The Hawaiian gazette., 1916-08-15
new Defense ACT
IGNORES INSPECTOR
Law Makes No Provision For
Maintenance Of Small Arms
Officer In National Guard

Inspectors of small arms practise are .
finished in militia Organizations that
have qualified as national guard under
the act Of June 3, 1915, and have been
brought into the service of the United
states. This is the gist Of an author.
ltauve opinion on the subject, the Of.
feet of which will be to deprive quite
number of officers Of commissions in
the national guards of the various
states that have sent organizations to
the border for duty as national guard
in the service of the United States.
Under the old militia law provision
was made for one inspector of small
arms practise with each organized di.
vision of militia who should hold the
rank of lieutenant: colonel; each brRaIf-l
lied brigade was entitled to an inspec.
tor of small arms practise with the
| rank of major; each regiment Of in.
fantry or cavalry could have an add.
tiOnal captain as inspector Of small
arms practise, and each separate uh.
assigned battalion Of infantry, cavaIry
or engineers was entitled 70 a hrst lieu.
tenant as an assistant inspector OF
small arms practise. .'ei
The duty of inspector Of small arms
practise in a department in the reRu.
lar army is usually performed by a first
lieutenant, as the regulations prescribe
that these duties are to be performed
| by one of the aides to the command.
| ing general.
Their Status a Problem
When the newly created Militia
Bureau began to look about itself TO
, get its bearings under the new nation.
al defense act, it ran up against the
proposition Of all these inspectors of
small arms practise with good, fat
grades, up to lieutenant colonel, and
with the necessity for q call into the
service of national guardsmen, the
question as to the status Of these in.
spectors. under the new law presented
itself for solution and was referred to
the legal pilot Of the war department,
the Judge Advocate General Of the
Army, for opinion.
The questions presented to him were:
| What is the status of inspectors of
small arms practise in organizations
which have qualified under the act ap-
proved June ;, 1916, as national guards.
men and have been brought into the
service Of the United States under the
President s call Of June Is, 1915, and
what will be the answer to this ques-
romnosed nartIv ~ national onard and
party OF orqanized militiai
The national defense Law referrad IN
reouires that the national onar6 con.
| ,orm in orpabization. Armament and
discinline to that which ia now or NAV
hereafter he prescribed for the re0n.
ar army. subject in time Of neaee 70
such general Sxcentions as nav he nm.
thorized bv the Secretary of War lint
does not provide for the inspectors- Of
small arms nraetise M Tefsyred 20
above. and the opinion states that there
being no speeifc authority for such
inspectors elsewhere in the national
defense act, it seems evident that none
were intended to be proyided for.
Judge Advocates Opinion
After reviewinp the law on the suh
iect, the Judge advocate general an.
swers the questions in the following
language:
The effect Of the qualification Of the
organizations under the National De.
fe1se Act Of June 2 1916. was IN aim.
mate from the respective Organizations
of the national guard the inspectors of
small arms practise authorized under
the Dick bill. The President q call Of
June lS, 1915, was directed to the or.
panihed militia and to the national
guard; and such organizations AZ ouRl.
fled under the National Defense Act
approved June 3. 1915. are in the ser
vice as organizations of the national
guard called into the service Of the
United States as specified in section
lUl of the National Defense Act. 1t
follows that the ipspeetor of small arm.
practise is no part of the Organization
Of the national guard as authorized by
the National Defense Act. and that tAa
effect of the qualification was to elm
;pate such an officer from the oroani.
zation. the office being abolished
"He il not. therefore. in the service
Of the United States under the Presi
dent's call Of June IL. 1916.
.Where the organizations in the ser