The Hawaiian gazette., 1918-08-20
STATUS OF FIELD
QuEST|ONEDUNDER
federal STATUTE: |:
.DraWinu ! Salary As Territorial
Employe While Serving As
Army officer May Be Illegal, Is
Contention ao
Matter Seems To Hinge Upon
Whether Or Not Presidential
Proclamation Is Too Broadly
Interpreted sa-


Cooling Fields holding an Office and
drawingoa salary under the Territory
while at the same time serving as an
officer of the United States army has
been raised through attention being
called to d federal statute which pro
hibits the holding Of any civil Office
by regular army officer. The stat,
ute provides also that the officer au,
tomatiealIy ceases to be such by accept,
ing civil office.
Mr.. Field is q captain in the army.
He is also an empIoye of the territorial
public utilities commission and draws
salary for that connection.
The same question is raised concern.
ing Charles N. Arnold, who not only
is a captain in the army but is also
supervisor Of the city of Honolulu.
There is apparently some question as
to whether or not the statute applied
in the case. of officers of the National
| Army, but now that the President by
proclamation has abolished all distinc-
| tiOns between units of the Army of
the United States, 80 that former reg
ulars, national army men and national
| guardsmen In the federal service are
all placed on the same footing, it is
contended that the law does apply. In
that case II would appear that Captain
Field and Captain Arnold may be
called upon TO decide whether they will
| choose to remain officers of the United
States Army or revert to their jobs
under the Territory and the municipal.
ity respectively.
Stainback in Doubt
When the matter, was placed before
Judge Advocate I. M. Stainback of
| the Hawaiian Department yesterday
he was not inclined to take any de
cided stand in the matter. He indi
Gated that perhaps the two men were
holding dual positions illegally and
then perhaps they were not. 1t all
depended, in the mind, upon whether
or not the proclamation of the Presi
dent combining all units of the army
upon q single basis meant what it is
understood to mean. -'r,.
! The, Judge advocate admitted thai
there is a federal statute prohibiting
the holding of any civil Office by q
regular army officer, also that he ceases
to be an officer in the army by accept
ing such civil office.
Major Stainback contended that thii
rule applied only to officers of the
regular army.
"But as to the distinction, if any
between the regular army and the new
Army of the United States, l believe
there has been given too wide in
depreciation to the proclamation Of
the President. The judge advocate
general of the army has ruled severa
!, times that this ruling only applied t.
the officers of the regular army, anC
that officers of the national guard, o.
reserve army, could hold Office in al
emergency and not sacrifice their pO
sition.
Major Stainback refused to give
decision as to whether this ruling
under the new conditions, affected tn,
standing of Capt. II. Gooding Field
who is still a member of the public
utilities commission while acting as
captain in The Army of the Unite,
States.
"Two rulings have been made re
garding such a case by the judge al
vocate general of the army addeC
Major Stainback. Zone was that al
officer of the United States Nationa
Guard, who was elected recently to tn
: legislature of Kentucky, could holC
his position as an officer in the arm.
and still act AS a representative in tn
legislature of his state. The Othe
decision was very similar case i
Texas |, myself held the Office o
attorney general Of this Territory fO
some time after | joined the Hawaiia
Department under these two deci
siOns. -
DISTINCTION without Difference
Differcntiating between an officer o
the regular army and an officer Of tn
Army of the United States, MajO
Stainhack explained that an officer o
the regular army could be retired b.
. an examining board on pay, but thi
| could not he done in the case of a
officer of the Army of the Unite
States who bed special commissO
for five years, or at the option of tn
President. ,u,n......
Major Stainhack then GefeFred, to
ruling of the Judge advocate genera
of the army made last January, whic
he thinks fOrPstaIIS the prUrlRmatio
OF me lTcSl'lcnl, "nlCn 'lctllCS, /
part, that:
"When tn" national guard is drHft
/ ct into the service Of the Unite
' States under SECTION ~ Of the NJ
tionaI Defense Act, it IL livested of it
status as militia aud stands discharge
therefrnm. 1t has become, by bein
$ 50 draf ed, part. Of the Army. q
the United states, raised by tongres
I under its power to raise and supper
armies. -
Commenting upon this partial dec
sion Major Stainback said:
1--WE have been acting upon this a
sumption for months that the nationi
guard is part of the Army of tn
United States, and not part of tn
regular army, but with practically Il
distinction between them, and that
what ! believe the proclamation {
the President means when it speal
of the Army of the United States.
: Major Staiubuck added again thi
the main distinction at this time b
tween the two units was the perm
4 nencv of the position OF officers in Il
s regular army, and the President
/, nr0clamatioH, he said, does not chang
this fact.