The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-12-25
NATIONAL GUARD
MEN WILL BECOME
CIVILIANS AGAIN
RULING WILL WIPE OUT THE
FORMER ORGAN
IZATIONS.
MIL|TIAMEN DISCHARGED
mastering Out as Units Will Be
Sought by Some Old Guard Bodies
Which Treasure Their History
and Traditions Most Highly

Washington, Dec 2+.-An opinion
OF the Judge advocate generals OF
flee approved by the secretary OF
war holds that officers and enlisted
men OF. the national guard will re-
vert to civilian status when dis
charged from the federal service.
The effect OF the ruling practically
is to wipe out OF existence the ma
tional guard as it was organized
prior to the war.
The opinion, rendered by Brig.
General Samuel r. Ansell, who has
been acting judge advocate general
since Major General Crowder was
appointed provost marshal general
to handle the draft was made pub
lie today by the war department.
Lose Their Status
General March, chief of staff, on
December 20, asked for an opinion
as to the status OF members Of the
national guard subsequent to their
discharge from the federal service.
His memorandum called attention
to a digest OF an opinion OF the
judge advocate general dated Janu-
AIRY, 1918, in which it was said that
when the guardsmen were "mus-
tered OUT OF the federal service
they would revert to their militia
status and also to their status in
the national guard.
Gen. Ansalls Opinion
General Ansel in his decision
pointed out that this opinion was
based upon muster out and not upon
discharge, and adds:
AS 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 SER
vice absolutely discharges him from
the militia, which includes the ma
tional guard. Furthermore, this Of
lice has held that commission in
the temporary forces is incompati-
bic with commission in the ma
tional guard and operates to cancel
the commission in the national
guard.
1T is therefore. the opinion OF
this Office, that former members OF
the national guard both officers and
enlisted men, who entered the ser
vice by draft under the presidents
proclamation OF July 3, 1917, will
when discharged from the federal
service, revert to civilian Statu,
and will not revert to their former
status as members OF the national
guard"
The practice Of the war depart
ment since demobilization began
has been to honorably discharge
men of the national guard from the
service just as regular and national
army men are discharged to return
to peace-timc pursuits. Ii this were
done in every case the result would
be to end the existence of nearly
every guard unit in the country eX-
ccpt a few organized after the guard
was drafted into the federal service.
Hope to Maintain Integrity
Mastering out as units without
discharges may make reorganiza.
ton unnecessary. This undoubted-
" will be sought insistently, par
ticularly in the case Of famous guard
organizations with treasured his
toriaus and traditions. There has
been no announcement as yet OF
the departments policy. When fed
eralized OF the national guard was
enacted under the national defense
act in 1910, a,dual oath OF allegi-
ance for the members OF that service
was required. allegiance primarily
to the federal government and sec
ondarily 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
stating that when the national
guard draft has been applied by the
president, the members OF the guard
are then discharged from the mill
tia 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
constitution while its members re-
mained in the militia.