Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-14
Post Office Department Per-
mits Clerk to Attend Ma
tionaI Guard Encampment.
BUT COMMANDER is, TOLD
p. O. SERVICE WILL SUFFER
Question Submitted to His Judg-
ment-Issue in South Dakota
Affecting State Militia.

A clash between officers of the Ma
tiona1 Guard and the postmaster at
Aberdeen, S. D.. has just been smooth
ed out" by the Post Office Department,
which has instructed the postmaster
that if the commanding officer will not
give way after it is properly repre-
scented to him that the postal service
is likely to suffer IL he insists upon the
attendance of Private Duncan E., Rain,
city mail distributor at the Aberdeen
post office. there is no recourse left
under the law than to excuse Mr.. Rain
for the military encampment to which
he has been called.
An official Of the department stated
today that Postmaster General Burle-
son has endeavored to encourage the
National Guard as far as the interests
of the postal service will permit. He
has advised postmasters when their
employees are drafted for military serv-
Ice to represent to tho commanding Of
ficer the facts, when the military duty
Of employees Is likely to embarrass tho
rassment is not likely to occur, to grant
the necessary leaves Of absence to the
employees.
The alternative comes when the COM
handing officer refuses to release the
postal employees from their military
duties. The Postmaster General then
takes the position If that situation
arises it will compel him to refuse to
employ In the postal service men who
are attached to the National Guard.
An act of Congress plainly provides
that all officers and employees OF the
United States and of the District OF
National Guard shall be entitled to
leave of absence from their respective
duties. without loss Of pay or time, on
all days Of any parade or encampment
ordered or authorized under the pro-
visions of the act"
On several occasions officials in the
executive departments have sought to
evade this provision of the law, 1t Is
said, and in each instance, when the
matter has been brought to the atten-
ton Of the cabinet officer whose force
has been affected. obedience to the
law has been directed.
1t is recalled by some Of the omcers
of the National Guard Of the District
olney. during the Cleveland admin
istration. rendered an opinion that the
law leaves no discretionary power
with the government ofncer. but IL
mandatory, and that the empiOye lS
neither to be mulcted Of his pay or of
his annual leave for absence on mill
tary duty authorized by law.
Penalty Of Disobedience.
One officer said: IF the employe re-
fuses to obey the law and report to
his commanding officer when called
upon. he may be court-martialed and
dismissed from the National Guard,
and this ipso facto, causes his dis
missal from his government position.
because no dishonorably discharged
officer or soldier Is eligible to hold
government position"
On the other hand. 1t is said, il the
Postmaster General refuses to employ
any one who is connected with the
National Guard. or by any of the de-
vious means known for Kidding the
government service Of man who il
not wanted. it il likely to hamper en-
listments in the National Guard, and
virtually defeat the law of Congress
provided to cover such cases.
In either case the government EN-
ploye would be between Scylla and
Charybdis. more popularity understood
as between the devil and the deep
blue sea-" AS. it Is. according to the
practice of the Post ONCE Depart
ment, it is stated, the leave Of absence
granted employees for military service
is taken from their annual leave. or IL
without pay II they are not entitled to
annual leave.