Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-12-27
WAR DEPARTMENT RULING PUTS
STATE GUARD COMPLETELY
OUT OF EXISTENCE.
LARGE NUMBER MAY
RE.ENLlsT ON RETURN
Problem Of Reorganization Considered
Extremely Simple-Work Already
Under Way In Some Statss--Many
TcehnieaIities involved in Ruling
and Order Might Be ovsrridden.
nRy e. G. Dougherty.l

Washington, Dec. 27.--The ruling Of
the judge advocate general Of the ar
my that members of the national
guard organizations drafted into the
federal service will revert>to their civ
ilian status when discharged from the
army will make it necessary for Iowa
and other states to start at the be-
ginning and build up new militia
forces -af
This explanation was made by Sec
rotary Of War Baker when questioned
regarding. the ruling made public a
few days ago.
Some states already have made a be-
ginning. In fac. the constitution OF
some states require them to maintain
a militia sorca and all states occupy
ing this status already have taken the
necessary steps. For example, New
York, under It's laws, is required to
maintain force of 10000 men.
The old Third Iowa regiment, now
The 16Sth with the Rainbow division,
on this basis, when discharged from
the federal service, will cease to be.
1: is assumed that large numbers of
guardsmen will Immediately reenlist in
the state forces. and the military prob
lem with regard TO the state troops is
considered relatively simple. There
fore it is anticipated here that many
states will lave real' military forces
after their troops are released from
the federal service since many men are
certain to desire to continue their mil
itary work.
Iowa as she has always maintained
a national guard organization Of high
efficiency is expected to be at the fore
front OF the nationwide plan Of reor-
ganizing new guard units. The men In
the 16Sth infantry regiment of seas
oned veterans undoubtedly will be Sc
lected by their particular communities
to head their new state troops and the
war departing 1t is prepared to- facili-
tate the reorganization of the state
militia wherever possible.
Technicaiities Involved.
The opinion of the judge advocate
general was sought by Secretary Bak-
er with view to clearing the atmos-
phere as to he status Of national
guard troops. 1t hinges on the differ
ence between the word cali and
draft" When President Wilson
called the national guard into the red
eral service for duty on the Mexican
border in 1916 the men were not draft
ed. When the United States cast It's
lot with the allies in 1917 the national
guard as a whole was drafted for led
eral service. AS drafted forces the
guard lost it's state status entirely ana
c,r seduently when discharged its MEM
bers revert to civilian status instead
of going back to a state military stat
us. In other words drafted national
guard units bea the same. relation as
other drafted men to the army all
having been called into the service TOR
the emergency.
There is a loophole through which 1t
may be possible to keep national guar'i
urits intact IN the opinion of military
men here TO date all men released
from the army have been discharged
rather than mustered out Ordinari-
~ these terms are synonymous. but
it is pointed out that there is a real
distinction between them. In other
words the old Third Iowa regiment
upon it's arrival in this country may
be given the option of muster out OF
the federal service or absolute dis
charge from the army. If they>choose
muster out they may be retained In
the state military status.
It is believed. however, that the war
department will leave this decision to
the men, rather than to the state au-
thorities, since the view is held that
eyery man drafted into the federal
service is entitled to receive the same
treatment upon terminating his service
with the colors.