Evening star., 1915-07-01
Secretary Garrison Believes
Officers Thus Would Bene-
fit Army and Navy.
ATTORNEY GENERAL ASKS
FOR MORE INFORMATION
It Is Understood Legal Leaders Of
Government Hold designations
May Be Rejected.

Attorney General Gregory has asked
Secretary Garrison for q statement OF
the facts III the case of Lieut.. COL
Odus e. HorneN. the army ordnance OF :
ricer. commanding Picatinny arsenal
at Dover " J.. whose resignation
prompted Mr.. Garrison to ask for ah
opinion whether an army officer has an
inaliena BILE right to resign in time OF
peace.
Mr. Garrison said today that ne IS
considering the feasibility of accepting
designations of army officers ihat
question he viii decide after the NJ
torney- General mas decided what the
law is He pointed out today that the
question might be raised whether an
ordnance officer might not be doing the
government a good service in resign
ing if his resignation meant the deNei-
opment of commercial arms and amInu-
milton plants 1t is understood that
col Horney has received an oiIeF ol d
substantial SALARY from such a piant
Mr. Garrison said the Development OF
private plants in time OF peace "oulu
materially strengthen the resources OF
the arnX in tine event OF hostiiilies.
Fulfill Required Service.
Col. Horney. whose resignation raised
the question. was graduated from the
Military Academy at West Point in
1891. He has therefore given the gov
ernment the four years post-Graaua-
ton service which the regulations re-
uuire Mai William \. Phillips. the
other officer. whose case is pending pc
fore the War Department. rendered ms
resignation after Attorney General
tireSory's opinion had been sought by
the Secretary of War. Maj. Phillips
was graduated from the Military Acad-
emy in 1889 and. like col. HorneS. has
fulfilled the requirement of four years
service. He is an infantry ofhcer serV-
ing by detail with the ordnance de-
partment and is on duty at the Sandy
Hook. y. j., proving grounds.
Naval Officers Offer designations.
Naval Constructors W. b. Ferguson
and J r. Otterson have resigned to ac-
cept more lucrative employment with
private establishments having large
contracts for war materials for Eu-
ropean belligerents. Secretary Daniels
has indicated that he will oppose the
acceptance of these designations IN
case the Attorney General holds that
the President has discretion in the
matter.
Constructor Ferguson. who was grad
uated from the Naval Academy in 1900.
Is on duty at the Navy Department.
Constructor Otterson. who graduated in
1905, is d: the New York navy yard. and
also superintends government con-
struction work at the Lake Torpedo
Companys plant at Bridgeport. Conn.
Both have fulfilled the terms of the
contract signed when they entered the
academy to give eight years service to
the government, including the time
spent al Annapolis.
President Has Discretionary Powers.
Legal officers of the government who
have been consulted by Attorney Gen
eral Gregory are understood to be vir-
tually unanimous in holding that the
President has discretionary powers and
may accept or reject designations as he
sees fit.
The opinion is expected to be sent to
Secretary Garrison later this week.
The judge advocates general Of the
army and navy hold opposing views on
this question. which has become an is
sue of serious moment in the War De-
partment because of the growing tend
ency of private munitions establish
ments to offer attractive positions TO
expert ordnance officers.