New Britain herald., 1916-06-26
C0NGRESSMEN MUST
 TAKE THEIR CHOICE
Subcommittee Said to Oppose
 Their Holding Two Jobs
(Special to the Herald.) )

tune lo."I I6 SLdCI- ment of the new national defense law, the calling out of the national guard for duty in connection with the Mexi- can imbroglio, and the authority granted to draft them into the federal service for duty abroad if necessary have raised a number of questions of interest to New England members of the national guard and to some New England members of congress. One of these will not be formally reported upon to congress until to- day, but it is understood that it has been decided upon by a sub-commit- tee of the house Judiciary committee that was appointed a. week or two ago to consider the matter That body has decided, it is understood, that a mem- Der of congress cannot serve as an enlisted man or officer in the national guard, even in time of peace. This de- cision, it is believed, will be approved by the full committee on the judiciary. However, that is not definitely settled. The question was raised after the passage of the national defense act, which provides for federalizing the na- tional guard and for the federal gov ernment paying it's officers and men, The question: was suggested by Repre- sentative Mann of Illinois, the repub- 1ican leader of the house, who intro duced a resolution asking for an in- vestigation by the judiciary commit tee. He did so because several mem bers of congress had consulted with him about the propriety of members of the house continuing in the nation al guard, in view of the pay provision of the law. These members had in mind the federal constitutional pro- hibition against a member of congress holding any other office under the fed era1 government.
 Among the men directly affected by the proposition were Senator Wads- worth of New York, who belonged to a cavalry troop in his state; Represen- tative Tilson of Connecticut Repre- sentative Nichols of South Carolina, Chiperfeld of Illinois, and others
 Wadsworth Resigns From Militia.
 Before the committee could reach conclusion about the matter the Mex ican situation became critical and the
 
 guard. This presented new complica- tions. Tn view of them Senator Wads- worth resigned his connection with the militia. His regiment had been called out.
 Representative Chiperfield took the position that if a member of congress were called out with his national guard organization he should resign either from congress or from the militia, which, since being called out, assumes the status of federal forces. But Chip erfield is judge advocate of Illinois and was not called out so he did not con- template resigning.
 Representative Tilson of Connecti- cut also reached the conclusion that actively in the national guard after it is called out by the president for fed eral duty
 It was a big surprise to members of congress to hear that the Judiciary subcommittee thought they could not serve in the militia even in time of peace and when the militia is not called into federal service. Not all of them are willing to accept this dictum
 The committees position is under
 
 for congressman to serve in an or ganization of purely state troops. The new national defense act, however, un- dertakes to convert the state militia or national guard into a federalized body of men. This is not so complete ly done, of course, that the guard ceases to be a state force except when called out by the president. How ', ir; to pay of militiamen, equipment, SUD- ply, instruction and inspection of the guard by federal authority. and their subJectlon to various army regulations and requirements do appear to give the militia certain status under the federal government, unless the courts shall determine in some contested case I4that the national defense law is void because it seeks to get around the pro- visions of the federal constitution holding that the militia or national guard are state troops
 The theory of the national defense law seems to be that as it's provisions for federalizing the militia are per- missive,, and were favored by the na- t1onal guard when pending before con- gress and merely exact certain re- quirements and conditions of federal control in return for federal assist ance in the form of pay, equipment 1 instruction, etc., there is no violation of the constitution.
 But the subcommittee of judiciary | IS said to be convinced that the na- tional guard, so far as it comes under | the national defense law, is in effect a federal force. Therefore, the com 1 mlttee is understood to have found that it is not lawful for a member of congress to remain in the federalized militia, even in time of peace