New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-08-19

Of war, and TO trial by general court
martial for any breach Of these
articles. BY the act of July "a, 1876,
officers Of tho 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 organization 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 with
out their consent. BY the recently en-
acted national defence act, the au-
thority Of the President 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 restriction whatever
Courts and attorneys general have IN
a long line of decisions held that ON
GERS of the army on the retired list
hold public Office.
Sharp Distinction Drawn.
at thus appears that both the legis-
lstive 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-
perenced officers and potential
source OF military strength, and mere
pensioners. from whom no further
military service is expected. OfcerS
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 Office 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 represent the spirit
Of the military establishment, and they
are subject TO active duty in time Of
national emergency By the mere order
of the commander in chief.
Danger 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 gem
eral court martial have always been re-
garded as necessary in order that the
retired list might not become a sources
Of tendencies which would weaken the
discipline of the active land forces and
impair that control over those forces
which the Constitution vests in the
President.
"The purpose of the articles of war
in times of peace is to bring about a
uniformity in the application OF mill
tary discipline which will make the en-
tire organization coherent and effective
and 10 engender a spirit of cooperation
and proper subordination 10 authority
which will in time of war instantly
make the entire army a unit in its .pur-
pose of self-sacrihce and devotion 20
duty in the national defence. These
purposes cannot be accomplished il the
re fred officers, still a part of the mill
tary establishment, still relied upon TO
perform important duties, are excluded,
upon retirement, from the wholesome
and unifying effect OF this subJection
10 q common discipline.
Fear OF Discrimination.
81 am persuaded that officers upon
the retired list would themselves re
gard il as an invidious and unpalatable
discrimination which in effect excluded
them from full membership 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 Mt to make
the retired personnel a part OF the
army of the United States. the eonsti-
..t:... II 81. cvcrcaAA sYemDt in n