Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1918-12-26
NATIONAL III GUARD IS
P|Rl'lACTlCAL / | J, Y WIPED Y / D
OUT BY new RULING
Guardsmen VIII Revert to
Civilian Status After They
Are Demobilized.
(By the associated Press)


(By the Associated Press)
Washington, Dec 24-An opin-
ion Of the judge advocate generals
office approved by the secretary Of
war holds that the officers and en-
listed men of the national guard will
revert to civilian status when dis
charged from the federal service.
The effect of this ruling practically
wipes out Of existence the national
guard as it was organized prior to the
war.
The opinion rendered by Brigadier
General Samuel T. Ansell, who has
been acting judge advocate general
since Major General Crowder was
appointed provost marshal general
to handle the draft, was made public
today by the war department..
General March, chief Of staff, on
December 40, 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
the digest of an opinion of the judge
advocate general dated January,
1918, in which it was stated that
when the guardsmen were mustered
OUT Of the federal service they would
revert to the militia status and also to
the status in the national guard.
General Ansell, in his opinion, points
out that the opinion was based on
the muster out and not upon dis
charge and says:
ss & Gas matter Of fact the opinion
in. the digest in which this sentence
occurs, holds, with the qualifications
that the draft of members of the ma
tional guard into the federal service
absolutely discharges from the mill
tia, which inelndss the national iona
guard: Furth thermore this on1ce has
held that q commission in the tenn
porary forces is incompatible with q
commission IN the national guard and
operates to cancel the commission in
the national guard. ,s
at is therefore the opinion Of this
office that the former members of the
national guard, both officers and en-
listed men, who. entered the service
In the draft under the presidents
proclamation of July 8, 1917, will,
when discharged from the federal
service. revert to the civilian status
and will not revert to their former
status as members of the national
guard
The practice of the war depart
ment since rehabilitation began has
been honorably to discharge men OF
the national guard from the service
just as regular national officers and
men discharged to return to peace
time pursuits II this was done in
every case. the result would be to
end the existence Of nearly every
!! guard unit in the country, except q
few organized after the guard was
drafted into federal service. Muster
out as unit without discharge may
make REORGANIZATION necessary.
This undoubtedly will be fought
insistently partly In the case Of; IA
nous guard organixati with treas
ured history and traditions. There
has. been no announcement 40 yet
sof the departments policy.
When the liberalization Of the ma
tionaI guard. was enacted In the ma
tiolal5 defense act OF 1915. dual
oath Of allegiance for members 81
that service was required, !, allegiance
primarily to the federal government
and secondarily to the state govern
mont, being sworn By officers and and
men alike when the oath was taken.
Every national guard unit Il the
country was required to subscribe
to this oath.
The Language OF the national de-
Sfense action, however. is specific IN
:statiag that when the national guard
saraft - peen. applied BY the presi--
dent. the member Of the guard are
3thea discharge "a from the militia of
sths country The purp pose aimed at
49, Z msksst the tional iusrd. after
ssdraaft, g q force that could sbe em-
sployled out Of the. country Rhich
,cepi1 not be- done under the consti-
tutisn, while its member RENAL
"a 10 mill
shinoW lssue ssss
l ne. Paul. Dec. a ffstes "a jutants
dsasraIsW.s i. RhinoW declare today,
thaf ths decision % the fudge adxo.t
cate general 81 Vashing ton does not