The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-24
Adjutant General Believes
Guard Will ReOrganize.
Says Ruling of Judge Advocate
Does Not Apply Here.
WAR DEPARTMENT HEARD
Officers and Men in Guard Will
Be Civilians
When They Are Released by
Federal Government.

Washington, Dec 24.-An opinion
of the judge advocate generals office
approved by the secretary of war holds
that officers and enlisted men of the
national guard will revert to civilian
status when discharged from the fed
eral service. The effect of the ruling
practically is to wipe out of existence
the national guard as it was organized
prior to the war.
The opinion, rendered by Brig. Gen.
Samuel T. Ansell, who has been acting
judge advocate general since Major
General Crowder was appointed pro-
vost marshal general to handle the
draft was made public today by the
war department.
General March, chief Of staff, on
December 20, asked for an opinion as
to the status of members of the Ma
tional guard, subsequent to their dis
charge from the federal service. His
memorandum called attention to d.
gest of an opinion of the judge advo-
cate general dated January, 1918, in
which it was said that when the
guardsmen were mustered OUT of
the service they would revert to their
militia status and also to their status
in the National guard.
General Ansell in giving his deci-
sion. pointed out that this opinion was
based upon muster out and not upon
discharge and adds:
All Back to Civilians.
GAS a matter of fact, the opinion
in the digest in which this sentence
occurs holds without qualification
that the draft of member of the
National guard into the federal serv-
ice absolutely discharges him from
the militia. which includes the Ma
tional guard. Furthermore, this office
has held that a commission in the
temporary forces is incompatible with
a commission in the National guard
and operates to cancel the commits
sion in the National guard.
1T is, therefore, the opinion Of
this office that former members of the
National guard, both officers and en-
listed men. who entered the service
by draft under the presidents procla-
nation of July 8, 1917, when dis
charged from the federal service, re-
vert to a civilian status and will not
revert to their former status as men,
bers of the National guard" -
The practice of the war department
since rehabilitation began has been
to honorably discharge men of the ma
tional guard from the service, just as
regular and national army men are
discharged, to return 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.
Mastering out as units without dis
charges may make reorganization un-
necessary. This undoubtedly wfH be
sought insistently, particularly in the
case of famous guard organizations
with treasured histories and traditions.
There has been no announcement as
yet of the departments policy.
When liberalization Of the national
guard was enacted in the. national
defense act of 1916 dual oath of
allegiance for the members Of that
service was required, allegiance pri-
marily to the federal government and
secOndarily to the state government,
being sworn by officers and men alike
when their oaths were taken. Every
national guard unit in the country was
required to subscribe to this OATH
The language of the national de-
fense act, however, is specific in stat
ing that when the national guard
dent the members of the guard are
then discharged from the militia of
the country. The purpose aimed at
was to make the national guard after
draft a force that could be employed
outside the country, which could not
be done under the constitution while
it's members remained in the militia.
AS interpreted at the adjutant gen.
erals office here, the opinion of the
judge advocate general, announced to-
day in an Associated Press dispatch.
affects only the status of the nation-
al guardsmen in the federal service,
and has no bearing on the organiza-
ton as now maintained. It merely
settled the disputed point whether the
guardsman now in the federal army,
upon discharge, would revert to his
! former standing in the national
guards, or to the status of civilian. The
decision makes the way clear for the
state to go ahead and reorganize the
national guard on the basis already
| started, one new regiment having all
ready been formed-the Fourth.