The Birmingham age-herald., 1916-08-19
HAYS WHIM VETOED
 BY WILSON WHEN THE
 ARMY BILL IS KILLED
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A (Continued from Page One) promptly and directly the needs of dis cipline under modern conditions and many contingencies now frequently arise in the government of the military forces which were not contemplated when the present code was formulated. The relations of the government of the United States have greatly broadened within the hundred years. We now have insular possessions, and national inter- ests far away from our continental shores. Both the practice of arms and the theory of discipline have under gone many modern changes, and a man. ifest need for such revision of these articles as Is here presented has long existed. I, therefore, the more keenly regret to find in the proposed revision of the articles of war a provision to which I cannot give my approval
 "The original act establishing the re- tired list of the army referred to the personnel therein, included a only par tially retired, and provided that a re- tired officer should be entitled to wear the uniform of his high grade, should be borne on the army register and should be subect to the rules and ar ticles of war and to trial by general court-martial for any breach of these articles. By the act of July "A, 1878, of- ficers of the army on the retired list were specifically declared to constitute a part of the regular army, a 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 authority 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 restrictions whatever. Courts and attorneys general have in a long line of decisions held that officers of the army on the retired list hold public offices
 SHARP DISTINCTION
 Tt thus appears that both the legis- lative and judicial branches have drawn a sharp distinction in status between retired officers, who are regarded, reg ulated and governed at all times as effective reserves of skilled men as ex- perienced officers who are a potential source of military strength and mere pensioners from whom no further mili- tary service is expected. Officers on the retired list of the army are officers of the army, members of the military es- tablishment distinguished by their long service, and, as such, examples of dis
 ,r, I, 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 emer- gency by the mere order of the con- mander in chief.
 "They are, therefore, members of the army, officers of the United States. ex- emplar 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 relation, their subjection to the rules and articles of war and to trial by general court-martial have always been regarded as necessary, in order that the retired list might not become a source Of tenden- cies which would weaken the discipline 
 control over those forces which the com stitution vests in the President.
 PURPOSE OF ARTICLES
 ''The purpose of the articles of war in times of peace is to bring about uni formity in the application of military dis cipline which will make the entirehmm ization cohesive and effective and to en- gender a spirit of cooperation and proper subordination to authority which will in time of war instantly make the entire army unit in it's purpose of self sacrl- fee and devotion to duty In the na- tional defense These purposes cannot be accomplished if the retired officers, still
 A part of the military establishment. still relied upon to perform important duties are excluded upon retirement from the wholesome and unifying effect or this subiection to a common discipline. I am persuaded that officers upon the retired l list would themselves regard a an in
 vidious and unpalatable discrimination which in effect excluded them from full membership in the profession to which tbav have devoted their lives and of which by the laws of their country they arc still members So long as Congress sees fit to make the retired personnel a rart of the army of the United states, the constitutionality of the proposed ex- emption of such personnel from all lia- bilty under the artlcles or war IS d n'a ter of serious doubt, leaving the Presi- dent as it does without any means sanc- toned bv sta tute of exercising over the personnel thus exempted the power of command vested in him by the constitu- l tion.
 convinced as I am of the unwisdom of this provision. and of it's baneful ef-
 feet upon the discipline of the army; doubting as I do the power of Congress
 wholly to exempt retired officers iron, the control of the President while de- claring them to be a part of the regular army of the United States I am con strained to return this bill without my approval"