The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-24
Opinion Rendered by Judge
Advocate Generals Office
Holds Officers and Men VIII
Revert to Civilian Status.
PRACTICALLY ENDS OLD
PRE-WAR ORGANIZATION
Ruling, Based Upon Mastering
Out Of Troops, Will Keep In
tact Only Units Formed
After Others Were Drafted.

WASHINGTON Dec. 24,--An opinion
or the judge advocate generals office,
approved by the secretary Of war, holds
that officers and enlisted men of the
national guard win revert to civilian
status when discharged from the federal
service Tho effect of the ruling prac-
ticaly Is to wipe out OF existence the
national guard RS II was organized
prior to the war
The opinion rendered by Brig. Gen.
Samuel T. AnsQl, who has been acting
Judge advocate general since Maj Gen.
Crowdec was appointed provost marshall
general TO handle the draft, was made
public today by the war department,
Gen March, CHIEF OF atati ON Dee, %
asked for an opinion as to the status
Of members Of the national guard sub
soqucnt TO their discharge from the
federal service, His memorandum called
attention to digest Of an opinion Of
the judge advocate general last Janu.
airy IN which It 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 tho national guard.
Gen. Ansell In HIS opiniea, points out
that thlS opinion was based upon the
muster out and not upon discharge, and
adaod
"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 service absolutely dis
charges him from the militia, which inr
cludes the national guard Further
more, this office has held that con-
mission In the temporary forces Is in
compatible with n commission In the
national guard and operates to cancel
the commission in the national guard.
1T is, therefore, the opinion Of this
"A. "a
tional guard, both officers and enlisted
men, who entered the service by draft
under the presidents proclamation OF
July 3, 1917, will, when discharged from
the federal service, revert to a civilian
status and will not tavort TO their for
mer status as members Of the national
guard"
How It Works.
The practice Of tho war department
since rehabilitation began has heen 10
honorably discharge men OF the ma.
! llonAl guard frQnl the Serplee lust r-5GS.
fya Rr ahd rational HtryF lJicp aio disss
ehhtked 20 return 70 Tieaae-titRe pur.I
suits, II this we're done In every easa
tho result would be TO end the existehee
OF nearly every guard unit in the ooun-
try except few organized after tha
guard was drafted into the federal ser
Vice.
muSteflHE out as units without dis
charges may make reorganization un-
necessary. This undoubtedly viii bo
sought tnsistontly, particularly in the
case OF famous guard organizations with
treasured histories and traditions,
There has been no announcement as Vet
of the department policy.
When Generalization Of the national
guard was enacted in the national de-
Tense act of 1916 dual oath of allie
glance for the members of that service
was required, allegiance primarily t0
the federal government and sccundartly
to the state government being sworn
by officers and men alike when their
oaths werC taken Every national guard
unit IN the country was required to sub
scribe to this oath
The language Of the national defenss
act however Is specific In stating that
whom the national guard draft has hccu
applied by the president, the member.
of the guard are then discharged frop'
the militia Of the country. The purpose
aimed at was to make the national
guard after the draft force that could
be employed outside the country which
could not be done under the con-
sttutIon while its members remained in
the militia.