The Department Encampment was held at Racine, May 20-21, and was a success in every particular. The attendance was very large, and the proceedings were characterized by exceeding harmony. Among those present were Past Commander-in Chief Weissert, of Milwaukee, and nine Past Department Commanders. The Department Commander of Illinois and his official staff visited our Encampment in a body and addressed us.

On the first day of the Encampment the G. A. R. boys marched in procession to the park to see 3,000 pupils of the public schools assembled there and hear them sing in unison the "Battle Hymn of the Republic," "Salute the Flag," and other patriotic songs. The exercises were inspiring, and showed that the pupils had been thoroughly trained and were imbued with a spirit of devotion and reverence for "Old Glory." During the past year lessons in patriotism have been a prominent feature in the public schools of this State.

10--G. A. R.

REPORT OF JUDGE-ADVOCATE-GENERAL.

IRVIN ROBBINS,

OFFICE OF THE JUDGE-ADVOCATE-GENERAL,
GRAND ARMY OF THE REPUBLIC,
WILKES BARRE, PA., August 31, 1896.

Adjutant-General, G. A. R.:

Comrade:

In compliance with Section 10, Article VI, Chapter IV, Rules and Regulations, I have the honor to submit herewith my report to be presented to the Thirtieth National Encampment, to be held at St. Paul, Minn., September 3d, next.

There has been quite a large number of cases for disposition; several of a political character. We ought to keep all such matters entirely separate from our Grand Army life. Avoid even the appearance of evil. The work of the office has been so well done by my predecessors that I have no suggestions to make. Please accept for yourself, and convey to the Commander-in-Chief, my sincere thanks for the fraternity extended to me during my term of

Question: Is an Admiral's Clerk, who served in the Navy between 12th April, 1861, and 9th April, 1865, eligible to membership in the G. A. R.?

An Admiral's Clerk on the U. S. S. Malvern, who served in the Navy between 12th April, 1861, and 9th April, 1865, is eligible to membership in the Grand Army of the Republic by virtue of such service.

STATEMENT.

Article IV, Rules and Regulations, reads: "Soldiers and Sailors of the U. S. Army, Navy, or Marine Corps, who served between April 12, 1861, and April 9, 1865, in the War for the suppression of the Rebellion, and those having been honorably discharged therefrom after such service. . . . shall be eligible to membership in the G. A. R." Then let us see what the records show as to service in the Navy and honorable discharge therefrom. The letter from the Secretary of the Navy says: "The Clerk to Admirals, the Commanders of Squadrons, are subject to the laws and regulations of the Navy and the discipline of the vessel so long as his appointment continued. The acceptance of the appointment as Clerk was understood as binding such persons to serve with the officer who appointed him until regularly discharged, etc., so that he could not leave when he pleased. That the U. S. S. Malvern was a U. S. vessel is proved by the fact that his certificate of discharge comes from our Naval Department. That he was enrolled, mustered in, or its equivalents, is proved by the fact that he had a discharge. See certificate. The part that it sets forth, that it can not be used in any claim against the Government, is of no consequence on the question whether he had a discharge. A discharge is always honorable unless otherwise set forth, and that restrictive clause is always put into certificates issued in lieu of discharges lost or destroyed. It says that he was discharged on September 23, 1864, as Admiral's Clerk.

OPINION 12th November, 1895.

In my opinion, the said George A. Newcomb, of Ransom Post, No. 131, Department of Missouri, G. A. R., is eligible to membership in the Grand Army of the Republic on account of said service.

DECISION No. 2.

It is contrary to the R. and R. for a Department Commander to send out political circulars upon the Department stationery.

Question from the Department of New York: Is the distribution of certain circulars a violation of Article II, Chapter V, R. and R.?

FACTS.

Comrade E. J. Atkinson, Commander of the Department of New York, sent out three letters, or circulars, all printed, even to the signature, in which he advocates the election of candidates to office. In the first of which, dated October 26, 1895, he advocates the election of Jacob A. Cantor to the Senate of New York. This is addressed simply "Comrade,” and signed "Yours truly, in F., C. and L., E. J. Atkinson.”

The second, dated October 28, 1895, is addressed "Dear Comrade," and advocates the election of Hon. Henry D. Purroy, and is signed "Sincerely yours, E. J. Atkinson."

The third, dated October 30, 1895, printed on the stationery of the Department of New York, is addressed "Dear Sir and Comrade," and advocates the election of General Martin T. McMahon, and is signed "Yours truly, in F., C. and L., E. J. Atkinson."

OPINION-12th November, 1895.

These are all political letters. The addresses, signatures, and, in No. 3, the stationery, were all intended to remind the recipients that the request to vote for the parties named was something more than what any citizen might properly ask from another. It was throwing Comradeship and offcial position in as a make-weight for the request, and is, upon the face of the paper, in direct opposition to Chapter V, Article II, Rules and Regulations of the G. A. R., which reads:

46

No officer or Comrade of the Grand Army of the Republic shall, in any manner, use that organization for political purposes.”

DECISION No. 3.

Charge: violation of Article I, Chapter V, R. and R.

A Comrade is not guilty of wrong when, as a citizen, he urges the election of one Comrade as against another.

FACTS.

Comrade Theodore F. Reed, of Post 82, Department of New York, in October, 1895, circulated, over his own signature, a circular, as follows: 120 BROADWAY, NEW YORK CITY, October 17, 1895.

COMRADE.

Dear Sir-What are the political prospects in your county this fall? Can you arrange to run General H. C. King ahead of his ticket? The reasons why it is desired are these: John Palmer will make every effort to push his canvass among veterans all over the State. His having been Commander-in-Chief gives reason for a belief that unless a counter move is made, he may run ahead of his ticket.

General King is a distinguished man, good Comrade, and is entitled to the support of any man, especially veterans and their sons.

I know you are a good worker, and shrewd to devise. Can you suggest any plan that locally will help to bring Republican veterans to his support? I may call on you next week. Very truly,

THEO. F. REED.

OPINION-20th November, 1895.

In my opinion the printing and distribution of above circular by Theodore F. Reed, a Comrade of Post No. 82, G. A. R., Department of New York, is not a violation of Article II, Chapter V, Rules and Regulations of the Grand Army of the Republic. As between two Comrades who are candidates for the same office the voting Comrade surely has a right to choose, and in a discreet and honorable way urge others, to accept his choice. If that is not so, then in taking the rights of Comrades we have thrown away our rights as citizens, which never was intended and must not now be made

true.

DECISION No. 4.

Appeal from order of John C. Schotts, Department Commander of New York, in declaring void the election and muster of John R. Skelton, a dropped member of Post 266, Department of New York, into Post 301, said Department decision based upon the ground that said Skelton had not complied with sentence of Court-Martial.

Court-Martial has no power to sentence a Comrade to restore property in his

possession.

A plea to the jurisdiction is never too late.

FACTS.

25th April, 1883, John R. Skelton was mustered into Post 266, G. A. R., Department of New York.

1886, charges were preferred against him; he was convicted, sentenced to be suspended for two years and restore all property of the Post in his possession.

8th October, 1886, sentence confirmed. No appeal taken.

13th August, 1891, said Skelton was dropped by Post No. 266 for nonpayment of dues. It does not appear whether he paid any dues between 8th October, 1888, when his suspension ended, and 13th August, 1891, and it is not alleged that he restored the property spoken of. If he retained the Post property he was guilty of a crime and should have been prosecuted, and I should not suppose any Post, knowing the facts, would have mustered him in.

OPINION December 4, 1895.

In my opinion a Court-Martial has no right to make or power to enforce a sentence to restore property appropriated. It might be destroyed. Criminal courts do not inflict such sentences. They always say, "Restore or pay the value," and if the prisoner can not pay he may be discharged as an insolvent. We can not so discharge.

That when Post No. 266 dropped John R. Skelton for non-payment of dues he ceased to belong to the G. A. R., and that in March, 1894, Post No. 301 had a right to muster him in under the usual regulations.