The Barre daily times. (Barre, Vt.) 1897-1959, 1918-12-24
CALL OF GOVT. WIPES
OUT STATE MILITIA
All Who Were Drafted I'M
der the Presidents Proc
lamation of July 3, 1917,
Will Be Affected by the
New Interpretation.

Washington, D. c., Dec. 24.An opin-
ion of the judge advocate generals Office,
approved by the secretary Of war, holds
that officers and enlisted men of the Ma
sional Guard will revert to civilian stat
us when discharged from the federal
service The effect of the ruling prac-
tieally is TO wipe out the existence of the
National Guard as it was organized prior
ia the war.
The opinion, rendered by Brigadier
General Samuel T. Ansel, who has been
acting judge advocate general since Ma
jor General Crowder was appointed pro-
vost marshal to handle the draft, was
made public to-day by the war depart
ment.
General March, chief Of staff, on Dec.
20, asked for an opinion as to the status
of members of the National Guard sub
sequent TO their discharge from the fed.
eral service. His memorandum called
attention to a digest Of an opinion of
the judge advocate general dated Jan
uary, 1918, in which it was said that
when the guardsmen were mustered
OUT of the federal service they would
revert to their militia status and also to
their status in the National Guard.
General Ansell in his decision pointed
out that this opinion was based on mus
Ter out and not upon discharge, and add
ed
''As matter Of fact, the opinion in
the digest in which this sentence occurs
holds without qualification that the
draft of a member Of the National Guard
into the federal service absolutely dis
charges him from the militia, which in
eludes the National Guard Further
more, this office has held that a commits
sion in the temporary forces is incom-
patible with a commission in the Nation
al Guard and operates to cancel the
commission in the National Guard
1t is, therefore, the opinion of this
office that former members of the Ma
tion Guard, both officers and enlisted
men, who entered the service by draft
under the presidents proclamation of
July 3, 1917, will, when discharged from
the federal service, revert to a civilian
status and viii not revert to their for
IHEI sbdluS dS ultUlDtIH VI lut NhLlOUdl
Guard"
The practice of the war department
since rehabilitation began has been to
give honorable discharges to men of the
National Guard just as regular and ma.
tional army men are discharged to re-
turn to peace-time pursuits. If this were
done in every case the result would be
to end the existence of nearly every
guard unit in the country except few
organized after the guard was drafted
into the federal service
Some State Guards May Seek to Retain
Identity.
Mastering out as units without dis
icharge may make reorganization unnec-
lessary. This undoubtedly will be sought
insistently, particularly in the case of
famous guard organizations with treas
ured histories and traditions. There has
been no announcement as yet of the de-
partment's policy.
When federation of the National
Guard was enacted in the national de-
tense act of 1916, a dual oath of al
legiance for the members of that service
was required, allegiance primarily to the
federal government and secondarily to
the state government being sworn by
officers and men alike.
The language Of the national defense
act, however, is specific in stating that
when the National Guard draft has been
applied by the president, the members
of the guard then are discharged from
the militia of the country, The purpose
aimed at was to make the National
Guard after draft force that could be
employed outside the country, which
could not be done under the constitu-
tion while its members remained in the
militia.