The Hawaiian gazette., 1916-07-21
Acting Judge Advocate Hawaiian
Department Says War Office
Decision Settles Point
NEW DEFENSE MEASURE
LEAVES STATUS ALONE
Brigadier-G General johnson Ac-
Il cepts Interpretation Of Ruling ,
and Explains Position

Capt. Games A. Gallogly, acting Judge
advocate Of the Hawaiian Department,
after looking into the question Of the
effect, ofythc, decision of ting Judge nd.
yocate-general of the army, as printed
in The Advertiser Yesterday morning,
finds that Brighten Samuel I. johnson,
as adiutant. general Of the Territory,
is not member of the national guard,
but territorial official, pure and sim
pie, without standing in the federal
organization, such as the guard be-
comes under the new National Defense
Captain GalloEly declares that in his
opinion the provision, mentioned in
section 66 of the act providing that
ARCHAEOLOGICAL of territories and the
District % Columbia shall be appoint.
ed by the President, and shall be
bona fde residents of the territories in
which they are so appointed, does not
in any sense Of the word change the
general intent of the act, which is to
keep the office of adjutant- general Sc
parate and distinct from the national
guard, and as state, district or ter.
ritorial Office only.
No Exception Is Made
In an interview given yesterday
afternoon, to q. reporter of The ,Ad.
vfrtiser, Captain GalIogIy corrected the
impression that had gone abroad that
the act made special exception in the
case of the adjutant general of the
Territory Of Hawaii.
1.-THE whole mass of laws affecting
the national guard and the army as a
WHOLE" said the acting judge ad-
voGate, 'has been to indicate that the
national law givers have felt that the
office Of the adjutant- general is Sc.
parate and distinct from the national
guard. A. tho judge advocate general
OF the army says in the opinion which,
The Advertiser printed this morning.
the essential feature Of the national
guard is that it. is an organization for
the defense of the nation. The Office
of the adjutant- general with its well
recognized and well understood duties,
does not fall within this scope.
"In fact, as has been pointed out in
many previous opinions, the adjutant-
general IF a State, Territory or Dis
trict Is really in the position of 'an
organizer Of victory His duties are
such that there is no place for him in
the field. The make up Of the army
does not include him.
One Rank Not Included
1.-The new NationalI Defense Act
takes full cognizance of this fact, and
realizing that to take him from the
service of the State at the time of
crisis would be n mistake, it also rea-
Lies that there is no obligation upon
the national government to pay him.
of assistant to the adjutant general
here. 1t may make clearer the atti-
tude of the government when / say
that under the law he is a member of
the national guard and entitled to draw
his pay as a major, $3.50 a year, or one
half the pay of a captain in active
command of company, for he would
have to go to the front should the
guard here be called upon to do so.
In other words the government pays
the guardsmen as a sort of insurance
thnt it will have an efficient body Of
men ready for service should the need
arise.
"This, I take it, is the fundamental
theory under which the defense act is
based, and as the adjutant general of
this Territory would not be called up
on to go to the front, being needed
more as an organizer than as com,
mander or fighter, his pay is left to
the territorial government
General johnson Shows Status
When Adjutant General johnson was
told of Captain Gallogly's opinion, he
said:
doubtless Captain Gallogly is right.
Certainly do not wish to dispute legal
or technical knowledge, but so far as
] am personally concerned hold a
commission as brigadier- general in the
territorial militia. Incidentally, / am
also chief of the Governor 3 staff, so
that I have two offices under the Ter
ritOry-chief of staff and brgudier-
general of the national guard. Under
the President I hold, or shall hold, the
position of Acknowledgment. As ad-
iutant general | have no authority over
the guard am what might be called
the Governor mouthpiece or, if you
prefer it, the Governors clerk. As
brigadier general of the guard am
in command of the guard under Gov.