The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1918-12-24
JUDGE ADVOCATE WIPES
OUT NATIONAL GUARDS
RULING OF BRIG. GEN. AN
SELL MADE PUBLIC.
Officers and Enlisted Men Re-
vert to Civilian Status
When DISCHARGED.

! Washington. Dec. ?4.-An opinion
Iof 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 federal service. The effect OF
the ruling practically Is to wipe out
of existence the national guard as 1t
was organized prior to the war.
The opinion. rendered by Brig
Gen. Samuel T. Ansell. who has been
acting Judge advocate-general since
Mai Gen. Crowder was appointed
provost marshal general to handle
the draft, was made public today by
the war department.
Gen. March, chief of staff, on Dec.
20 asked for an opinion as to the
status of members of the national
guard subsequent to their discharge
from the federal service. His men,
orandum called attention to digest
OF an opinion of the judge advocate
general last January, in which 1t 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.
Not Based on Discharge.
Gen. Ansell in his decision points
',nGster n G out aad SSR mon no 'asiahkis
.As a matter of Fact. the opinion
in the digest in which this sentence
occurs holds wiout qualification that
the draft of a member of the ma
tional guard into the federal service
absolutely discharges him from the
militia, which includes the national
guard. Furthermore. this office has
held tfat a commission in the tenn
porary forces is incompatible with a
commission in the national guard and
operates to cancel the commission in
the national guard.
"It is. therefore, the opinion OF this
office that former members of the ma
tional guard. both officers and en-
listed men, who entered the service
by draft under the presidents proc
lamation of July 3, 1917. will. when
discharged from the federal service.
revert to a civilian status and will
not revert to their former status as
members of the national guard"
War Department Practice.
The practice of the war depart
mcnt since rehabilitation began has
been to honorably discharge men Of
the national guard from the service
just as regular and national army
man 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 eX-
cept n few organized after the guard
was drafted into federal service.
mastering out as units without
discharges may make reorganization
This undoubtedly will
be sought insistently particularly in
the case OF famous guard organiza-
tions with treasured histories and
traditions. There has been no an
as yet of the depart
ment's policy.
When liberalization OF the ma
tional guard was enacted in the ma
tional defense act of 1915 dual oath
of allegiance for the members of that
service was required, allegiance pri-
marily to the federal government
and secondary to the state govern
ment, being sworn to by officers and
meh alike when their oaths were
taken. Every national guard unit in
the country was required to sub
scribe to this oath.
Handicap Of System.
The language OF the national de-
fense act. however. is specific in
stating that when the national
guard draft had been applied by the
president the members Of the guard
then are discharged from the mill ,
tia of the country. The purpose |
aimed at was to make the national
guard after draft a force which |
could be employed outside of the |
which could not be done ,'n-
Ter the constitution while its mem-
,ers remained in the militia.