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SAYS OFFICERS CAN KEEP COMMISSIONS PEEPLES SAYS REORGANIZATION j OF MILITIA MAY BE ANNUL ED j The Election of Officers to Fill Places of tlie Men Displaced uccasions Opinion. News and Courier. Columbia, June 29.?""This being j only a reorganization, or a rearrange-! ment or reassignment?as you may be pleased to term it?of the remaining companies of the .militia, I am of the opinion t':at the officers of these regiments have not been removed in ac-1 cordance with law, and that they cannot be removed or mustered out of service except as is provided by I statute so long as the military com- j panies themselves remain a part of the organized militia," says Thomas H. Peeples, attorney general, in an exhaustive opinion rendered this morning on the reorganizing of the South Carolina National Guard. He goes into the joistory of the State militia from January 11, 1915, when former Governor Blease, by proclamation mustered out the National Guard, up to the present time. '"Under date of January 15, 1915, after referring to the statutes relating to the militia, I - ? ? A-*- - - J-'-i i aav-isea c-e aujuiam mai uuu.i advised the adjutant general that 'from an examination of the proclamation and applying it to the law quoted, I am of the opinion that t':e organized militia of South Carolina has been legally disbanded and mustered out of service,' " says the opinion. "Nothing has been brought to my attention to cause any change in my niew ti-en expressed, nor have later investigations done so," continues the opinion. If the opinion of the attorney general is upheld by the courts, the recent elections of militia officers are vitiated and the former regimental officers are still in command. Also, if the opinion is upheld, the proclamation of Governor Manning, issued January 22, 1915, declaring null and void the proclamation of former Governor Blease mustering the State National Guard out of service, is illegal, and Soutti Carolina has no organized militia authorized by the statutes. May Stop Encampments. Military authorities think probably the opinion of the attorney general' will cause a discontinuance of tie ; plans for encampments for this year; . ~ for they think that it is improbable' that the comptroller general will lionor warrants for pay to wuat might fee an illegally organized militia. Also, they say that the probabilities are that the United States disbursing of ... ' T VI I ficer, ;Major J. 9':apter Caldwell, will! refuse to pay out government funds until the matter is finally adjudicated in the courts. The opinion says that W. W. Moore, adjutant general, on January 20, 1915, was of the opinion that the order (of j former Governor Blease disbanding! t. e militia) was legal" and again "that he considered the actions of the for mer governor illegal." This afternoon ' Gen. Moore denied that ihe had made any such conflicting statements. The opinion was given at the request of Major J. Shapter Caldwell, inspector general of the South Carolina National Guard, assistant to the adjutant general. Major Caldwell wanted to know if ti':e regimental of| fleers of the old 1st, 2nd and 3rd regiI ments should be mustered out of service. The attorney general in his opinion, quotes the proclamation of Former; 1 Governor Blease, under date of Jan i ftary 11, 1915, wcich dissolved, mus-| tered out and disbanded all the .militia [ i in the State, both National Guard and volunteer organizations. ! On t':e requst of the office of the i adjutant general, under date of Januj ary 12, 1915, Attorney General Peeples j said that fce rendered an opinion in ! which he held the action of former : Governor Blease legal and he is "of the same opinion still." This opinion i was delivered January 15, 1915. Meeting of Officers. The opinion then states that certain militia officials held a meeting in Coi i lumbia on January 20, 1915, and at j that meeting, "according to printed | newspaper reports," "Adjt. Gen. Moore 1 was of tf:e opinion that the order (of . former Governor Blease) was legal t and held that the-best way to proceed 1 now would be to reorganize the I militia." The attorney general further j stated trat, on January 22, 1915, "Gov ernor Manning issued his proclamai tion and order which provided that , 'the purported order of the 11th day of January, 1915, known as General ! Order No. 2, is hereby declared void I of no effect.'" The proclamation of the governor is further quoted declaring that the "officers and men are not j effected by said illegal order, but have I l continued, and do now continue, as : though said order had never been issued." The attorney general states ! that Gen. Moore "is raported to have said at that time" that ti-e action of Governor Manning "is all right; it meets with my hearty approval," and further that the adjutant general' considered the action of the former governor illegal.'" TY.re opinion presumes that the military department has been "acting upon ti':e assumption" that "the National Guard is not and has not been dissolved and mustered out by the proc r^i unewzr ever C ^ lamation and orders of Governor Blease." The opinion then states that the attorney general understands that the orders of Governor Manning, under date of March 31, 1915," musters out of service seven companies of infantry and one band because of "inefficency; tne regimental ana Dngaue organiza-1 tions were disbanded; ti':e remaining! companies were ordered to exist as separate organizations until further orders; the regimental officers were placed on the unassigned list pending property and financial accountability, and Brig. Gen. Willie Jones was placed on ti:e retired list. On the same date, says the opinion, the reorganization order was issued. Order By Manning:. The opinion then states that the Manning order only disbands or musters out seven companies and the re maining companies were reorganized | into two companies. The following paragraph of tr.r opinion then says: 'This being only a reorganization, or rearrangement or reassignment?as you may be pleased to term it?of the remaining companies of the militia, I am of ti".e opinion that the officers of these regiments have not been removed in accordance with law and that they cannot be removed or mustered out of service except as is provided by statute so long as tne militia companies themselves remain a part of the organized militia. The change or transfer of a company from one regiment to another or from one battalion to another, or the rearrangement of the 'various companies of t':e militia, or the relettering of same, or the reassignment of same would not be sufficient in my opinion to remove an officer who has been elected and commissioned as provided by law. So long as we have organized militia, legally constituted, tr.e removal of officers who have been elected and commissioned as such, in my opinion, can only be done as provided in Sections 541 and 543 of the code of 1912, Volume 1." (The sections are then quot ed.) The opinion tf:.en gives sections of the code of laws providing for an increase of the surplus strength of the j officers of the National Guard, but! states that only in Section 528 can toe i attorney general find authority for j anincrease in the numerical strength of the National Guard. The opinion j then quotes tl;e supreme court as' laying down the proposition that the chief executive of the State can remove a civil officer only where sucfi ' power is granted by the constitution or is implied because of appointment ~ ~ t-U:_ ?^ ~ tu ouite. i ins tu mc uymion of the attorney general, applies to the officers of the militia. hewiest ig Gum hewed In Conclusion. T e opinion concludes as follows: "In connection with this entire military matter I take this opportunity 01 calling to your attention the fact that in the preparation and issuance of the various orders relating to the disbandment of the militia and the reorganization of same t is office has not been consulted, neither has it been called upon for any advice whatever, savej and except the request for an opinion i by t> e adjutant general in reference | to the legality of the order of Governor j Blease and your request, to which 1 j am now replying. I presume that the j State officers in issuing these orders have acted upon advice and legal advice. I am simply mentioning fc-is fact at this time so as to keep the record clear and to st ow that if there is J any uncertainty existing in the militia, that this office is not and cannot be held resopnsible for any such condi- ( Hr>nc that m9v oYi?l" " Col. Le^are's Statement. Col. A. E. Legare, former command-' er of the 2nd regiment before the or- j der of March 31, gave tv.e following interview today: "I am surprised to see by the opinion of the attorney general that he tad not 'been consulted before by the adjutant general regarding an order establishing such a radical precedent. 1 have always maintained that neither: the letter nor the spirit of t' .e mili-1 tary code of South Carolina could pos- j sibly countenance the elimination of about ten high officers of the militia by the simple expedient of an order, and it seems t?at the adjutant gen eral has tried to place his own desires: and opinion above the law established by tt e Military Code of 1905. The opinion of the attorney general not only seems to show that the adjutant general had misled the governor when requesting him to issue tbe orders covered by the opinion, but that he has also again placed the militia of tie State in a muddle." Gen. Moore's Statement. W. W. Moore, adjutant general when asked about the opinion of the attorney general, said: "I find ti at the attorney general quoted an article appearing in a morning paper saying that I had stated tr.at the action of Governor Blease in mustering out the militia was legal. This was an error, for I have always held an opposite view. The article must f ave escaped my attention; oth erwise i snouia nave requested a correction. "The order of Governor Manning declaring the proclamation of Governor Blease illegal, the one reorganizing the militia and that placing t?e officers on the unassigned list were issued after the chief executive had I ' 'VaM&s&Sr* ' * ?c * / S *> - consulted with his legal advisers. All orders emanating from my office tad his approval, or he sanctioned them, or they were issued by command of the governor, wv.o is commander-inchief of the National Guard. 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