The Richmond Virginian. (Richmond, Va.) 1910-1920, 1918-12-27
Return National
Guard to Civil Life

Members Indicted into Federal Serv-
tcc VIII. Upon Their Discharge.
Become Privase citizens.
Washington, Dec. 2s.---Interesung
# pcrpicxinE. questions are likely TO
arise In the various states over a de-
cision by the judge advocate generals
Office that members Of the national
guard drafted into the federal service
will. upon their discharge, become
private citizens.
The opinion, prepared by General
Anseil. acting Judge advocate general,
and approved by Secretary Baker.
holds that such officers. as we'll as
enlisted men. will not revert to their
former status as mem bere Of the ma
tional guard
1t appears that the ruling does not
apply to a muster out of the Federal
Service Of National Guard units after
a call into the federal service. but
only to a discharge OF former mem
bars Of state. militia organizations.
who were drafted" into the federal
service. The opinion draws clear
distinction between individual men,
bers who are discharged and units
which sare mustered out. Referring
to the former class, 1t stated
lit 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 proc
lamation of July s. 1917, will, when
discharged from the service. revert
to a civilian status and will not re-
vert to their former status as MEM
bers of the national guard"
Governmental Procedure.
Up to the present the practice Of
the war department has been to dis
charge former members OF the ma
tional guard in The same manner az
the regular and national army SOL
diers arc discharged and not to mus
ter-out entire outfits.
The objection has been raised that
a continuance OF this practice. under
the ruling announced today, would
mean the practical wiping out Of ma
tional guard organizations. so far az
their pre-war perso1yel and men,
bership iae concerned. OF course, the
ruling does not affect the general
status of the various state national
guard organizations. 1t fs intended
to apply to- former euardsInen who
were drafted into the federal service
and subsequently discharged from the
United States army.
Another question which has been
suggested liz Just how far the decis-
ion of the Judge advocate general is
binding on the state organizations
Under the ruling. every guardHman
woh has served overseas and in the
training camps on this side, would
have TO re-enrfst in his regiment IN
order to re-establish and preserve his
former military status In the militia,
The opinion caused considerable sur
prise In national guard circles, in
view OF a former ruling. under date
Of January. 1918. applicable to units
! mustered out which appears to
have been generally construed as ap-
ulying also to discharged members
who had been drafted into the service
Definition Of Prior Ruling.
This prior ruling defined muster
OUT to mean a release from federal
service under the cal1 only and does
not affect enlistment contracts OF
members of the national guard
It held that ruartsmen thus mus
tered out automatically reverted tc
the status In the national guard Or
called into the national guard organ
! izasfons in which they were wher
called into the service OF the United
| States.
General Ansell. in his opinion rs.
sued today affirms the soundness OF
the former ruling and points out the
distinction he makes between mus
tcr-oTIt after a call to the service and
a discharge after a draft.
ut Is pointed out that the draft
guard organizations did not neeessar-
into the Federal service of national
iiy destroy the entity OF the varfSus
| re sfteSs IL tiita, sdssifef ID EoHst4ssfe
their existence under their state laws
with new members for various pur-
| pose -ef-hnme- defense Mithin-theil
own borders IT did. however. alb
solutaly discharge from the militia in
dividuals who were members OF the
guard at the time of the draft.
1t IS believed therefore, that the
national guard regiments will expert
ence no difficulty In retaining their
identity OF personnel. except that
former members drafted into the
Federal service after their discharge
will have to go through the formality
of re-enlisting.