G. D. c.
attending an Interstate competitive drill
- Omaha. Neb. Attorney General Miller
cited a clause Of the law Of March /
$50, providing for the organization OF
NaWE.