Evening star., 1915-07-15
Employees Cannot Be Prevent
= ed From Rendering Duty in
!: National Guard.
CONTROVERSY SETTLED
BY CAPT. SHANNON HERE
Attorney Generals Opinion Prevents
Federal Officers From Interfer-
+. ing With Guardsmen.

The postmaster at Aberdeen. =. D.,
and Capt w. d. Swain of Company l.,
South Dakota National Guard, are fur
nishng opportunities for a "show down
in a controversy over the custody OF a
postal employe, who is also member
of the company of the National Guard,
which has long since been adjusted IN
the District of Columbia so far as con-
Germs government employees who are
members of the National Guard of the
District.
June 8. 1912. J. Harry Shannon. then
captain of 1st Battery Field Artillery,
National Guard of the District of Co
lumbia submitted to Franklin Nc
Neagh. the Secretary of the Treasury,
a statement setting forth that in COM
pIiance with general orders No. ,,
headquarters of District of Columbia
militia Washington, dated March 10,
1912 he ordered out the members of
the battery to participate in target
practice at the Congress Heights
range for two days duty. May 2S and
2s. his orders specifying that gov
ernment employees will be given certf
icates for duty performed under the
requirements of this order
Capt. shannon stated that May IS
flour enlisted men of the battery en-
ployed at the bureau of engraving and
printing received from Director Joseph
f. Ralph letters ordering them to re-
turn to their civil work. BY direction
Of the battery commander the order
was obeyed.
May 80 four other enlisted men. also
employees of the bureau of engraving
and printing, returned to their civil
work and presented to their immediate
superiors certificates showing the per-
formance of two days military duty at
the target range. These certificates
were accepted, however. as valid for
one day of military leave. but invalid
for two. the men presenting them being
marked absent without leave" May
one days civil pay and adversely affect
ing their efficiency record in the bu-
reau-
= Battery Case Here.
Quoting the law covering these cases
Public Act 93 section 40, That all
officers and employees of the United
States and of the District of Columbia
who are members of the National
Guard shall be entitled to leave of alb
sence from their respective duties, with
out loss of pay or time. on all days of
any parade or encampment ordered or
authorized under the provisions of this
act" tapproved March 1. 1Ss9, and
Public Act 219, page %, That section
49 OF An act to provide for the organ
ization of the militia of the District of
Columbia approved March /, 1889,
shall be construed as covering all days
of service which the National Guard, or
any portion thereof, may be ordered to
perform by the commanding general
tapproved July l, 1902)." Capt. Shannon
invited attention to the opinion of Jud-
son Harmon. Attorney General. May 90,
1896, which pointed out that leaves of
absence to government employees be-
lnnQinO "a mil nf hn fr;a
of Columbia and those provided for by
the act of May 3, 1893, which are for
private reasons or purposes, are not
to be construed as for one and the same
thing and that the general repeating
clause in section of the act of 1893
does not apply to the act of 1889.
Mr.. Harmon's Opinion.
The opinion recites that 1T is not to
be presumed that Congress intended by
the latter act to exclude from the
militia of the District the large pro-
portion of its citizens in the public
service, yet this result would follow
from any other construction than that
which have given it, The earliest act
required that all able bodied male resi-
dents Of the District be enrolled. The
exemptions recited (section y do not
include civil employees of the depart
ments- Members of the militia are re-
"a
service when called upon (section 81 but
also to prepare themselves for such
service by attending drills, etc. (section
40 ct seq. The latter duty is quite as
important as the former, and there is
s no more reason for holding that section
~ is repealed. which exempts members
from civil duty without loss of pay or
time. than for holding that the sections
are repealed which require obedience to
calls for active duty.
1T Is absurd" adds the Attorney Gen
eral. to suppose that Congress intended
its provision to empower or direct heads
OF departments to neutraliZe the order of
the President as the cOmmander-n-chief
OF the militia 'section 81, or that of the
other comma nding officers. or to compel
employees to put in the leave allowed them
for rest and recreation in the discharge
OF military duties
Capt Shannon set forth that the di-
rector Of the bureau of engraving and
printing had said % he would grant
or withhold at his discretion military
leave Of federal employees under his di-
fection; 80 that he would not permit
The National Guard to interfere with the
efficiency of his bureau; 80 that he would
cooperate with the battery commander
in upbuilding the efficiency of the bat
Sery; 80 that the services Of the men
ordered by him from the target range
were required at the bureau: 90 that
fhese men did not give sufficient advance
notice Of their military order that their
places could be filled.
Capt. Shannon's Contention.
Capt Shannon's contention was on
that the granting OF military leave is not
discretionary with the director of the
bureau OF engraving and printing that
the law is mandatory. and that the gov
srnment is spending money on the mill
tary training Of these men and the law
directs that officers OF the civil depart
ments Of the government shall not i'm
pede this work.
The necessary inference" he states lis
that such officers shall aid this work. The
battery commander is responsible i'm
mediately TO his commanding general and
medfately to the War Department for the