New-York tribune., 1919-02-03
Attorney General Newton
Says Status of Men is
Not Altered by Service
Ten Thousand Affected
Blanket Opinion Is Issued;
Employees to Retain Their
Civil Service Rating
staff Correspondence

Stat Correspondence
ALBANY, Feb. 2-The rights of re-
turned soldiers who were employees of
the state or any Of its political sub
divisions are set forth in 81 blanket
opinion announced to-day by Charles
D. Newton, Attorney General Of the
State Of New Cork. The Attorney Gen
eral has attempted to furnish an an
swer to all questions which may arise
in the cases of men who left their civil
jobs to enter the service.
More than 10000 men will be affect
ed by the opinion, which first sets
forth the substance of Section 245 of
the military law. This section pro-
vides that civil officers and employees
entering the military service shall not
be prejudiced by reason of their abb
sence from civil duty; that the differ
ence between their civil and military
pay should be paid by the state or the
municipalities, and that promotions and
advancement should be accorded them
in the same way as if they had never
enlisted.
Enlistment Doesn't Alter Status
Mr.. Newton laid down these prin-
ciples:
The intent of the statute is to have a
soldier treated in matters of rein
statement, unemployment, promotion
vacation and compensation exactly as
if he had not been away. His rights
are no greater and no less than if there
had been no war.
been entitled to promotion as of a
definite date, if he were not in the
army, he should get it on that date in
spite of his absence, and should be paid
accordingly from that date and not only
from the time of his return to civil
duty.
SO long as a soldier-civil employe
remains in the army he is protected
by the statute up to two months after
peace, the declaration by the Presi-
dent that peace has been consum-
mated. But he cannot elect to re-
main in the army after that and con-
tinue to draw pay from the state or
the cities during his army service be-
yond the two months period after
peace is declared.
Must Return in "Reasonable Time
After discharge a man should re-
turn to his civil duties in reasonable
time. What is reasonable time the
should determine.
Where two men have gone into the
military service from the same posi-
tlon, IT the last appointed man get
back first, he is entitled to the Job
until the first man returns.
Where the department chief Ncan
transfer a man from one part of the
state to anothehr without the consent
of the employe thaht power is not
diminished by reason of the mans
enlis.men
Although he cannot be removed by
reason of his absence, a soldier-civil
employe may be removed for any rea-
son for which he might have been
removed had he not been absent, such
as the expiration of the term for
which he was appointed, lack of ap-
preparation or abolition of his posi-
ton.
Vacations Must be Granted
A soldiers vacation next summer
cannot be cut off because he was in
the army last summer. But this does
not mean that he is to be considered
as saving up his vacation of last sum-
mer. He cannot claim double vaca-
ton next summer.
An absent soldier-civil employe or
officer may be rcappointed to an Of
flee, the term Of which has expired,
just as if he were not absent from
civil duty
Veterans of the Civil War and the
Spanish American War and veteran
volunteer firemen are entitled to a
hearing before removal the same as
if they had not been absent