El Paso herald. (El Paso, Tex.) 1901-1931, 1916-08-18
VIII S0N VETOES
ARMY MEASURE
Opposes Exemption Of Re-
tired Officers from Rules
of Discipline.
Continued from page -


be borne on the army register. and
should be subject TO the rules and arti-
cIes of war. and TO trial by general
courtmartiai.
Retired Officers Arc Part of Army.
BY the act OF July p. 1876. officers
of the army on the retired list were
specifically declared TO constitute a
part of the regular army. provision
which is found repeated in subsequent
acts affecting the orSanlza ton OF the
army: and other statutes enacted dur
ing this period made retired officers OF
the army available for certain classes
of active duty. IN time OF peace with
their consent, and in time OF war Win
out their consent
BY the recently enacted national de-
fence act. the authority OF the presl-
dent over retired officers has been
further extended as 10 make them sub
jet to his call in time Of war for any
kind of duty without any restriction
whatever. Courts and attorneys gen
eraI have in a long line of decisions
held that officers of the army on the
retired list hold public office
sharp Distinctions Drawn.
1t thus appears that both the legis-
lative and judicial branches nave
drawn a sharp distinction in status be
tween retired officers. who are re-
carded as governed at all times. as an
effective reserve Of skilled and expe-
rienced officers and a potential source
Of military strength. and mere pension
ers from whom no further military
service is expected Officers on the re
tired list Of the army are officers OF
the army members of the military es-
adjustment distinguished by their long
service, and. as such. examples OF dis
cipline to the officers and men IN the
active army
Are Subject TO Duty
Moreover. they wear the Uniform Of
the army. their education and service
hold them out as persons especially
qualified in military matters to repre-
sent the spirit of the military estab-
Hshnent. and they are subject TO active
duty in time of national emergency by
the mere order OF the commander IN
chief.
Must Be Subject to Discipline.
They are, therefore. members OF the
army officers of the United states eX-
emplars OF discipline and have in their
keeping the good name and the good
spirit of the entire military establish
ment before the world.
Occupying such a relation. their
subsection TO the rules and articles OF
war and to trial by general courtmar-
tial have always been regarded as nee
essary in order that the retired list
might not become a source Of tenden-
cies which would weaken the discipline
of the active land forces and impair
that control over those forces which
O.
Purpose Is Unity
The purpose OF the articles Of vNr
in time of peace is to bring about &
uniformity in the application OF mill
tary discipline which viii make the en-
tire organization coherent and ef-
fective. and TO enSender a spirit of CO.
operation and subordination TO author
ity which will in time of war make the
entire army a unit in its purpose of
self sacrifice and devotion to duty in
the national defence.
These purposes cannot be accom-
plished if the retired officers. still
part of the military establishment still
relied upon TO perform important du-
frCm the wholesome and unifying effect
OF this subsection to a common disci-
pine
Would Be Discrimination.
I am persuaded that officers upon
the retired list would themselves re-
gard II as an invidious and unpala bic
discrimination which. in effect. ex-
Guided them from fun membership in
voted their lives. and Of which by the
laws Of their country they are still
members
COnstItutiOnaIity in Doubt
so long as congress sees fit TO make
the retired personnel a part of the
army Of the United States. the consti-
tutionality of the proposed exemption
Of such personnel from all liability IN
der the articles of war is a matter OF
serious doubt. leaving the president, as
IL does, without any means sanctioned
by statute OF exercising over the per
sonnet thus exempted the power of
command vested in him by the consti-
tuition
''Convincted as l am Of the unWisdOm
of this provision and of its baneful eff
feet upon the discipline of the armv
doubling s l do. the power Of congress
wholly to exempt retired officers from
the control of the president. while de
claring them TO be A part of the regu-
lar army of the United States. ! am
CONTAINED TO return this bill without
my approval