Evening star., 1951-01-28
.Abendroth Plan
For Home Guard
Hits Legal Snag
West Calls Proposal
Too Broad for Opinion,
Asks Qualification

Formation of a home guard
unit as a supplement to the Dis
trict's civil defense organization
appeared doubtful today in the
face of numerous legal difficult
ties.
The home guard plan was
drawn up last November by Brig.
Gen. William H. Abendroth, COM
mander of the District National
Guard, in consultation with Po-
lice Supt. Robert j. Barrett. AZ
ter approval in principle by the
Commissioners, it was submitted
to Corporation Counsel Vernon E.
West to determine if the unit
could be formed under existing
law or whether new legislation
would be required.
Mr.. West has now informed
the Commissioners that the orig
inal plan 'is couched in such
broad language that it is impos-
sible to determine the precise
scope of many of the items set
forth" and equally impossible to
come up with the requested legal
opinion.
Force of 800 Planned.
AS approved by the Commits
sioners, the home guard unit was
to have consisted initially of about
300 volunteers not eligible for
regular military duty. In case of
emergency they were to help law
enforcement agencies to protect
law and order, protect public and
private property, aid in evacua-
ton or protection of the civilian
population. and augment the
city's defense protection if re-
quired."
The broad idea was that the
volunteer force would be trained
and equipped to step into the
breach if the regular District Ma
tional Guard were called into Fed
eral service. The plan called for
weapons, ammunition, uniforms
and equipment, including armored
cars, supplied by the Federal Gov
ernment, without expense to the
District.
Among the points on which the
Corporation Counsel has asked for
clarification are the following:
l. Exactly what the specific
duties of the unit will be and a
statement of exactly how and
when such duties will be per-
formed.
Relation to Police Department.
2. Whether the home guard,
which is designed to assist the
Police Department should be con-
sidered a part, an auxiliary, or
wholly independent of that de-
partment.
3. Who will have ultimate con-
troll and who will be in direct COM
mand of the force. Mr.. West points
out that the existing militia law
places ultimate control of such
units with the President. who could
delegate his authority to the Ma
tional Guard commander.
However. should the commander
be called to duty away from the
District. his subordinates could
not legally call up the guard, Mr..
West said. In the matter of direct
command. Mr.. West noted that
the plan called for placing the
guard at the disposal of the Police
Department. under command Of
Maj Barrett. However, he said,
such an arrangement might be
undesirable" since the police chief.
as commander of both civil and
military unit would be re-
sponsible to different superiors."
Seeks Other Information.
Mr.. West also asked to be in
formed as to who would commits
sion officers in the home guard,
the conditions under which it
could be called to active duty and
whether it could serve outside the
District.
He called for further informa-
ton on the proposed qualifications
OF volunteers and asked if they
would be subject to civil service
laws. The matter of equipment.
pay, disability and death benefits
and the question of liability for
damage done by guard members
all must be considered further,
he declared.
A civil defense spokesman said
last night that no final decision
has been reached yet on formation
of the guard unit.
Mr.. Vests statement to the