Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1918-12-24

opinion OF the Judge advocate
generals Office approved by the
secretary OF war holds that Oiii-
GERS and enlisted men OF the
national guard will revert 70
civilian status when discharged
from the federal service. The
eject Of the ruling particularly
is TO wipe out of existence the
national guard as it was organ
lied prior to the war.
The opinion, rendered by Briga-
der General Samuel T. Ansell, who
has been acting judge advocate gen
eral since Major General Crowder
was appointed provost marshal gen
eral 10 handle the draft, was made
public today by the war depart
ment
General March, chief OF star, on
Dec. 20 asked for an opinion as 20
the status of members OF the ma
tional guard subsequent 10 their
discharge from the federal service
His memorandum called attention
20 a digest of an opinion OF the
Judge advocate general, dated Jan
aary, 1918, In which it was said thar
when the guardsmen were mus
tered out" of the federal service
they would revert TO their militia
statls and also TO their status i'm
the national guard.
Cancels Guard Commission.
General Ansell, I'm his decision,
pointed out that this opinion was
based upon muster out and not
upon discharge, and added:
'As a matter Of fact the opinion
in the digest in winch this sentence
occurs holds without qualification
that the draft Of a member of the
national guard into the federal scr
vice absolutely discharges him from
the militia, which includes the ma
tiOnal guard. Furthermore this Of
fee has held that commission I'm
the temporary forces Is iuc0mpati-
BILE with commission In the ma
tiOnal guard and operates 10 cancel
the commission I'm the national
guaTd
Lose Military Status.
at is, therefore, the opinion Of
this Office that former members of
the national guard, both officers
and enlisted men. who entered the
service by draft under the prest-
dents proclamation of July 3. 1917.
will, when discharged from the fed
eral service. revert 20 a civilian
status and viii not revert % their
former status as members of the
national guard"
Discharges End Organization.
The practice Of the war depart
Inent since decentralization began
has been to honurably discharge
men OF the national guard from the
service just as regular and national
army men are discharged TO return
TO pcace-time pursuits. If this
were done in every case the result
would be TO end the existence of
nearly every guard unit in the c1un
try except a few organized after
the guard was drafted into the fed
cral service. Mastering out aa units
without discharge make rC0rgau-
ization unnecessary.
Strong Fight Expected.
This undoubtedly will be fought
insistently, particularly in the case
Cf famous guards organizations with
their treasured history and tradH
tions. There has been no an.
nouncement as yet OF the depart
ments policy.
When LIBERALIZATION of the Ha-
tional guard was enacted In the ma
tioual defense act OF 1916. a dual
oath Of allegiance for the members
Of that service was required. allie
glance primarily 10 Che federal gov
ernment. and secoudarily 20 the
state government being sworn bv
officers and men alike when their
oaths were taken Every national
guard unit in the country was re-
quired 10 subscribe 10 this OATH
Broadens Score Of Use.
The language OF the national de-
Tense act. however. is specific In
stating that when the national
guard draft has been applied hy tHe
president. tho members OF the guard
are then discharged from the mil
itia OF the country. The purpose
aimed at was to make the uauouat
guard after draft a force that could
he employed outside the country
which could not be done under Tie
constitution while its members re-
malned in the militia.
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