New Britain herald., 1918-12-24
NATIONAL GUARD IS
 THING IF THE PAST Former Members in Service to
 Revert to Civilian Status JUDGE ADVOCATE GEN. RULES
Effect of This Ruling Practically Is to Wipe Out of EXistance Old State Un ts as They Were Before War Was Declared.

Washington, Dec. 24.-An opinion of 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 it was organized prior to the war.
 The opinion, rendered hy Brig. Gen, Samuel T. Ansell who has been act ing judge advocate general since Major Gen. Crowder was appointed provost marshal general, to handle the draft, was made public today by the war department.
 March Asks FOr Opinion.
 Gen. March, chief of staff. on December 20, asked for an opinion as to the status of mem bers of the Ma tional Guard subsequent to their dis charge from the federal service. His emorandum called attention to a digest of an opinion of the judge ad- vocate general dated January. 1918 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.
 Gen. Ansell in his decision pointed out that this opinion was based on muster out and not upon discharge. and added:
 Gen. 4Ansell Explains Ruling.
 "As a matter of fact the opinion in the digest in which this sentence occurs holds without qualification tha4 the draft of a member of the National Guard into the federal service ab- solutely discharges him from the militia which includes the National Guard. Furthermore, this office has held that a, commission in the tenn porary forces is incompatible with commission in the National Guard and operates to cancel the commission in the National Guard.
 Back to Civilian Status.
 Tt 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 procla- nation of July 3, 1917. will when discharged from the federal service, revert to d civilian status and will Iloi revert to lIIelf lOFbleG SlaluS as members of the National Guard"
 The practice of the war depart ment since demobilization began has been to give honorable discharges to men Of the National Guard just as regular and National army men 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 except a few organized after the guard was drafted into the federal service.
 Question May Arise.
 Mastering out as units without dis charges may make reorganization unneceksary. This undoubtedly will be sought insistently. particularly in tions with treasured histories and traditions There has been no an- nouncement as yet of the depart ment's policy.
 When federation of the National Guard was enacted in the national defenseact of 1916, 3. dual oath of allegiance for the members of that service was required, allegiance primarily to the federal government and secondarily to the state govern ment being sworn by officers and men alike.
 The language of the national de- fense act, however, is specific in stat