Evening star., 1914-01-04

now stands, has required absolute con-
formity of militia organization to that
prescribed for the regular army, sub
ject only to such general exceptions as
the Secretary of War may see fit to au-
thorize. and to the specific statutory
exceptions. in favor of inspectors OF
small-arms practice and in favor of
certain ancient militia organizations.
Unless then, the Secretary OF war sees
fit affirmatively to exercise the discre-
tionary mower vested in him by statute
to authorize general exceptions. the
federal statute itself requires conform
ity on the part of the militia 10 1ne
organization prescribed for the regular
army The extent of the exceptions TO
be authorized rests in the sound d1scre-
ton of the Secretary of War; ana ms
decision not to grant a particular eA-
ception cannot be construed as being
In any wise departure from the in
tent and spirit of the law. Neither can
it be said that the fact that In para
graphs 227 and 22S, Militia Regulations
of March IL. 1910. the Secretary OF W ar
authorized exceptional brigade and
division organization. and that the au-
thority for such exceptional orSaniza-
tions is now withdrawn. is foreign 10
the spirit and intent of the law. Ihe
extensive exceptions authorized in 1917
were no doubt induced by desire on
the part of the Secretary of War not
to press for absolute conformity too
soon after the law providing for such
conformity became effective. The brl-
gade and division organization pre-
scribed for the regular army
has remained unchanged since that
date. In withdrawing the 'eS-
ceptions authorized in 1910 and sub
stituting the provisions of circular
of 1913 the Secretary of War was no
doubt proceeding upon the assumption
that the considerable period which has
elapsed since the statute providing FOR
conformity became effective has been
sufficient to enable each state desirous
of maintaining brigade or divisional
organizations in exact conformity with
the prescribed standard the moment
that authority for exceptional organ
iZations might be withdrawn.
For the reasons indicated" the opin-
ion concludes. Il am of the opinion that
there is sufficient authority in law for
defining the organizations of brigades
and divisions as set forth in circular
No. 8. division of militia affairs, War
Department 1913
Last Thursday, January l. was the
time set by circular when the So
called divisions in several states will be
regarded as brigades and lesser units.
and will not be entitled to a major gen
eral and his staff and a divisional
ganizat ton. The judge advocate general
ruled that state authorities could mus
ter out divisional officers when there was
no proper command for them. despite
the fact that the state law made pro-
vision for them.
i :. :: ::
Sergts Gustave Schoeing and William
NJ. Wells. L. S. A, who for the past
three years. have been assigned to duty
with the National Guard of the District
of Columbia as instructors, have been
relieved. their tour of duty here having
expired. Sergt. schoeing has been as
signed to Company A. 29th Infantry, at
Fort Porter. N. Y, and he expects to
leave tomorrow.
Sergt Wells, who goes to Company d,
4th United States Infantry. now en-
camped on the Mexican border. left
Washington yesterday. He has permis-
sion to delay seven days en- route, and
will spend this time at Portsmouth. Ohio.
Sergts Walcott II. Simmons and
Harry Meyer have been assigned to
succeed Sergts. Schooling and Wells.
Both of these soldiers have arrived here.
and for the past two three days
have been learning the details from the
departing soldiers