New Britain herald., 1916-08-18
PRESIDENT VET0ES
 HAYS ARMY BILL
Continued from First Page.)

should be subject to the rules and articles of war and to trial by general court-martial for any breach of these articles. By the act of July "A, 1876, officers of the army on the retired list were specifically declared to con- stitute a part of the regular army, a provision which is found repeated in subsequent acts affecting the organi- zation of the army; and other statutes enacted during this period made re- tired officers of the army available for certain classes of active duty, in time of peace with their consent, and in time of war without their consent. By the recently enacted national de- fense act, the authority of the presi- dent over retired officers has been further extended so as to make them subject to his call in time of war for any kind of duty without any restric- tlOn whatever Courts and attorneys general have in long line of deci- slons held that officers of the list on retired list hold public office.
 Tt thus appears that both the leg islative and judicial branches have drawn a sharp distinction in status between retired officers, who are re- garded and governed at all times as an effective reserve of skilled and ex- perienced officers and a potential source of military strength, and mere pensioners, from whom no further military service is expected. Officers on the retired list of the army are officers of the army, members of the military establishment distinguished by their long service, and, as such, examples of discipline to the off cers and men in the active army 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- lishment, and they are subject to ac- tive duty in time of national emer- gency by the mere order of the com mander in chief.
 They are therefore, members of the army, officers of the United States, exemplars of discipline and have in their keeping the good name and the good spirit of the entire military es-
 
 cupying such a relation, the. sub- jection to the rules and articles of war and to trial by general court martial have always been regarded as necessary, in order that the re- tired list might not become a source of tendencies which would weaken the discipline of the active land forces and impair that control over those forces which the constitution vests l In the president.
 Purposes of Articles of War. :,
 "The purpose of the articles of | war in times of peace is to bring l about a uniformity In the application of military discipline which will make the entire organization coherent and effective and to engender 8 spirit of cooperation and proper subordina- tion of authority which will in time of war instantly make the entire army a unit in its purpose of self-sacrifice and devotion to duty in the national defense. These purposes cannot be accomplished if the retired officers, still a part of the military establish ment still relied upon to perform important duties are excluded, upon retirement, from the wholesome and unifying effect of this subjection to common discipline. I am persuaded that officers upon the retired list would themselves regard as an in- vidious and unpalatable discrimina- ton which in effect excluded them from full mem bership in the pro- fession to which they have devoted their lives, and of which, by the laws of their country, they are still members. So long as congress sees fit to make the retired personnel part of the army of the United States, the constitutionality of the proposed exemption of such personnel from all liability under the articles of war is a matter of serious doubt, leaving the president, as 1t does, without any means sanctioned by statute of ex- ercising over the personnel thus ex- empted the power of command vested in him by the constitution.
 "Convinced as I am of the unwis- dom of this provision and of it's baneful effect upon the discipline of the army; doubting, as l do, the pow CT of congress wholly to exempt re- tired officers from the control of the president while declaring them to be a part of the regular army of the United States, I am constrained to re- turn, this bill without my approval
 There have been broad intimations that the revision which proposed to remove retired officers from the jur isdiction of courts martial was In the interest of a certain retired officer who was waiting for @ time when bo uOu1d be inTnnue from discipline to make a public attack on the army. toned in connection with the report was while in service, very active in legislation affecting the army.
 Tho nresidant,S veto the bill Is