Arizona republican., 1913-12-01


 the United States. George F. Downey. has recently handed down an opinion in the matter of the payment of the members of the National Guard com panies that are assigned to certain special duties by the adjutant-gen- erals of the states. that relieves the Secretary of War and the division of militia affairs of the United States army of one of the means used to more thoroughly embarrass the or sanitation and conduct of the nation al guards of the states than any other matter with which they have to deal. and that is the disbursement of funds. provided tor the national guard by enactment of congress and allotted to the various states, according to the number of congressman each state has, to the national guard. It has been the custom for the disburse- ments to be made by warrant through disbursing officer detailed from the national guard but all of these war rants has been made subject to audit by the war department. If for any reason the auditor for the war de- partment withheld payment then the states were out. This situation hap pened once to often. and the kick
 
 complex structure, came from Arf- zona, having been made by Colonel Charles w. Harris, the adjutant-ge eral of the state. who as Captain C. w. Harris disbursing officer paid out certain moneys upon order from him. self as adjutant- general
 Since the passage of the national militia bill, whereby the appropria- tiOns are annually made for the mili- tia, there has been conducted in con nectiOn with the general staff of the army division of militia affairs. which has generally Overseen the work of the national guard. The understanding was that this board together with the national militia board, upon which no officers of the militia but only those of the regular army hold membership, governed the affairs of the national guards in the states subject to the approval of the chief of staff and the Secretary of War
 The actual command of the na- tional guard except as military pO- lice when they were called out by the governor of a state, who still retained the title of commander in chief of the militia of his state. was really taken by the bureau of militia affairs. This was done under that section of the act which prescribed tat the organizations of these na- tiOnal guard bodies shall be the same as those existing for the regular army subject to such exceptions as the Secretary of War may authorize.
 The division of militia affairs con tinued to issue orders to the adju- tants- general of the states concern ing the conduct of the state troops until the rub came and it came like this In a certain section of the reg ulatiOns as promulgated by the war department it was provided that for camps of rifle instruction the mini mum number of men that could at tend from each company should not be less than eight with one cOmmis- stoned officer. Of course more than this could attend if there were more qualified. The division of militia af- fairs, over the signature of the Sec retary of War and chief of staff is sued an order in January, 1913. that the minimum in these camps should be hencefOrth two officers and twenty men from each company
 In pursuance of his policy of or dering men upon the target range from the various companies of the Arizona National Guard Adjutant- General Harris issued an order by Governor Hunt early this year for the annual practice rifle camp at Camp Wilmot range near Tucson which was held on March 22-27 This camp was participated in by forty -four officers and men from the field and staff of the regiment, the company attachments coming from A, B, c, D, I and M. On March 26 he issued the warrants paying the xJo~1 fryo ir, hn of the militia act. When these vouchers reached Washington they were held up on the ground of non compliance with the order. and for a while it looked as if Harris was out. He, however, was satisfied that his contention made at the meeting of the adjutant-genera in 1912, that the Secretary of War had no author ity over militia funds appropriated by congress after they had reached the state for which they were ap- propriated. was right, so he took the question directly to the comptroller of the currency.
 Tn commenting upon the appeal which he sustains, the comptroller not only orders the vouchers paid, but suStainS the oral argument of Colonel Harris relative to the power , of the Secretary of War. The cruX of the opinion is in the following paragraph:
 The legality of the regulations thus issued, is brought in question in the audit of the accounts of Captain Charles w. Harris. disbursing officer of the organized militia of Arizona. The adjutant- general of the state of Arizona, in an oral argument present. ed to this office, has cOntended that the regulations prescribing mini mum number of enlisted men who shall participate in each company in order to constitute a camp of in struction are void, as not being with in the jurisdiction of the Secretary of War to prescribe"