The Washington herald., 1916-08-27
ARMY AND NAVY NEWS
Best Service Column in city.

The restoration of the office of in
spectoT of small arms practice in Ma
tonal Guard organizations, which was
abolished by the national defense act of
June 3, Is deemed inadvisable by Secre-
,, tary OF War Baker.
The office of inspector OF small arms
practice" says Secretary Baker. has no
tactical function when the National
Guard Is called into Federal service, and
at other times the duties which have
been performed by the incumbents Of the
ofice properly pertain to regimental
officers
The observation of the War Depart
ment indicates that generally the exist
ence of the office has in the past re-
lieVed regimental officers from a sense
of responsibility for the instruction of
tant work, and sometimes has resulted
| in conflict and interference
with the pay allowance provided by
the national defense act. company and
regimental officers should be required
to devote the necessary time and at
tention to the instruction of their or
ganization. II special supervisor OF
target practice is desired in particular
cases. there seems to be no reason why
the duty cannot be performed by stan
and other officers of the regiments.
The War Department appreciates the
unfortunate position OF those inspectors
of small arms practice who were muster
ed into the Federal service before the
provisions of the national defense act
on this subject were generally under
stood.
1T is believed, however, that the prop
er remedy to be applied to these cases
Is to provide for their appointment TO
other offices in which vacancies may
exist. Such appointments are. of course.
| in the hands OF the governors Of the
States. 1t is believed that as officers
of the former organized militia, inspec-
tors of small arms practice were, under
provisions Of the national defense act,
eligible to be placed on the reserve or
unassigned list of the National Guard,
and they should now be held to be in
that status from which they may be
appointed to any vacancy now existent in
the active National Guard.
The view of the War Department
is that. while the office Of inspector
of small-arms practice was in effect
abolished by the national defense act,
1t was not the intention of the act to
legislate the incumbents out Of office
in the National Guard, nor 10 limit
the period of adjustment to a moment
Of time"
definite policy relative TO the COM
position OF courts-martial for the trial
of militiamen has been announced by
the War Department. II is important
| in view of the large number of
Guardsmen who are TO be tried be-
cause Of failure to present themselves
for muster in response to President
Wilson's call to arms
The Dick bill, prescribing that tho
majority membership of courts-inar-
tial for the trial % officers OF men OF
the militia when in the service Of the
| United States shall be composed Of
militia officers, Is regarded as having
no reference to militia who have rot
entered in the service OF The Federal
government. but who are in the a:ti-
tude of refusing to present themselves
| for muster.
The United States Supreme Court
has held that the Jurisdiction eXer-
cised over such persons is quite other
than the jurisdiction exercised VIII n
those officers have entered .he Ferv-
ice OF the United Statos. The decision
of the court was un,nis aEaoiV on the
point that trials o< militiame7 for
disobeying the call or, in the language
of the Dick bill. for refusing to pre-
sent themselves for muster. are not
covered by the code of Articles OF
War.
1t is held, therefore. that there Is 10
legal necessity for a majority CT the
membership Of the courts martial for
the trials in reference to be composed
of militia officers. 1t is considered,
however. that it would be well to con-
stitute courts-martial for such cases
with a majority of their membership
composed of militia ofrlaers, but where
great expense and inconvenience at
taches to the observance of this pol
icy, It may be departed from.