The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-07-01
ATTY. GENERALS OPINION
INTIMATES REORGANIZATION OF
MILITIA MAY BE ANNULLED.
Election of Officers to Fill Places of
Men Displaced Occasions
Opinion.

: Columbia, June 29.-"This being
only a reorganization. or rear
rangemen\ or re-assignment-as you
may be pleased to term it-of the re-
naming companies of the militia, |
am Of the opinion that the officers OF
these regiments have not been re-
moved in accordance with law, and
that they cannot be removed or mus
tered out of service except as is pro-
vided by statute so long as the mill
tary companies themselves remain
a part of the organized militia says
Thomas H. Peoples, attorney general.
in an exhaustive opinion rendered
this morning on the reorganization
of the South Carolina National Guard.
He goes into the history of the State
militia from January II, 1915, when
former Governor Blease, by ,procla-
nation mustered out the National
Guard, up to the present time. I'm
der date of January IS, 1915, after
referring to- the statutes relating to
the militia, | advised the adjutant
general that from an examination
of the proclamation and applying it
to the law quoted, am of the opinion
that the organized militia of South
Carolina has been legally disbanded
and mustered out of service, says
the opinion. Nothing has been
brought to my attention to cause any
change in my view then expressed,
nor have later investigations. done
so." continues the opinion.
If the opinion of the attorney gen.
eral is upheld by the courts. the re-
cent elections Of militia officers are
vitiated and the former regimental
officers are still in command. Also,
if the opinion is upheld, the procla-
nation of Governor Manning, issued
January %, 1915, declaring null and
void the proclamation Of former Gov
ernor Blease mastering the State Ma
tional Guard out of service, is il
legal. and South Carolina has no Or
ganized militia authorized by the
statutes.
May Stop Encampments.
Military authorities think probably
the opinion of the attorney general
will cause a discontinuance Of the
plans for encampments for this year;
for they think that it is improbable
that the comptroller general Will
honor warrants for pay to what might
be an illegally organized militia. Al
so, they say that the probabilities
are that the United States disbursing
officer, Major j. Shapter Caldwell,
will refuse to pay out government
funds until the matter is finally ad-
Indicated in the courts.
The opinion says that W. w.
Moore, adjutant general, on January
20, 1915, was "of the opinion that
the order (of former Governor Blease
disbanding the militia) was legal
and again that he considered the
actions of the former governor IL
legal" This afternoon Gen. Moore
denied that he had made any such
conflicting statements.
The opinion was given at the re-
quest of Major J. Shapter Caldwell,
inspector general of the South Caro-
lima National Guard, assistant to the
adjutant general. Major Caldwell
wanted to know if the regimental Of
fcers of the old 1st, End and 3rd
regiments should be mustered out of
service.
The attorney general, in his opin-
ion, quotes the proclamation Of for
mer Governor Blease, under date OF
January II, 1915, which dissolved,
mustered out and disbanded all the
militia in the State, both National
Guard and volunteer organizations.
On the request of the office of the
adjutant general, under date of Jan
uary 12, 1915, Attorney General
Peoples said that he rendered an
opinion in which he held the action
of former Governor Blease legal and
he is '.of the same opinion STILL
This opinion was delivered January
IS, 1915.
TO RETURN JACKSON'S FLAG