The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-12-24
Judge Advocate General
Passes on the Question
of Discharges
MEN RETURN TO
CIVILIAN LIFE
Guard Has No Hold Upon
Them When They Leave
National Army
CIV Associated Press !

]
Washington, Dec. 24.-An opinion
flee approved by the secretary OF
war, holds that officers and enlisted
men of the national guard will re-
vert to civilian status when dis
charged ffom the federal service
The effect Of the ruling practically
is to wipe out of existence the ma
tional guard as it was organized pri-
or to the war.
The opinion, rendered by Brig.
| Gen. Samuel Z. Ansell, who has been
acting judge advocate general since
Major General Crowder was ap-
pointed provost marshal general to
handle the draft. was made public
| today by the war department.
General March, chief of staff, on
| Dec. 20 asked for an opinion as to
the status of members Of the ma
| tional guard subsequent to their dis
charge from the federal service. His
memorandum called attention to a
/ digest OF an opinion OF, the judge
advocate dated January, 1918, 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 the national guard.
General Ansel in his decision
pointed out that this opinion was
based upon muster out and not upon
discharge. and added:
"As, q. matter Of fact, the opinion
in the digest in which this sentence
occurs holds without qualification
that the draft of a member Of the
national guard into the federal SER
vice absolutely discharges him from
the militia, which includes the ma
tional guard. Furthermore, this Of
flee has held that a commission in
the temporary forces is incompat-
ibIe with a. commission in the ma
tional guard and operates to cancel
the commission in the national
guard.
TT iss therefore, the opinion of this
office that former members or the
national guard both officers and
enlisted men, who entered the SER
vice by draft under the Presidents 8
proclamation of July 3, 1917 viii,
when discharged from the federal
service revert to a ~civilian status
and will not revert to their former
status as members OF the natlonal
guard"
The practice of the war department
since rehabilitation began has been
honorably to discharge men OF the
national guard from the service just
as regular and national army men
are discharged, to return to peace
time pursuits. II 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.
Will Arouse Opposition.
This undoubtedly will be fought
sinsistenetly partly in the case OF
famous guard organizations with
treasured histories and traditions.
There has been no announcement as
yet of the departments policy. When
federalization of the national guard
was enacted in the national defense
act of 1916 dual oath Of allegiance
for the members of that service was
required, allegiance primarily to the
federal government and secondarily
to the state government being sworn
by officers and men alike when the
oaths were taken. Every national
guard unit in the country was re-
uuired to subscribe to this oath.
The language of the national de-
fense act. however, is specific in
stating that when the national guard
draft has been applied by the Presi-
dent. the members Of the guard are
then discharged from the militia of
the country. The purpose aimed at
was to make the national guard after
draft a force that could be employed
outside the country which could not
be done under the constitution while
it's members remained in the militia.
Madison. Wis, Dec. 24.---Adjutant
General Orlando Holway takes is
sue with the war department over
its order in return of the national
guard to civilian life, after dis
charge from the federal service.
az cannot agree with the opinion
rendered by the judge advocate
general" said adjutant General
Holway today. 1.-THE oath under
which all of the men are serving is
a dual oath; it pledged them to
serve the United States Of America, |
and the individual state for the Pc
riod OF six years-three years in ac-
tive service and three in reserve.
.In my opinion congress is not the |
proper authority to discharge troops |
from state service, that service hav-
ing been entered into in accordance
with existing law"