THE HOME GUARI

HEARINGS
BEFORE THE
COMMITTEE ON MILITARY AFFAIRS
UNITED STATES, SENATE
SEVENTY-SIXTH CONGRESS
THIRD SESSION
ON
S. 4175
A BILL TO AMEND SECTION 61 OF THE NATIONAL DEFENSE
ACT OF JUNE 3, 1910, BY ADDING A PROVISO WHICH
WILL PERMIT STATES TO ORGANIZE MILITARY
UNITS NOT A PART OF THE NATIONAL
GUARD, AND FOR OTHER PURPOSES
AUGUST 13, 15, AND SEPTEMBER 5, 20, 25, 1940
Printed for the use of the Committee on Military Affairs
UNITED STATES
GOVERNMENT PRINTING OFFICE
2149 5 WASHINGTON : 1940
COMMITTEE ON MILITAIIY AFFAIRS
MORRIS SHEPPARI), Texas, Chairman
ROBERT R. REYNOLIDS, North Carolina WARREN It. AUSTIN, Vernont
ELBERT I). THOMAS, Utah STYLES. BRIII)(iES, New Hampshire
SIIERMAN MINTON, Indiana CIHAN (JURNEY, South Dakota
EDWIN. C. JOHNSON, Colorado RUFUS C. IOLMAN, Oregon
JOSH LEE, Oklahoma JOHN THOMAS, Idaho
1I. 11. SCHWARTZ, Wyoming
LISTER HILL, Alabama
SIERII)AN DOWNEY, California
JAMES M. SLATTERY, Illinois
ALBERT B. CIIANI)LER, Kentucky
WILLIAM II. SMATIIERS, New Jersey
VICTOR RUSqELL, Clerk
WALTER I. SMALLEY, .lasistao Clf!k
F IIA~ FCOGRES
OCT 2 9
i VSION 21 T
DIION OF DPOC010f
CONTENTS
Statenients of- Page
Churchill, Col. J. M ------------------------------------------- 1
Erickson, Brig. Gen. Edgar C ----------------------------------- 24
LaGuardia, Mayor Fiorello 11 -------------------------------- 37
Lehnman, Gov. llerbert I1--------------------------------------- 21
Liewellyn, Col. Fred W ---------------------------------------- 79
Ray,1...---------------------------------------------- ------ 58
Rd igs , Maj. Eugene W -------------------------------------- 68, 76
Taylor, Col. John Thomas -------------------------------------- 44
Text of bills--
"S." 4175 ----------------------------------------------------- 1,91
S. 4131 ------------------------------------------------------ 2
8.4138 ------------------------------------------------------ 6
S.4062 ------------------------------------------------------ 7
S.4105 ------------------------------------------------------ 16
WU
THE HOME GUARD
TUESDAY, AUGUST 13, 1940
UNITED STATES SENATE,
COMMITTEE ON MILITARY AFFAIRS,
lVashington, D. C.
The conmittee met, pursuant to call, at 10 a. in., in the committee
room of the Committee oil Military Affairs, Hon. Morris Sheppard
(chairman) presiding.
Present: Senators Sheppard (chairman), Minton, Lee, Schwartz,
Slattery, Austin, Gurney, and Holman.
The CHAIRMAN. The committee will come to order. We are here
to discuss the question of home defense or State guard bills. Colonel
Churchill of the War Department has nade a careful study of tile
question and lie has very kindly consente(d to give us his views.
STATEMENT OF COL. J. M. CHURCHILL, WAR DEPARTMENT
GENERAL STAFF, TRAINING AND OPERATIONS DIVISION, G-3
The CHAIRMAN. Would you like to refer to the bills first, or discuss
the subject generally, Colonel?
Colonel CHUCIICILL. Well, I will discuss Senate bill 4175, specially,
and refer to the other bills generally.
The CHAIIMAN. Very well. Tit bills then are S. 4175, S. 4131,
S. 4138, and S. 4062.
Colonel CHURCHILL. Yes. sir.
TL'he CHAIMA1.N. We will sct forth the bills in the record at this
point.
('Tphe bills are as follows:)
IS. 4175, 76th Cong., 3d ess.]
A BILL To amend section 1 of the National l)efcnw Act of June 3. 1Jul(, by adding a ,rovisowhich will
permit States to organize military units not a part of the National Guard, and for other iurposes
Be it enacted by the ,S'enate and House of Representatives of the United States of
America in Congress assembled, That section 61 of the National Defense Act of
,Tttne 3, 1916, be amended by eliminating the period which closes the section and
adding the following words: "nor the organization by and maintenance within
any State of military units, not a part of the National Guard; however, no person
shall, by reason of his membership in any steh utit, be exelnpted front military
service tinder any Federal law," so that the amended section will read:
"No State shall ttaintain troops in tine of peace other than as atathorized its
accordane with the orgatuizatioi. prescribed tunler this Act: Provided, That
nothing contained in this Act shall be construedi as limiting the rights of the States
and Territories in the tse of the National Otard within their respective borders
in time of peace: Provided further, That nothing contained in this Act shall prevent
the organization and maintenance of State police or constabular3', tor the organ-
ization by and imintenance within attv State of military ttits, not a part of the
National Guard; however, no persolt shall, by reason of his membership in any
sttch tinit, he exempted from military service uder any Federal law."
2 THIP, 11011E Cal'ARD
IS. 4131, jilib Cmig., 341 svss.)
A HIM, To amend the Natiouril Defense Act, as allivildvil. bY adding lberelo evel loli 127 (b) provbMig for
a Natiotuil InihistrIal Defelm, O)rps, wid for uther inirpost 'i
1k it ennetol by the Scimic and Ifiluse of Represclitiltilles itt the I 'nited Stilics of
Anicrica ill CollgresS tisscilible'd, Thai, tilt, Natioaal Defeaw Act, its altivii(led 1;)
date, he allielided bY addilig thereto (it(- followilig:
"Nrc. 127. (b) 0 ) This section may he referred Io its tit(- "Natiomd hidtistrial
Defense Corps Act of 19.10".
"(2) If is (he intention of Congress it) afford to those individiials who, ill lime
of stress, art- engaged ill hidus(ries that are essential to the milimial defense, ill]
opporhmity if) assist the Governinvid awl themselves by protedhig their places
of' villplovilleat against sillivvi-Sive, treaclivrolls, tit- milawfid activities, and for
this (1) a11tIkOl'iZV Mid vreate it special limited-servive c(impoiient, Of fill,
Federal forves to hv kaova its the Natinaid Indtistrial Defense Corps, hereinafter
ifellolikillitted N. 1. 1). C.
"Wrivnvver, doring lite emitimiance of tilt- wars ill Etiropt, and elsewhere
abroad that tire now hviag prosecated, (1111-ilig which volifilillailev, fol. tilt- litll--
poses of t his svel ion 127 (b) oid ' v, slit vinergency is declared to exist, or whenever,
afterthe (vriiiiantion ofsm-h wars, tit(- shall Inivet-wreiwd his atithoritv
to vall mit ororder illtONVI'ViVV Of IllV GOV4.4-11111i'lit OftIlV Ullil('d States of Americ;i,
for military or 11avill service, foref's ill excess of thost. reglihirly l1lailifitillull by
.Sit(' Il GOVVI-11111141t, all%' 91-Olip fir citizens, not less than five ill imitibvi-, who are
lit the little achuill -%. vinplo -yed ill indiistrY, shall have tit(, right to file with tilt)
colmnatider (if the corps aren ill which their plave of employinvitt is located, till
applicatimi for tilt, formation and V.St 111)] ish lavilt of it 111lit, or 111lits of the Na-
floital ladtistrtal Dvfviisv Corps which I-, hereby atithorized to hv organized
Mittel' Mid ill jlVCOrdjlllVV With mles and regiiIntions not hicousistetit with the
provisions Of this svetioa 127 (h) to be established alld prolillilgated by tilt!
President or midvr his dirvelion: Provided, howcuer, That pendia4 tilt- promidga-
tion flails so applied for by it applications that coaform to ill(, reclin'rvitivii(s (if this
seCtion 127 (h) shall bt- org'lliked, alld, if So orgailized, slich rides and regalatioas
of the President, when promulgated, shall applY to them to the same elrect as if
orgimization of file imits had not prevetled tilt- prollialgatioll of slich rides fuld
regillat iolls.
1, (.0 Aity sm-li applivat imi shall state, ill addit ion to that %% Melt inny be re(Iijilred
by sach rule,; mid regiflations, the following:
49a. 'I'll(- location of the workshop,
plant, factory, establishment,
indasti.3
or the like. with it complott- description thereof, showhig tilt, inetes and
botinds of file land ovellpied.
"b. The articics or commoditi" produced or intended to he prodlived
threat.
lie. linilles, positioll ovellpivd, office, and home addres"'I's, with tvic-
pholle 1111111bers fir vault vx ( e litive ill Iliv blisilless involved.
fill. The t4aille itiforillatioll Its to vach of the hidividtials %%lio make mid
.Agll t liv applicat ioll. and, ill additioll, Iliv plitut, aild daft, ofAli,; bil-Ill, his race,
whether it mitivv-horn or mitill-alized vilizen of the United States, alld, if
antaralized, when and where natimilizatioit %%-it.; accomplished; also his prior
militarY
vxperiviiee,
if nit
14v. ']'flat each person %%-114) sigiis the application is familiar with thv pro-
visioms of this svvlion 127 (b) atid is willitig toviiiisl ill tliv Natiomil hidtistrial
Dv(vasv Corps for the filtration of ill(- emergeiie.% and faithfidly serve tlivreiii,
ill accordance with stich provislom.4 and with all.%. rides mid regillatiolis pro-
1111111"aled IiY tit(- President theremider.
"f. Each application shlill als-O state with particularly, how the work ill
tit(- concern involved is sid)(livided (1) as it) plalit 1111d grollp 8111)(livisions;
(2) its to ofliuv and clerical group siaoivisions; (:o iu, to siirts or work; (1)
as to h(mrs Or work; (5) as to iminher of men ill eavii; (6) area ill which vach
grotip works: (7) miniher (if supel'i'lle"dents. lillinagers, or forenivii ill vach
grotip; (8) that t1w applicatioli lilts been slibillitted to the ellief exeviltive
ollivial of tit(- cow-vi-ii hivolved; (9) the rellsolis why file applivaills believe
the emievrii hivolved should be cmisidered as tilt hidtistr .% vss(Ilitial to tilt,
liatiolial dvi'vilse; and (10) that applicants believe (flat a suffivient mindwr of
vinplo3ces of their concert, includilig themselves, will enlist ill tilt- N. 1. 1). C.
"(5) Eac'ale l1(1iijijlivt'itiou shall hiave euidltrst'i t lltr(tiilift-1 statt'eent of tlit(%
chieitf exect'tlfive olhicer of flit' 'once'trn involvedt, sliowiiig
''it. fliat, lie hits8 faiuiliiirized hliiisilf with tile jirovisiiiis (of this HL'ttioll
127 (b) ;
'h. I lII it lie' Il I car'ffuIlI3I iv i'sO igalil I, or Ii tilsise I to lIi 80 s i II ves I igaf e cI,
flit'- ipplivaf ioll iiild the( illjiiuls sigiliig it, idl, 11s8it risill tlii're'f, cti juts
flue staitemenits11thlill toi III, tiv it' l falste, or- inirly trot' orf failste, its (he case
oIy lit, giving t i'e fails ats fotizid.
lip!ilivioit lu,% s I his Siilrii'v, laititsil, discretion, iiuii siiitilility its it
d~.wlatlit'r ll' ]list his hoardli o~f lliI'ttlrs lir uulitr govrirlg hod.%13 JoIll Ink
Ii ilit, I' ijfil Sthlus ( h tiiiuit ft' fi's pruvilti for ill f his set'ion 127 (Ii).
nof viltlorseif, p1 lroidedl' fior ill sitiliisii .1 itlilvi', will trilisl it flu tite appilroi
piate ilii'lidi l lliiitl' and et lin fotriii (odioniit tomii Asife itiit aeti Il' tif
itis 't'i. lA'fhtr orevIllif i tiVi'i'i' tliVitt sItilhi illiviltls iftith appars iltiu
Ilivboar of' i rvt' lot' (i I l'ts fli t' t'er ilii't'l'i 14 no'1 5t til l ll I h a pflit ion, Ili the o
''(7)s iil rt't'l if r iif ils s tir aliih-af o, lii' Assisfte iiii 't'iir of i r tIlls
trisptiC fvls tthleol 0127(Inie the corps llit3 commandei r itwtilriiilit texpediiusly
"sIoiw i r , l' iiit if it tl u t li t'e II v i sn u ch f i l i ni vefti s hrtia if if oltlife I p liil ti fl iS
14i'hl teifn' aptoislateiu and~ill the forw al to 1 shalt so I'i'lllhill oit lil'niiill of
nlf3liist. w irfi'fli' hrtso ii h 'fii , ifo signnith apliaionill 114113 slihl doit if3
wlut'l itobt hr iiiits hfm tiill' o ols-mi l N. I. I ). C.wa rwii'lglliilfi' uitst
'' h.1 'Ilit iiher tlus of ill' uuits beimtht iiiitii of- I s of I. 1.I). C.li
fo(itt) i i ns it iti i ill ltte t ouiti in lis i I tic I) . i ilslie, is au izt h fh
1 ii iI StuI' C liiivi' fill' ilg' f th i' i v-htr5il'5i nvove tIlli ilt tI t 143' IIII VI of''l~i~i
4 THE HOME GUARD
"(11) Enlistment in N. I. D. C. shall be voluntary, and for the duration of
the emergency unless sooner discharged by competent authority, and shall be
preceded by an application for acceptance for enlistment made under oath ac-
companied by proof as to character and employment, certified to by at least two
fellow employees and by a responsible officer or official of the apiplicant's em-
ployer, and each such application shall be subject to acceptance or rejection by
a reviewing authority appointed for the purpose by the commander of the corps
area in which the applicant's place of work is located. If any such application
is accepted, the applicant shall take and subscribe to the following oath of enlist-
ment before a competent authority, upon the doing of which lie shall become and
be a member of N. 1. I). C., namely:
" 'I do acknowledge to have voluntarily enlisted this (lay of as a maciii-
her of the National Industrial Defense Corps, under the conditions prescribed by
law, for the duration of the existing emergency, unless sooner discharged b
proper authority. And I (1o solemnly swear that I will bear true faith and
allegiance to the United States of America, and that I will serve them honestly
and faithfully, against all their eremies whomsoever, and against any person or
persons who may design or conspire to injure, damage, destroy, or otherwise
harm or interfere with the industry in which I am employed, or any article therein
or part thereof; and that I will obey the orders of the President of the United
States and of the officers appointed over ie according to law and the rules and
Articles of War.'
"1(12) Such enlistments shall be terminated-
"a. Coincident with and upon the termination of the emergency under
which the enlistment was made, when amid as declared by the President;
"b. Upon discharge uler sentence of court martial;
'c. Upon discharge to enable a member to enlist in the Regular Army or
National Guard, which is hereby authorized;
"di. Upon discharge granted by order of the President upon the member's
application for good and sufficient cause, which is hereby authorized;
t'e. Upon discharge when a member leaves his employment in a concern
determined by the President to be ami industry essential to national defe.ise
without entering another such industry, which discharge is hereby author-
ized; or
"f. Upon discontinuance, tnder order authorized by the President, of the
unit of N. 1. 1). C. of which the imlividual is a member, which discharge is
hereby authorized.
"(13) In each instance the discharged member, except wlie discharged by
sentence of court martial, sha!l be given a discharge certificate indicating the fact,
executed as may be provided for by the rules ald regulations established by the
President.
"(14) 'T'lae President is authorized, and, in the interini between the adoption of
this section 127 (b) and the President's action hereunder, tile commander of tile
corps area within which the concern affected by ally such applicationl shall be
located, is authorized to stipulate what lroportio)n of the members of time unit or
units of N. I. 1). C. organized under any particular application may be authorized
as hereinafter memitioned, and tIe li)rol ortion so provided for shall he and they are
hereby authorized and emlowered to bear arms when on duty as such members
and when going from their places of residence to their places of duty and when
returning, and they, and as well, all other members of N. I. 1). C. are hereby aul-
thorized and emipowered at all times during the cotiulimance of their muemmberslli )
in N. 1. D. C., to exercise and perform in and about their places of duty is suci
members, and not otherwise, the authority, powers, and duties now, by statute,
given to and placed upon United States "marshals, and any such mmeuniber shall
not be accountable to any person in damage or otherwise for any act (toile or force
used in and about the performancee of such duty and the exercise of such power or
authority: Provided, hourr'er, That unless exceptional circumstances are deter-
mmiled by tiie President to exist ii thie particular situation to warrant it, and the
existence of which exceptional circumstances is openly stated by proclamation
in the territory where they exist, not more than 5 per centum of the total number
of employees within a particular concern in which unit or units of N. I. 1). C. are
authorized shall ie permitted to bear arms: Provided, further, That when excep-
tional circumstances exist as proclaimed by tile President, lie shall also proclaim
what proportion of such employees shall bear arms.
"(15) Such arms as are borne by any slich members shall be furnished li
them or to them without cost to the Cov.rminent of the United States: l'rom,idd,
houercr, That all such arms shall be registered as shall be, from time to time
THE HOME GUARD 5
required by the officer in charge of N. I. D. C. in each corps area, as to caliber or
gage, type of weapon, the manufacturer and serial or identifying number.
'(16) Each such member, while on duty, shall wear such badge or brassard
as may be stipulated for by the appropriate corps area commander, so displayed
that his membership in N. I. D. C. may be readily identified. It shall be unlaw-
ful for any such member to bear arms, even though authorized to do so, at any
times when he does not bear such badge or brassard.
"(17) No other compensation, pension, benefit, or subsistence shall be paid
to, accrue to, or be allowed to any such member, except a compensation of $1
for each year or part thereof, during which a member shall serve under one or
more enltiments in N. I. D. C.
"(18) Each prospective member in N. I. D. C. who makes application for enlist-
ment therein shall state in addition to what is above provided, the area in which
lie volunteers to perform his duties, and no member shall be called upon or re-
qiuired to serve or perform duties beyond the area so stated, nor shall be,
within such area, be called upon or required to perform any duties, if such
performance would materially interfere with his employment as stated in his
application.
"(19) The President and in the interim between the adoption of this section
127 (b) and action l)y the President hereunder, the appropriate corps area com-
iander, may assign to temporary pr permanent duty with any one or more
N. 1. I). C. rnits within a corps arep, any officer on the active, inactive or retired
list of the Regular Army; the Secretary of the Navy, at the request of such corps
area commander, ma, similarly assign active, inactive, or retired officers of the
Navy and the Marine Corps; the President or such corps area commander may
also, with the consent of such officers, similarly assign active, inactive, and retired
officers of the National Guard and Officers' Reserve Corps: Provided, hotvever,
That any such officer of the Army, Navy, or Marine Corps, and active officers
of the National Guard and Officers' Reserve Corps who are under any provision
of law entitled to receive pay, shall be paid from appropriations for the support
of the components of the United States Army, of which they are a part: Provided
further, That any officer so assigned for whose pay no appropriation is available
shall be paid no more than the compensation above provided for other members
of the N. 1. D. C.
"(20) When a unit or units of N. I. D. C. are authorized, it shall be the duty
of the appropriate corps area commander to determine the number of officers who
are to administer and cotmrmand them, to assign such officers to a unit or group
of units, to prescribe tie chain of command and tire channels of communication
and, it general, to command, supervise, and control, under authority of the Pres-
ident, the cortduet, discipline, performance of duty, and administration of such
units.
"(21) All officers and members of N. I. D. C. shall be, and they are hereby
made amenable and subject to the Articles of War to the same extent as are all
those portions of tire military forces of the United States whose permanent reten-
tion in the service is not cotttemplated by law. They shall be tried for offenses
purnislhabhe under such Articles to the same extent, manner, and under the same
forms and procedure, and by court martial ordered and created all as provided
for by the said Articles of War and the rules and regulations relating to court
martial that are now or hereafter may be applicable to military forces of the
United States whose permanent retention in the service is not contemplated by
law: Provided, That active, inactive, retired, and former officers of the Army,
Navy, Marine Corps, Officers' Reserve Corps, or National Guard who are assigned
to duty with or enlisted in N. I. D. C. and are assigned to duty as officers in said
corps corresponding to commissioned officers of said military or naval forces, may
serve as members of corirts martial to try members of N. I. D. C.
"(22) Each industrial concern which approves an application for the organiza-
tion of a unit, or units of N. I. D. C. shall have assessed against it a fee which
shall be collected by the Internal Revenue Department under such rules and
regulations as may be formulated and promulgated by the President.
"Such fee shall be payable and collectible within ninety days after such unit
or units have been organized and annually thereafter as long as such unit or units
coritinlle to exist.
"Such fee shall be in an amount which shall equal the number of members of
such unit or units, the organization of which has been so approved, multiplied
by $1.25.
"The proceeds of such fees shall be held in the Treasury of the United States
as a fund available from time to time for the purpose, an for no other purpose,
6 THE HOME GUARD
of paying the mentlers of such units the compensation for their services in this
section 127 (b) provided. and for defaying the administration expense incident
to the formation, organization, and conducting of such units: Provided, howevc',
That any balance remaining in such find after the disbandment of such unit or
units shall be accounted for and return to the concern from which the fee was
received, after deducting therefrom the expense of administering such fund in the
Treasury of the United States and other agencies of the Government.
"Such fee shall accrue and bIe paid annually during all the tine such unit or
units shall continue to exist and, if any such unit or units shall increase in mem-
bership during any annual perid, such fee shall increase and be payalble anl(l
collectible itt the same proportion within ninety days after such increase in
membership.
"(23) No member of N. I. D. C. shall, by reason of such memlershil, or because
of anything contained in this section 127 (b) Ie exempt front being called, ordered,
o'r drafted into Federal service under aln% provision of law now or hereafter inade
applicalble. If any such number shall voluntarilv enlist or lie inducted into any
other military or the naval service of the United Stites, his enlistment in N. I.
D. C. shall terminate either with or witlont discharge."
S. 4138, 76th Cong., 3d sess.l
A BILL To establish as a Ijort of the reserve olOrient of the Regular Army a lHome IDefense Organ-
ized Reserve for total homne defense
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That section 1 of the National Defense Act, as
amended, is amended to read as follows:
"SECTION 1. That the Army of the United States shall consist of the Regular
Army, the National Guard of the United States, the National Guard while in
the service of the United States, the Officers' Reserve Corps, the Organized
Reserves, the Enlisted Reserve Corps, and the Ilome Defense Organized Reserve."
SEc. 2. Section 55 of the National Defense Act is amended by adding at the
end thereof the following:
"SE:c. 55d. Ilo-Ai DEF .5sr OnI, ANUZED l SEWv.-(I) The President is
authorized and directed to establish a Iloine Defense Organized Reserve, which
shall consist of such ninier of ollicers and men (not exceeding one million) over
the age of thirty-five years volnitarily enlistintg tlherein as its duties itay reqitre.
The President may also assign ollicers and enlisted men of the Regtlar Army for
dity with or for training of the lone )efense Organized Reserve.
"(2) All policies affecting the organization, (list riblt ion, appointment, and
promotion in, training of, assignment to, and discharge frott tte lioie l)efense
Organized Reserve siall 1)e prepared by committees of appropriate branches or
divisions of the War Deparltmet Getteral Staff, to which shall be added the
necessary minber of officers front the Ilotie 1Defense Organized Res;erve.
"SEC. ,55e. ORGANIZATION OF IIoME l)EFENsE ORGANIZEo lD:sravr:.-(i) 'The
Home Defense Organized Reserve shall have corps areas coextensive with the corps
areas of tle Regular Army, and sutch corps areas shall be commanded by tile
commanding officers of the respective corps areas of the Regular Arnty. The
War Department General Staff shall assign officers front the personnel of tle
Home Defense Organized Reserve to assist iit sttclh command atd to establish and
maintain liaison within the corps area.
"(2) In each hotne-defense corps area there shall be sutch number of lomte-
defense departments as the War Department General Staff deettis necessary to
facilitate administration and tactical control. The Itotte-defense departments
shall be commanded by alt officer or officers front the personnel of tile flonte
Defense Organized Reserve, designated by the War Department General Staff.
"(3) It each home-defense (lel)arttent there shall be such local hotue-defense
districts as the War Department General Staff dieetts tile duties of tile flotae
Defettse Organized Reserve in such department require. Ill each such district
there siall Ie a lotte-defense unit composed of such nutltbcr of officers and men
volittarily enlisting therein, organized iit such manner, as tite War Department
General Staff deetis necessary.
"SEC. 55f. DUTIES OF HON. DEFENsE ORGANIZED RsEnv,.-The Ilottte De-
fense Organized Reserve siall, under the direction of the War Department Gen-
oral Staff, through the organization herein provided for-
"(I) become fully informed of all strategic points within tleir respective
home-defense districts, such as oil and gas supplies, waterworks, ttanifac-
TILE IhOMIEI GUARD 7
Wiring establishments, bridges, docks, airports, tunniels, and be prepared to
protect and defend such points from sabotage and enemy infiltration in
time of national emergency;
"(2) become fully inforned of all roads, trails, railroads, and other lies
of commnunicatioli within their respective lo)ie-defellse districts;
"(3) become fully informed of tie topography of their respective home-
defense districts together with the significance thereof in relation to military
tactics;
"(1) provide for and assist in the liospitalization and evacuation of civilian
population ini their respective home-dfense districts in time of national
emergency;
"(5) cooperate with the lntt-lligence Section of the Regular Army;
"(6) prepare itself to assiiue (lities in connection with the cooseription of
inopower in time of national emergency;
"(7) train aid arm a sufficient force to act in emergency to defend their
respective liomne-defense districts against any prelimitlary eneiny activity;
and
"(8) perform soch other duties iii connection with home defense and to
cooperate with the Regular Army in such manner and furiili tile Regiular
Army with such information with respect to their respective hoine-defeilse
districts, as the War Department General Stafi" may prescribe.
"Sgc. 55g. ACTiVE SERVICE OF 11oME DEFENsp ORGANImz) RESEtmv'.-
Members of the Home Defense Organized Reserve may be called to active service
olily in time of national emergency delared by Congress or by the President
plUrstiant to law, but shall at other times regularly engage in such drills and training
for s:'h periods (not exceeding eight lolurs per iio1th) as the War departmentt
(eiieral Staff may prescribe. Members thereof may also he called for not exceed-
iig fifteen days in any month for practice coordination with maneuvers of tile
Regular Army, which for the purposes of pay and allowances shadl he deemed
active service. While oil active service, the home Defense Organized Reserve
shall receive tile saliie pay and allowances as liersomiil of elhial rank in the
Reiilar Army.
"Ss:c. 55h. Sumi, xs AitMY EQUIPMFiNT.-The Secretary of War is authorized
to filtiilish the local Hoille Defense Orgaiized Reserve units with such surplus
rifles (together with anmmunition therefor), etluimneut, inatiel, and so forth, as
may Ihe reuhiired for the training and drilling and use of such units andi as may lie
reoiired Ibv their duties.
"SEC. ,5i. EXIAISTMENT NOT TO EXI'PT PRo'M CoxsCieTION.-EmIlisltnent
by aiiy Iperson in the home Defense Organized Reserve sliuill not he defined to
exelipt Suich p)rsoil fioin conscription for or assigilao'mif to service in any other
bramich of ti' Regular Army.
"SEC.
5 5
j. PENSIONS, htOUNTIES, ]BONUSES, AN So0 FO.Tli.----No member of the
luine l)efense Organized Reserve shall he reason of service thereii lie entitled
to aiiy Iension, iountty, bomis, gratuity, or hospitalization. exc,,pt for trainatie
injuries as a direct result of active service therein in time of war or national
elergecl('y."
JR. 4062, 76th Corig., 3d sem..]
A BILL ,ITo estibiili a Natlioma Ilone Iefine Force, anid for other plirlSS
Be it enactCd by he Senate oail lHouse of Reprcsctati'es of the I 'itfed States of
Amcrica in Congress assembled, That there is hereby established a National Hlome
Defense Force (hereinafter referred to as tiie "force"), for the purpose of more
adequately providing for the national defense by acting as all auxiliary to tile
military aiind naval forces of the United States anid by providing a well-organized
and (lisciplind reserve in case uf a1 armed invasion by any foreigii nation.
Only native-born citizens of the United States within the following classifications
shal be eligible for enlistment in the force if pliysically aiilt otherwise qualified,
as determined b y the War Department in accordance with such regulations as
the Secretary of War, with the approval of tile President, shall prescribe: Veterans
of any war, enrollees and former enrollees of the Civilian Conservation Corps,
and other male civilians.
Se. 2. The menbers of tile force shall receive instruction in military tactics
and ill tile use of arns and other weapons of defeilse amid shall be utilized ilIsofar
as practicalile in the constrction, repair, amd maintenance of such buildings,
8
THE HOME GUAR)
,fortifications, and equipment and perform such other duties at military posts,
stations, or elsewhere it the Western Hemisphere as tile Secretary of War shall
deens feasible and consistent with a policy of releasing for active military training
or duty in the field or elsewhere of members of the military forces of the United
States.
SC. 3. Tie members of the force shall be (1) under the direct control and
supervision of tile War Department, (2) subject to military law, and (3) governed
by such regulations its tile Secretary of War shall prescribe.
. SEc. 4. The grade, rank, and compensation
of the nembhers of the force shall
Ibe In accordance with such regulations as the Secretary of War shall prescribe;
except that tile compensation of members of the force who, at the time of enlist-
ment, were enrollees lii the Civilian Conservatioti Corps shall not be hss thai
the compensation paid while enrollees of tihe Civilian Conservation Corps, and
such members shall he required to make allotments of pay to dependent members
of their families, if any, lii amounts equal to amounts so allotted while such
members were eirollees in tile Civilian Conservation Corps. Members not
having dependents may make deposits of pay fit amounts speciilcd by the Secre-
tary of War with the 'Chief of Filiatice, Wtir Department, to be reimid in case
of an emergency, or ii pol completion of or release from eilistment, or to be paid
to such persons as sue h member shall designate.
Se. 5. Insofar its practicalble, the instr c'cors In military tactics and the u1e
of arms aul other weapons of defense shall be veteraiis. The grade, rmk, and
compensation of veterans who are iheslgliatedi as instructor shall be lin accordance
with regulations prescribed by tile Scuretary of War.
SE:c. l. (a) :nmlistinents ili the force shall be for a period of two years. A
member of the force who has served honorably dirig his original enlistnmiet nilay
reenllst for periods of two years each with the rank or grade held by lhhn at the
time of his last discharge, It ite reenlists with twenty days after the'date of such
(liseharge. After having served honorably for one or more years ia member of the
force may, if otherwise qualified, lie transferred omit of tie force, iipon his own
application, to uny branch of the Regular Army.
(b) Dirlig tIe period of his enlistment, am niemhber of the force shall be subject
to conscription for duty with the military or naval forces of the United States.
SEC. 7. (a) Enrollees and former enrollees of the Civilian Conservation Corps
between the ages of 17 aid 21 years llay cilist ill tile force; except, that such ati
enrollee or former enrollee shall not be'enlisted without the written consent of
his parents , guimndlan, or dependents.
(b) Atay other mative-born male citizen of the United States between tile ages
of seventeen and twenty-oue years or over thirty-six years of age, who is not a
nlr of tile Organizced Reserves, the Nationail (ard, or the ilRegular Army
or Navy of the United States, may etlist fii the force; Nut no stch piersoli who is
under the age ef twenty-one years shall he enlisted without the written consent
of his pareaats, guardian, or dependents.
(e) Veterans oif any war who are iative-hori, citizens of the United States, if
physically, or otherwise qualified, may cdist li the force without regard to any
age lihnltatlotis.
SEa'. 8. Meaihiers of the force shall lie provided, ili addition to a anonthmly rate
of pay, with qutIrters, subsistetce, and clothhig, or coninutatoti in liel thereof,
and ltledical attetil, hospitalization, ati([ tranlsportatioi as the Secretary of
Var llnay deei necessary. hlmrial, eanllailthig, and tratisprtatioi expenses of
memsibers of the force, regardless of the cause and place of death, shall I npaid
in accordance with regialatlois prescribed by the E tiployees' Comapeisatlon Com-
minssilon. The provisions of the Act of Fel rianr 15, 1934, relating to disability
or death coampensatiotil and other beIeflts shall Aplyly to cilisted mectbers of the
force.
S. 9. There are hereby authorized to be alllrollriated such suls as lay be
necessary to carry out tile lrovislois of this Act.
The (Th.tIltM:\N. You may )rocee(.
Colonel 01111tdllm'. Of the 'hseverl bills that have I)eeIl Considered,
mid especially oin the subject of establishing adei(ulto unlits for local
or 1101110 defa'*-se, Iloilo of tie bills except S. 4175 has received a
favorable report from the War l)epartmeml, ill general, because these
bills propose to establish ma latiolli force which would be an idjuilct
if) the ReguIlar Army and )rolbml)ly place ai utiecessary heilI'(km 111)0l1
THE HOME GUAID 9
the Regular Established Army forces ini the carrying olit of their
primary mission of comibatt tig enemy III'med forces.
'Pho War iDepartmient, however, is in favor of S. 4175, with smiw
suggested ameiitlments. If agreeable to you, sir, I shall readl the
letter addressed to the chairman of the Military Alairs Committee
of the United States Senate.
T1e CHAIRMAN. Certainly.
(olonel (C'niu IirLl, (icadijog1:
\VAIt DEPARTMENT,
1101. M RRI 81FIIIAR ,
'sh ing3on, Jlyl~ -, 19,1,0.
Chairman, (ommitt e on Military Affairs, Uinited Statcs Senate.
D:AII SENATOR SIITI'AID: Careful consideration has been given to the bill
.. 4175, to aenad section 61 of the National defensee Act of itnme 3, 1916, by
adding a1 iroviso which will permit States to orgiaize military mits not a part of
the National Glard, and for other purposes.
If the alniendheIiit becomes law, it will cost itute in effect blanket aut horization
), the Congress to the States to maintain troops, other thian National Guard, In
tfine of peace, without Initation of any kind, flitis removitig the restriction
imposed by sectioti 61 of the NatIomal lDefense Act. and by clause 3, section 10,
art cle I, oe the Cons(tit folh of the United States, the latter providig in pertinent
part:
"No State shall without the .oiseit (of Congress * * * keel) troops
* * * iiitimeof eiace * * *."
The Imiritse if the bill, f . 417, ti i,, ,'dlv is toi authorize States to have
troops for local defense In the absenie of the Nattional Giuard whten the National
(itud Is li the Federal service. This tiithorizathon can lie effected if the bill,
S. 4175, be amended by adding after the words "Natlnital Guard," on lie 7, the
following words "t hen" the National (,inird is iII the Federal service."
It Is suggested aiso that it illight Ie (hsira)le tit this time to inclhide In the, bill
alithorlzation for the Issue )y In War l)elartnieiit of sontime rins and equipment
t, States for the oive of these military units inttuiuei as there oiftei is available
equI I il lient no himger r'(litred by the War )ei)artieiit a ii( which woald lie suitable
for use by these State military units. Stich assistailjie should not prejudice in
any way th, present effort for ittional defeiise.
'he bill would then read as follows:
A Illl,1 'I T o lutiii, ii fll Ait" I fli Na Ia ulfm I )tfcns At I if Jane 3. 106. lb'i a Ilttg it trov. w Ill , %III
I)erilit Slit s to orvuhiiiil IiidilIIrS ii111 ilol n tiar of ihe Natio i (hiail, lit for olher wiumi rv,.
-'h it t,nict'd Iby th/it Senate" ftt House of Itpr(sctd(itirss Of /tie 1i1ild Sttics of
Anerica in ('ongr ss asst.mbl'd, That section l1 (if the Natitial )efenise Act oif
.111t1n 3, 1916i, be afitilIeded by Ieliniiiithig the period which closes the section and
addhig the folh)wiig words: ior the organization by and maintenance within
any State (of tijiliary timits, Iti. it part of the NationalGuard, when the National
(Itard is iIt he Federal service; however, no person shall, by reason of his member-
fhip ili aoy such ilit, lie exemptliled from military service under aiy Iederal law,'
so that tile aelneldl sect ion will read:
, -No State sltAil imtitain troops ii line of I)eice other than a; atithorized iII
accordance with the organization )rescribed utiier Ihis Act: P~rovided, That lotil-
ing containied in Ihis Act shall hbe cotistruett v limithig the rights of the States
and Territories it the use of the National Giari witlhi their respective borders
iII thaie of peace: Providtidff rther, That iotlhing eontalied in this Act shall prevent
the organization andi untittenaice of State police or constabulary; noiir the organi-
zatitin Imv aiti ninhiiteiiatice withitt ally State of miliarv titits, not. a iart of tile
Nationi (iard, when tle National Guard is itn the federal service; however,
no person shall, by reaoi of his niembership iii any such unit i)e exeiiihited from
military service ittnder aty Federal law: And pirovidtifurther, Tlhat the Secretary
of War ill his discretion and uitider regitlations determined by hint, Is ati horizeil
to Issue from Iitie to thne, for te use of such military u1ltts, to any State, nlpot
requisition of t lii' (hoveritor thereof, such aris atid ecqluipeilt as it. lie iii l)OSS0.-
ion of and cat lie shared ly the War D)epartnet.'"
If S. 4175 b, antencled asindicated the War l)epartinent offers ino objection to
it but oin the other hand recommends its enaetint.
Sincerely ours,
lINRtY 1,. t
4
T1.lsON, ,S'cnfarr/ of tI'nr.
10
Th HOME GUARD
This report has not yet been received back from the Director of the
Budget, and, therefore, it is not known whether this is in accordance
with the President's program.
That is all, sir, that I have to present.
The CHAIRMAN. Any comment on aty of the other bills?
Colonel CHURCHILL. Only in a general way, Senator.
The unfavorable reports on the other bills were returned to you
because they provide for national forces, and it is believed that the
plirpose could be better accoml)lished if, as indicated by this Senate
bill 4175, the activities were (ecentraliz(,(l to the States an1d the State
authorities, the governors, permitted to provide for their own local
home defenses.
The CHAIRMAN. Can you give us the history, what was done during
the World War on this subject, the United States GuardIs, home
guards, and so forth?
Colonel CnunmdiL. At the outbreak of the World War there were
about 100,000 National Guard and Regular Arm troops detailed
throughout the country to guard utilities, munitions factories, arsenals;
railroad terminals, (locks, and so on, anid this wats a very utteconontic
use of the earned forces of the Unite(d States. It l)revented their
training for their main purpose; that is, of combatting enemy ntnied
forces. However, it was a situation that had to be met, 1111d thi only
available troops were the Regular Army and the National Guard.
In order to return these troops to their normal duties, the Secretary
of War, tinder authority granted hiti by Congress, or granted by
Congress, ordered the organization of a force known as State Guards.
These State Guards were organized into some 48 battalions. They
were a national force supplementing the National Army and were use(d
generally for guard duty, guarding Federal activities throughout the
United States.
At the same time many of the States tnder authority of Congrcss
organized local State guards for the purpose of protecting essemtiul
State interests. TLhese State guards grow int size until eventually
there were uboit 80,000 men enrolled in State guards. These State
gtrds obtaitned a certain amount of equipment front the War l)e-
partment; about 78,000 sets of equipment were finally issued.
Senator GURNEY. Were they paid by the Federal government?
Colonel CHURCdnmLL. These State guards were not paid by the
Federal Government. They were maintained id tleir expentses
borne by tle States.
Senator GURNEY. Did the Federal Government furnishi any in-
structors?
Colonel CHURCHILL. No, sir; the Federal Government did not furn-
ish instructors for home guards. The home guards were organized
from the men who had had military service ald were able to conduct
their own instruction.
Senator HOLMAN. They were geuterally elderly men, were they mint;
that is, they were not men in the very prluiine of life?
Colonel CHURCHILL. The men usually who formed the State guards,
were men not available for service, for some reason or other, in the
regular armed forces; pIhysical (lisabilitv, or age, or other reasons.
The CHAIRMAN. Any farther questions?
Is there anty substitute plan for the United States guards now?
TII9 HOME OUARD 11
Colonel CIIUaCHILL. At the present time it will .not be necessary
to organize United States guards, because tile mobilization plan pro-
vides for the mobilizing of some 5(1 military police battalions which
will perform the same citiess that were performc(l bv tie United States
guards in the last Worl War. Therefore it will not be necessary to
provide that force again. It will be desired, however, to autlrize
the States to organize home guards, Mnd it will be desirable also to
authorize the Federal Guverjment to furnish some equipment for
these home guards.
Senator GURNEY. You mean during the World War there were
State guards and United States Guards, and then those who were in
the National Army?
Colonel ClUuim Ibim. Yes, sir. There were altogether for purposes
of hone defense, United Spates (lards, State guards, and tho National
G u a rd
.
,o
"
Tlie CHAIRMAN. What about the protection of Boulder Damn, which
is a tri-State proposition ? ( I
Colonel Cimuutnim,. Boulder Darn is a:' Federal utility and the
main responsibility for the protection of Biulder Dam rests on the
Federal Governmnt. The corps arch commander of tile Ninth Comps
Area has i )lans to use men available to him foi' the protection of that
(lam and lie will coordinate the efforts of tme Federal authorities with
those of tile several States iu tile protection of Boulder )amn and its
power lines. (,
Senator Arfm!.N. May I remark, f spent 10 days down In the Ten-
nessee Valley, visiting the various dain sits, mild dasls, aldh projects,
generating plants and so oil, and I observed that there are guards at
those various properties amid that one inspectiug or going about thon
must have a permit from tie, local administrator.
Senator GunNIm'. I would like to know a little more about United
States Guards. 'never heard of t'hen..; How were they composed
during tile World WV ?
Colonel C llTche;.jlho United States Guards-there wote some
48 battalions eventually authorized. They were organized as infantry
battalions. There were no. larger units. They operated (lireetly
under the War Departum tt through tile National Guard Bureau.
Senator GURNEY. They were l)am'by the FOA' Iral Government?
Colonel C unCHIL,. they were paid from Federal funds. They
were organized, equipped, paid and supported by the Federal Govern-
ment.
Senator GURNEY. I-low many men were in that organization?
Colonel Ctucmm,,. Tlere were some 20,000 officers and men in
the United States Guards.
The CHAIRMAN. What about the protection of interstate utilities
like railroad bridges and things of that character?
Colonel CHURCHILL. Whenever a utility of that sort is primarily of
interest in the national defense, then the corps area commander, with
means available to him, will assume, responsibility and probably pro-
vide the major protection. However, the corps area commander in
cooperation with the State authorities may devise additional methods
and means for protecting such plies; but in any event it is tile corps
area conimander's responsibility to see that activities of that sort are
guarded and l)rotected.
12 THE 1 1OME GUARD
'11i6 CHAIRMAN. You say the State officials; does that mean a State
officer?
Colonel Ciuiciiu. The State authorities; the governor, or whom-
ever he may appoint to attend to it.
The CHAIRMAN. You said something about equipment being aviail-
able for these home-defense troops, or these State troops. Do you
know whether actually there would be much of it or not?
Colonel CHuRcmi. It is difficult to determine how much equil)-
ment would be available, but from the quantities l)rodu(ced in the
World War and tile quantities still on hand, my personal opinion is
that there would be considerable equi)ment available.
The CHnAmwIN. Any further (juestiolls?
Senator SLATTER:Y. Just one possible tecluical objection to the
language, Mr. Chairman.
The suggestion was made by the War department to amlend the bill
by inserting, after the words ''National Guard," in line 7, page 1, the
words "when the National Guard is in the Federal service," and it
evidently restricts the organization of this home guard until such time
as the National Guard is in Federal service.
Now, I can see where )ossibly there may be necessity for a move to
start to organize before the National Guiard is in the Pederal service.
Colonel CnmuaemmtL,. I think, sit, that that would not be illegal
under this act, to make plans to organize these troops or State guards
in time of peace and actually to put the )lns into operation wlen the
National Guard is in the Federal service.
S(elator Sl.V'rTEtY. Would not that he in the na tum.e of organizing,
when you are making plans?
Colommel C'mitmliI1,L. I do not believe time plans would I) efhfetive
though until the troops were raised, ammd 1 (10 not see how there
would be any objection to that.
SMator Sr,.MraH. I thought possibly it would be wise to correct
the lanmguage there.
'he CFAu.MAmN. hlave any State authorities conferred with tin'
War Department about matters of this kind?
Colonel Cmui U (1L',. lepresem natives of New York especially have
been down to discuss matters with officers of the Wil, Dep)artnment.
The State of New York is making l)hlams now to organize State guards,
and they are waiting, I believe, for this authority before they put. the
phan into execution. They expect, of course, the National Guard to
b('c called into service soon, and then they want to organize their
homo guards, the State guard.
The CttAIMIMN. Would their planm conflict in any way with this
plan in S. 4175?
Colonel Citumcnium,. No, sir; this authorization would assist them
very much in pltting their plan into effect. That is the reason the
War Department is in favor of this plan. It desires that the States
organize home guards to relieve the pressure that is bound to be
placed upon the War Department in answering requests to guard
local utilities.
Senator GURNEY. Is it the intention of the War Department to
exempt from the selective training bill memb(rs of the proposedd
State guards?
Colonel CiuneCnima. No, sir.
Senator AUSTIN. It expressly says so in hine 8.
TH, , ]OME GUARD 13
The CHAIRMAN. Wliit authority would tle Federal Government
have over the State troops?
Colonel Cnuam-m . Tie Federal Government would have no
atthority whatever over the State guards.
Their CAIRMIAN. Any further questions? Would you have any
comment to make on the other three bills that were reported unfavor-
aIlly?
Senator Atus'rN.. I think you might put those reports ill the record.
Colonel CII uIWIIL. Y es, sir; thle reports on S. 4138 and S. 4062
111d S. 4131 have been returned to the Senate Military Afrairs Com-.
taittee. I have copies of the letters here which were addressed to
the Chairman of the Committee, and if you vish, I will read those
letters.
The CIIAJUMAN. Woull tile committeee like, to hear those letters?
I think you should read theni.
Colonel Cw('m-m,. All right [reading]:
]UEIOIAT OF WVAIt I)EIPART.TMNT o\" S. -106|2
WVAsuIiNUTroN, July 2, 19140.
11011. |oRIs SaII'PIAlD,
Chairman, (ommicc on Military .,Iffairs,
U nit '1, States Sitm,.
DH,AR SENAToa .4LIni'TA no: ('areful considerat lon ha been given to tile bill
(S. 1(102) to establish ita Nationtal Iloioei l)efeiise Force, and for other iitrses,
which \ou trimsamiited to tlie W' I)epal rtieit uider date of May 30, 1010, with
a reqluest for ilifornmtion and tile views of the departmentt relative thereto.
1Thie bill )rovhhs for tit estabislitiient of a National iloae D)eftnse, Force,
for t ile pturise of Inire titht,! lit, ly I)rlvoiding for tile nittioaml defense by acting
a: all auxiliary to the ililry al.l) n naval forces of the United Slltes and'b y pro-
vidlig it wel-('rganlized aii disi'il) liid ,itresrv' ili case of an armed inasi, Iiby lany
foreign iatioi.
''lit Secretirv of \Var is exl)rcsly or imlplilc(ly charged iider the bill with tite
liuty of orgzilg, recrulitincg, arniig, e )il)l)iig
,
discipliniiig, and training the
personnel to be enlisted. lie i. also chargeI wit i respoisililitv for the ainilds-
tnt ion itid provision for their shelter, subsistence, cloth lig, Iii.liltalizatlou, an1d
transportation. The Secretary of War, prestnituilv acting for tiev Preshilent, is
also filltllorized to eilploy tie ... its to i)e formed fi)r certain linilted pirlosls lii
collleetioll with llationiil defellse. [t is tilisa alparent that tile force eotiteutplated
woull, for illost Iraclical pulrposes, (loIsti tfille III etret fll adulitiollal volmlollnt
of the Army of I lw United States, to he availalh for list' during peace or war.
Except for malltters ,'rt airing to uxileises colilleted wilt tie deiti and di1-
abdity' heiefits irovidetd, which are subject to regulattion by the i'ie Stiates
Ellloyees' ('olpensation ('on issiou, ti le Var l)epartteitd is vested wilt lih'-
ary power to control andii sipervise ti force and, subject to certlail restrictious
contained Iln the bill, to prescribe the grade, rank, and conltnsation of the per-
soitel to be enlisted.
Those authorized to enlist lit (lie force must lie native-born citizens of the
United States, who are physically al otherivise qualified, to be selected from one
of the following classes of personss:
(a) Veterans of alnt' war, without restriction as to age.
(b) Enrollees and tormer eiirollees of tilt Civillani Coi servation Corps who are
between the ages of 17 atItA 21 years.
(e) Other male civilians between tle ages of 17 and 21 years or over 30 years
of age, who are not members of tie IRegular Army or Na\y, Natioial Guard, or
Organized Reserves.
Certain specific Iprovisiolls are contained lit the bill relating to other matters
convicted with the enlistmenit, reenlistment, eligibility for transfer to the Regular
Army and tie nakilng of allotments.
Ai he bill fixes no numerical strength of the force to lie organized, tile number
of members to be enlisted woul doubtless lie discretiolary with the Secretary
of War. Furthermore, oit) Itiention is made lii the bill whether all aefibers of the
force contemplated tire to be lii al active-dutLy stitis at fill thes or are to be
204085-40-2
14 Tll
'
HOMIE' GUA.lR
actively employed only as occasions may arise. As the bill stands, (his deter-
iitiation is left to relations.
Presumably the existing personnel, equipment, and facilities of the Army of
the United States would have to he eii)loyed to a cotisiderable extent in the
discharge of the responsibilities imposed I)v the bill ti1)On tile Secretary of War.
Except in this conliection, however, the bill appears designed to avoid the pos-
sibility of weakening the strength of the Military Establishment, by naki;ig nien-
hers thereof ineligible for enlistment In the National flome l)efense Force. Like-
Wise, a purpose is evident, front the age limits fixed to avoid taking any of tile
required persomel from potential military reserves between the ages of 21 and
3( ears. However, it shoul ie ,ioted that tlie bill expressly exempts nienliers
of the force front conscription for ilty with the military and nval forces of thlie
United States, mid it is obvioo.s thaitlally individuals of draft age iight be
affeeted by this provision, deliending uipoii tie draft ages which iay he fixed
by law.
From a Ioint of view of cost it ut ionallty, no series objection appears to tlie
hill as a whole, inotwith.tandlng Its several l)rovisions which iii effect delegate to
tle Secretary of War power to regulate iany matters now fixed by law for tlie
Military Establislment. however, if tlie forev to lie created is regarded as i
integral part of the Army, a IllIIears to be ('outemInted, the restrictionIis Inllposed
ipon the itilizatfu;i thereof might, at leit n time, of war, Infringe uponm tlie
exercise by flie President of his (ois( it lit onil power us Conniallder ill Chief of
the Army mil Navv.
It is belv,'ed thlit, ,hoohl tile posed il leglttit'ii be ellaeted, it wollld illlose
up1)oin tie War )elltirtment it task siiiliir fii I iiy respects tt that involved ili the
organization, nainitenance, uuiud adninistratllll of the Civilian (Colserm at imun
Corps, with ion icI, very inilportalit differeinees, aniong which Is thit tie members
of tile national hllie defense force wouihl ibe sobjeet to milituiry law. It wolld
also centralized control hi teit, Federal (overlllilit of tlits ( qllite rjtilllr to s oliiu of
those, which ll'have heretofore beii orgat i/ed ald stlw-rvIsed(I by the respeicive
States, with a (h,ire of Feheral ald (act of Jloe II, 1917, .1) Stat. 181: act of huuly
9, 1918, .10 Slit. 871t at if Feb. 25, 110, 10 Sltt. 1171). ot (ihue other liitl, th;(e
foree I proposed would also closely iililroxiliiiti, tliiit dihsiouuted as ti I'litied
States gilarils, wi h Ii wa' fede rally orgulid it I Iider tie, prno isiii is of tlie World
War i)raft Act of 1017 (see. 2, net if May 1, 1.917. .10 Slt . 7 : 0. N No. I162,
War Dept., l)ce. 22, 11117). Mbiliuzati;)n i'et'lht ions ii ake io pro% isloi for
Federal forces to he iused exchlusik ely for holie-dchfense I)rottses.
TIlltnninarize: h'le eieti ,eIlt of the bill iiito law woull mint ilfect existing laws
goverling the Military Establislnuent lit al, direct or impiortant partletar, except
its alive iluideated. There is io sumstatitil ,legal objection n to tile bill. Section 6I
(I)), page 'I of the bill, ill Itself. is sii ohjectlhiablh as to warrant this e)epartnent
reimndiieliiig aialiust enactinel, Itt addition, this anti similar irolosals will,
if enacted lito law, have tit, effect of (lissipiatilng the tine alil energy of the
ltegular Armv officers ad t lit War )eliartment, which ti ne atid energy shnold
Ie devoted to increasing tie etlicieticy of the Ariiy aid of forces which nmay ie
raised by selective service.
The War l)elartmuent reconiieids against enaetinetit of tlhe bill.
Since t his bill Is Ident led with if. It. 99.11, regarding which tile ltuireati of tile
IlIdget indicated lhev would have no objection to tI,, stibmission if all ufavor-
able report , this iroliiisedl legiklalion has inot beeni submit tei'd to lhe )rector of
that Ilhirei.
Sincerely yours, louls ,JoIll'.vs ,
Acting ,c'rclar of War.
Tie CuIIIAMAN. Any (Iles1,tionS on that )hill?
Senator AUSTIN. Is Sellatol' BlidIges awat'c of this report, (1o youl
know?
'l'he CHAIRMAN. Colonel Wmitt says thit StMator Bridges has been
fulilisled a Col) of the report.
Now, how iltolltI. S. 41:31.
('olonel (lultcula. All I know of tht bill, sir, is that an lnfavor-
ile epoirt wis retuirniedl Oil that )al'tiellar bill.
Senator AUSTIN. I think that we otughit to uIlt that report ill th0
recordI.
'rim HOME (UARI) 15
The CHAIIIMAN. That r1'ort will b0 111t ill the record at this point.
(hie report referred to is as follows:)
WA/l DEPARTMENT,
Jul 30, 1940.
1li. Monrt SEIP'AIR,
('hairmaa, ('ommitl(e t1 Militaryi Affnirs,
United Staits ScalC.
lD:AR SENATOR SoMPPAnR: Careful consihration has licei given to the bill S.
-1131, "'To atneil the National Defense Act, as amndtled, by adding thereto sec-
tion 127 (h) providing for a National Industrial l)efense Corps, and for other
purposes," which yol tratistitted to tile War l)ertineit mider date of ,l ttie 1:3,
l1910, with a request for itformtion and tilt! views of the )epartmntt relative
thereto. Since tit(e stuly of tie bill as printed was in lrogress wlein Ih, copy
bearing pencil eliiiiges vas received by tit, War l)epartuent, tit(, basic (isc(,ssioti
will cover tit(, bill as printed, following which tilie effects of tile changes, indicated
ill Inlcll, will hi,' colenite(l ilt.
IE'Xisting lzwi wl \li will be affected by tiil, enlactmnit of tit(, iropon,;d legkia-
tioiii are:
Article of War 2 (.11 Stitt. 787; 1(I U. S. C. 1.173), id Artlhl., of War I (.l
Stit. 78S 10'. U C. 1.175); scope etilarged by pIrovki,,ns of stihjnrigriiph (21)
of the bili.
Se ,lion I, Nattilial defensee Act, as a tiienhI (-ISS titt. 153; 10 1'. S. C. 2),
' a lie t w cloilnlient (if tlie Fedhral forces will he created.
Siltions 37i aniid :3, National l)efeiisi Act, and se(lion 1259, Plevised Stattll es
(10 U. S. C. 1110), ale allnlg (xisting I, Was all'ected by the plrovisiotns of sulupura-
gratl)h I 09).
l 'evkd St atiutes 788; 28 United States Code 51), lllii act of ,hill{1 15, 1935
(11) Stit. :178); 29 Unitei States Code 5011, are allowing those laws alfect ed by
slibpurigritph (I4) which exteuils allthority of (Tit(id States Imirshlls to iei-
hers oif till National lluidh trial I)efeisi' Corps.
Ilevi.ed Stlatutes 787, its aoiended by the act of ,h one 15, 1035 (-19 lStt. 377);
28 United States Code 503, is also all'ted lby siibpiaragraph (II).
While le above does Inot represe lt a full citation of existing laws affected, the
riniiiiipil classes of statultes have ieii ellliritcil.
'Thlie provisions of the bill lake till excelptioli to the so-calleI posse coinitatils
act (20 Stat. 152; 10 1. S. C. 151) iiisofar its tilly hprt if 1 te Armiy of 1te I liei
States IaV ie eIhoyed "for tile purpose of exe.ecitig the laws.."
'The legal effect of I Ie bill will be tlie estali net of a lew comillnent of
ouir Federal forces.
The chligus iiiade in pencil, sibparagraplis (14), (10), ad (21), have little
effect froill tile legal viewpoint, The chatige ili (1-1) appears to large tie scollie
'if authority ol" iicelrs of tile Nat ioinal Iiidustrial I)efetise ('orps over that (if
t'ited States illrslial.
While thlie immediate fiscal effect caimot lie deterintlted, it alIears that the
principal initilal cost will Ie the layumeit of olhicers of the various services who
tinay he entitled to IlaY wilen assig,,ed to iuits of tile Natiotal Industrial I)efense
Corps. Even though t Ie bill provides ii stiparagraplh (17) that no other com-
)etisat io, liiisioi, I1lietlit, or subsistence shall be pl to, accrue to, or lie at-
IowIed to fiul such ieniber, except a coml)ensatloi of $1 for eaclI year or part
thereof (lritig which it member shall serve, etc., there is bit little (doubt that lit
later years lienuelIts will he claied for service hijilries.
'i'hi, lull is not ili coiifortmity with the War )epartnenit's policy atni lilans for
aeceOltl)lilhitg the purpose IhitelledI. It places oln the Secretary Of War atnd the
War I)epartlelnt ditties aIIi responsibilities which are iltilnelut tiioii local,
imlicipal anld State governments, iitid Federal agelueies such as the l'Federal
Jitretl o? hilvetigatlill. The N' ar l)epartnctiit takes the view~ that the coii-
stt itollial rights of tile States shlilld not, io uisiurped iby the Federal (hovern-
aielt . Neither should local, uintticipal, oi State goveriitoelits lie ecloulraged to
shrink from responisililities clearly defied as theirs, by making Irovision for the
Federal (overnment to assitme these (luties. The War 1)eparttneit statllds
really to aid State authorities hi lirelaratilti of cottmprehetnsive
.
plans atid iii
coor(lialting thet with ('orps Area plans. Iurthernore, the War )eparttnent.
has plans for the protection of tlistiral itstallatiois considered vital to the
laatlotml (lefeise li the event protect ion is beyotld the capacity of the State.
16 TIiE HOME GUARD
The War )epartnent cannot favor the creation of a new component of tile
Federal forces. Federal military reslponsibilitles should be met with the Army of
tile United States as now eonstitited.
The War departmentt is const.raiied to recomndiinei(I against tile enactnent
of S. 4131.
'rhi.is proposed legislation was silinitted to the Itreati (if tile Budget which
reports that. there would Ihe no objectionI ti tle subniision of lhe pro)pose(l till-
favorable report on S. .1131.
Sincerely yours,
dcritar!/ of W'r.
The CHAIRMAN. There was a bill priorr to this ont time saie subject
What was the number of that?
The CLERK. No. 4105.
The CHAIRtMAN. I will ask that S. 4105 be also published in this
record, as well as tie report front the War Department on that.
[Th'I l)lepartment (id not report l ii . 1105 Ibucaise of inrohlictioi; of 8. 4131.1
Senator AUSTIN. IS that tite one0 that we ( hilal'iIgs on?
'The CHAIRtMAN. Yes; we had hearings on it and ilso oil tie seCOnd
bill, S. 4131, the bill tiat has just been referred to.
Senator AUSTIN. That was the gentleman front Texas.
Tile CHAUt~MAN. Yes.
(Tile bill referred to, S. 4105, is as follows:)
18. 4105, 76th ('oiw. 3d sess.]
A HILL To create the Nationa lIndusrihl )eftis, (orps
Whereas there is nted to Irovi(le for a defense of tile ione front ill time of war
and during preparation Iriir thereto, to prevent interferelice with tile' ( ioverii-
ieiit's program i preparing for dhefeise, to give ade(liite priotetiomi to mill iniuis-
tries if every nature now ir hereafter declared to Ibe essential to national dlcf(,iie.
to (iscover andi to combat sibversive anid trea.iermis actkiity, tll([ for tl his.
jiiirposes to colistitlite it special, linitei service component iif the Federal forces
to be klnowi as tile Natioiial nidtistrial l)efeiise Corps: Therefore
B' it enutcted bq the S'enate ond Housc of Icpr'scntutirtcs of the Unitcd S'tates of
linirire in ('Oigress ask'eibh, That tlie 'atioial i)efeuso Act of ,iliiu 4, 1920, as
aiineled t) date, he amended Ivy alhliig therit-) section 81 (Ih) as folhws:
"yo.. 81. (b) Wherever the Presideiit shall (leei it iecessary ti the national
security, lie ik autlhiri'le and emnipowerel to designate til iidlistry or indlistries
as being esseitial to the national defense, nid lie shall have the pIower ill time of
peace to accept enlistment of miei employed Iy iir oceipied iii such essential
industries for such period of tiiie, andt( iiilder such riles, regulations, aid discipline
as lie inay froin tiiie to time Irescribie under tile following cocditiois:
(a) Such coinponcuit of the Federal forces shitll ie known as the National
Ilndlstritl 1)efelise Corps (hereafter for brevity referred to as N. 1. 1). C.). Every
person enlisted and accepted ill N. 1. 1). C. slial )e a citizen of the United States,
Shall be above tile age of twenty-mie years, and shall be, at tile tile Of elilistllilit
emloyed 113 or (iicciipled ill ali essential hlidiistry as declared by tile President.
(I)i Application for enrollhnt shall )e made under oath, anid shall ire
accompanied by proof of qiualification as to character and enploymnent certified
to bv it res )onslile (iflicer or official of the applicant's emnlloyer, and such appli-
catiin shall e subject to acceptance or rejection by a reviewing authority il)-
innteI for tills iirlose, amid, if accepted, a certificate to this effect shall ibe fur-
nshel tilie applienuit, which a)lication i amid certilicate shall coistitilte the apllli-
cant's enllstment ill the N. 1. 1. C.
"'(c) The mnenibers of the N. 1. 1). C. shall have the right to hear arns and shall
have the authority now granted to United States marshals, I lut only to the extent
alld in the nianller as miay ibe frill tine to tlme prescribed by ior iinler the au-
thoritv of the Presidemit ailI all arms to be utilized by tie enmbllers of tile N. 1.
D. C.'shall ie registered as to caliber or gage, type of wealioii, the Inanufetiirer
and seral or identifying number.
"(d) No ecom iesation shall be Iaid by the United States (overnmeiit to
miteineors of thle N. I. D. 0., icir mlay Its iiieinbers be required to serve hievoii the
THN' HOME GUAIII) 17
area prescribed in the member's application, or, within such area, be called upon
to carry out any dtittes as would materially interfere with the member's enlll oy-
ineit as stated Ii1s appllcation.
"(e) TUhe President may assign to duty with the N. I. D. C. any officer oil the
active or inactive list includingg retired oflicers of the National Guard and other
military and niaval forces of the Nation) of the Regolar Army, the Navy, the
Marine Corps, the National Guard, and/or the Oficers' Reserve Corps, and
officers in each corps area shall he designated to command, control, and have
charge of N. I. 1). C., whose duty under the corps-area coriander shall be to
provide for cooperation between the members of the N, 1. 1). C. within their local
area, to instruct the members of N. 1. I). C. in their voluntary duties and to pro-
vide for them plans for carrying out their objectives in detectig and reporting
acts of sabotage and seditlol aid ill suppressing ariied inistrreetioI against the
(Iovermnent; and to provide for reports itpon the activities of N. I. I). C. within
the area and afford liaison and cooperate with the Federal Bureau of Investigation,
local peace officers, and other appropriate agencies of the Goverinent.
"(f) A member of the N. I. 1). C. shall not be exempt by reason thereof or
because of anything contained lit this Act froI liing drafted into tho Federal
service tiider ally selective service Act niow or hereafter lit existence. Upon
voluntarv enlistment or other form of induction into tie military or naval service
of the Uilited States membership In this body shall at once terminate.
t'(g) In the discretion of the Presi(leiit, and with the consent of the Governor
of the State conerted, and while the iiiiits of the National Guard normally
occtipying arinories or other buildings aiil liistallations p rovide(d for them are iti
Federal service and not at their home statiou-i, the N. 1. 1). C. and ally unit or
tiiiits thereof shall Is andI occupy stich armories or other buildings or installations
for organizational, storage, administration and, training lrposes:l . Provided,
however, That the President is authorized aid directed to provide for pitaying, out
of itity nllropriations available for the natinial defense, t he reital or other charges
which the State concerned would otherwise be called upon or obligated to pay
during sitlh period of tuse or occupancy."
The (AiIt. And how about S. 41138?
('olitl (ll(i'lll, l. I have the report on S. 4138; yes, sill.
ThV (iAIIMAN. VVl', well, I think yol had bet il 1't iad it imid thll
we will have ht'eard it.
Colonel ('t'lletiili l.. Yes, sir readingg:
WAR D)EPAltTMENT,
1I'ashiington, July 31, 19/10.
i oi. Ml oittols SliuEu'.aD,
Chairman, (Colnmilhtc tt .Military Affairs, Unih
t
d Slates Seaatc.
DNAlt SENATOR SIIPPAR.Dil: Careful consideration has been given to S. 1138,
it bill to estalblih as a lart of the reseve coiiupoiieiit of the Regiular Army a
lomne I)efense Orgatuized lIteserve for local hlioie defense, which \'Oil tralisiitted
tItthe War )elartneni under date of. uine 15, 1940, with a retitlest for inforinatloi
and the views of the h)epartineiit relative thereto.
The bill as worded would aniend seelons I and 55 of the National Defense
Act, uis aitteild, by providing all addititial eilloent of tile Ariy of the
United States, the use of which -would be restricted to local hiome defense.
The legal elfect of the bill would Ie the estaltlishliet of a new colmlinelt of
our Federal forces.
The cost of establisliient aid nahitenaice of sich a comltiionent would lie
coit iigeit iplli the streingth aind equllielilt provided, the freqllelticy of utaituver
Iteritds (the nuinxiun being set at 15 days p er month), aiid t lie ittititber of officers
iid men of tile leglihr Army emlloyet" with the forct.
The bill Is not lit accord with th Ir )e parttenit's policy for home defeise.
Enuactitment would place oil the Secretary of War duties aid reslttiisiblllties which
are ietniiiteit, uoln local iuilnicipal, aiid State governteilts.
The llal of tle NVar belartineit for protection of the civil Ilmolulation front
air adi other attack, while Is lhelig trattsinltted to the corps area comtnnanders for
their glildance, Is Intended to accomllish the pirliose for which the coitponent
provided for in this hill motild be organized. 'ilder that tlan the resltonslliltty
for the protection of inllorlatt installations aid facilities is considered a primary
respitsl ility of the local State alld iniicipal aiuthorltles. Hence, the Statle
will Ie encoiIraged to asslime Its reslponsillliltles it war as in leace, thereby leaving
the Ariy of their United States free for acting lit tle theater tf oleraltins. Should
it ecoite necessary for the Flederal Governient to assiutme a greater share of the
18 THE hIOME GUARD
burden of home defense, the purpose could be more efficiently and economically
accomplished (and with a lesser (issipation and diversion of Regular Army per-
sonnel) by the expansion of an existing component of the Army.
In view of the foregoing, the War Department is constrained to recommend
against enactment of the bill.
Legislation proposed in this bill is identical with that proposed In H. It. 10071
and If. 11. 10072. The proposed War Department report on these latter bills,
identical with this report, was submitted to the Bureau of the Budget which
reported that there wouhl be no objection to the submission of the unfavorable
report to tho committee.
Sincerely yours,
hlENRY I,. S'rIMsoN,
Secretary of War.
The CHAIRMAN. Any further questions? Thank you, very much,
Colonel.
Colonel CnUitcniIL. Thanik you.
Tle CHAIRMAN. Governor Lehman is to be here to testify on
Thursday, so we will not take any action on this matter today.
Senator GURNEY. I would like to ask if it is possible for t'he units
authorized under S. 4175 to use the armories in the several States,
when and after the National Guard goes into Federal service.
Colonel WATT. The arnmories are State property.
Senator GURNEY. Under Federal juriSdiction?
Colonel WATT. No; under State jurisdiction.
Senator GURNEY. Because the National Guard will he federalized.
Colonel WATT. WhnI federalized and called into the field, into th,
Federal service, the armories are provided for by the States.
Senator GuRNE.Y. So your assun)tion then is that they coul u|e
those arillories?
Colonel WA'r'r. They will use them.
Senator SLAT'rTr:iV. And they did in the World War too?
Senator AUS'rIN. I think th suggestion of the Senator from Illinois
(Senator Slattery) abtlout th( location of those qualifying words is
very inlortant and when we come to report tit bill, if we do, we
ought to hear what lie has to say about that.
eCHAIRMAN. Very well. Sulppose that we adopt his suggest ion
now, make it a part of it. Suppose we hear Senator Slattery at this
time.
Senator SLATrEmY. You see, with the amendment l)rol)osed by the
War Department you are limiting the organization until after tit
National Guard is in tihe Federal service.
I think we ought to provide that plans may be undertaken anti
organization take place prior to the time that the National Guard is
ca led out.
Senator AUSTIN. Now, could that not be accoilmlished by just
relocating those words? What were the words the witness gave?
Senator SLATTERY. After the words "National Guard" lie
inserted--
Senator AUSTIN. Oil what line?
Senator SLATTERY. Oil tite seventh line of the first, page: after
"not a part of the National Guard," the words "when the National
Guard is in the Federal service."
Then he makes the same insertion after line 12 on the second page.
Senator IIoILMAN. Senator, his exact language was on line 7, after
the words "National Guard", insert "when the National Guard is in
tile Federal service."
THE HOME GUARD 19
Senator AUSTIN. Now, those words, with no punctuation, preceding
then, merely (lescril something. They (10 not fix a time. They say
after the National Guard of the United States has )een called out., you
may still have the National Guard. That is, uinder the existing law
you may still have some m l)ers who were never federalized and who
may (onistitite a National Guard of the States.
Senator GuANEY. May have, but its a practical matter, there fire
no National Guard units as such. Thy ar, all National Guard units
of the United States, art, they not?
Senator AUSTIN. No. 'T'lle question is, Does the amen(lentIt h(
proposes aim to identify that, or does he propose to fix a time? If he
does propose to fix 21 tine, I would just leave it out, entirely. I think
that would be the best remedy, to omit it, from the bill, because we
should not he narrowed down to the time when the National hard
was serving the Federal Government. 'fake a State like Vermont,
which is not intended to be called out, according to the testimony.
They are not going to order out the Vermont National Guard, 1)rolbaly,
because Vermont has not got any equipment or has not got. alequlate
equipment.
Now, Vermont could not go to work organizing this home guard
just hecalu of these words, if they were put in there. They just. coul
not (10 it. They could not. prepare. They would have to wait until
the National Guard was called out or ordered out.
What. is the object of those words? What is the object of limiting
the time?
Senator SCHWArTZ. In line 12-tlt is where he is inserting this
hugage, ''when the National Guard is in the Federal service' ' Now,
at, the end of line 12 take out the semicolon and insert:
for service within the States when the National Guard is in the Federal service.
That is organizing, permit ting you to organize theinit ally time
yoll walu, 10.
Sent tor AUSTIN. That is right.
The CIAIRIMAN. Well, SUl)l)OSe e tAke this u) further, then, When
we con'.e to the find write-up) of the bill.
Senator AUSTIN. I adi mit. Ido not, know much. about it.
The CHAIIRMAN. The Presidenlt, of the United Stattes, according to
the newspapers reports, hrs suggested that. the Legionnaires be used
for this work and the veterans of the World War. We (ean consider
that.
Senator LzsF,. Which suggestion is at mighty good one, I think, if a
plan, if the machinery can be worked out. to'utilize heir offers; their
patriotisil can hardly be questioned, and they have been spoiling for
a fight since the last one, and I think they were very much con-
mended at being included in the national defense program. I think
the general effect, if we can work out a plan, amlimachinery to do
that, will be certainly good from the stand point of unifying A'meriea.
Senator GURNEY. I would like to have Itad the President stay, in-
stead of the American Legion, ex-service men.
Senator LEE. I did not see where he said American Legion. Ho
Said "Veterans."
The CIAIRMAN. Ile included the Veterans of Foreign Wars.
Senator Lim. I think lie sai(l "veterans."
20
T'I 0 IIOM, GUARD
Tio CIuAIRIAN. Was that wit lie said? At least, the newspaper
articles, as I read thenn, said "veterans," antI not Legionnaires.
Senator LEE. Whether lie in language referred specifically to
veterans' organizations like tile Amer'ican Legion and Veterans of
Foreign Wars, 1 do not remember. I d0 not remember that; but L
reteniber tile newspaper headings had it veterans.
I saw one article saying American Legion and Veterans of Foreignl
Wars.
Th11e CHAIRM~AN. Talit initlides all of tlhem.
Senator SCHWARTZ. I SUp)l)ose that is bieCtiuse they alrt'ady have
all organization, or are already organized, find it woulld be a sirtjille
mIatter to clothe then with proper authority to operate.
Senator (IUINEY. I woil like for it, to be iiade possible for inert
who have been in the Regula' Arny since the Worild War and who
are now retired. ''hey woul be ex-se'rvice men juist the saie its
Ilen who Served il i the'World Wr'.
Senator' , :,. Yes. ()f course, for a quick set-up ill itilizinig or-
ganizations that now exist, that, couhl be done.
In ant eiergettey, like flooIs and disasters that have tie itred, tile
American Legion is alrealy organized Ilind e(i mlove in and take Over.
Senator AusrIN. %NI- tndeistainding of S. 41175 is t hat it would
aflor(l til )l)ortunity to' leadership )y tle Veterats of ,'oneign Wars.
andi other veterti as, aid yet, would not Ive tile iiri lity of leinig
limited to them. There are others who were not. in tie war who will
be glird to serve and who wouhl.
Senator LEE. I (o not think it shouh exlude others.
Senator Aus'riN. And would Ibe able to coW under Ibis bill here.
Setnator' SCHwA rTZ. I know World War veterans that fire iot in
anfy of those orga nizationis.
Senator lY:.:. Yes; imrly of them.
Senator AU8siN. Yes. There were some who did lot get to wa'.
who went out and traieI and were perfectly willing to go, but for
SOtIt' it'isOll--altld 11i1ny 11 n(1 viltriolls retisolis .wete o tlo le t(ii( .
''hose illii-I know sonie of tlhem-- would be glid to coile inl utle'
tis Pt'ov iSiOrt anid becomitr' relirlv's of tit(e home "1l1tt 4l. 'rlvcy havr e
all of the ent itusitilm ind till of liii' pat iotism, a aX fot' tit'uose of
honie grtrds, they tire j it- good as, tIt ot hers.
Senator L . t think that iti1y phlt should irieltilef all such tl
You have na1i(led there, a(d not exclde' thlin. I (like it, tltt t Itt
statement wits in(nded to tirean that they wolld be lroulit in. I
(lid not take it to nteaa that others would 'he ,x'lhideI. O( coti rse, if
fill teVi'getity should hlppen overflight and we had rto time to v set up1
ar organiriizat loll, there are two organizations all readv we Could call oi
ill t lie uea ntire; but we are considering here deliberately it phill ilat
is more tlit(, result of time, wlieh gives its 1llo', t itli to make it it
pltrti tient sort of a lproposil iot ad it should I e all-etlbracing.
Tile C.x.Ifi .\. Ar( there aly fri t her qul estions?
'J'hen the committee will adjoin', to meet at it liter dilte.
('li'ereipon, at 11 :25 ii. Ill., tltte conrmitti, aljournecl.)
TH'IE 11031E GUAIII)
THURSDAY, AUGUST 15, 1040
Il'iscingbicc, P. C'.
ill thf leclilii I e ro(131 of tie ( 'aiiiiiiit tee otil Nlii ry Affl'iis. liIonl
Morriais SlieppaicI (elliiiiiciiiii). pii'eSiliiig.
TlPli C HA IRMA N. 'I'Ill0ilt tee will ((luli' toi border. 'I'll I. olli itilt t e
is v'ecv liigliI%' hlooec tic lifti-e with Ic - u souvcrnrc Lehmniii of Ne~w
c'liisetIs.
G 'oveirin, I, ill *v'ici eiliirp ig'upiiii your suggest joils legil cycling it sili-
stiticte Nitticcccl (sicc ori ii adcdiitionaiil Noutionail Gimict tio take~i the
STATEMENT OF HON. HERBERT H. LEHMAN, GOVERNOR OF THE
STATE OF NEW YORK
GoV'Iic 1-IN' I NA N. NIt'. ( lcCIIcii i-III. before' c'i liti'gi ig oilI t li jitoiscil
I i I t il c lki g theat iIli 11111 hot i iskiicg f bei providedI iciiii l ctlilv
Gucverc'ioi l:ININ I will get cit that ill af ciiiiltc', if I m1c11.
Colvciifoc'Ii MN A ppi ion thy. jucdgill fcrfocm tie( iliipes. ti'(
Nact iclilcl (cccl ccld is goilg to Ihe c'ciflc' oit . ill which' ori in) partc. If onev
('clii dc'pllc iicilo If the iiewspcil pes, cit least it pcirt of tie( Nnionaiiccc
ciIId will bi' called into tit( i'Ieilenci serv icc er, shorly Ilcft et' lile
Congress~ givvs ii l1oitloiy to tIlie lilcsiclell
1' iculi' t Iccse ir ccinist iilives, I Wel it v'er' imi portcint thcit thle Stts
primpily itI set 11p I iciic gildi'd forces toc t ak Ic t lI, lace' oif tit(, Nact ionalh
(hlii d w -t ich will Icc' called oil tblv Iliv Pri'eiit.
We lit-( incic licms iii tie( St itv ('if Necw York to onzci owe it Stacte
ghici 1(1 ulsin g tw li l niis which cIl nc'oiw lvii lilibli Its th lii iiit s ar ie
cal Icc inito t lii sc'rvici'. W~e hav 'e vcci groli' sio fili' us toc sc'li'ct 11111 ny
of t ii'. .olllin m i l tg oflh'c'rs of ti( Iarccgiliiin t s Itha1t ciii to bei 'c'ct'l
uilec' i ci c gcit iI di iicd soili' cof t(i lit- it oficer's.
I foucci I , howevo. c''smceit im ul igo, t11 (Inc Ic'cciit iol cif it hicicc gifdird
inlie Stcit eci Ni'v~ Ycik wls iii conflictt withI sc'c'tion I6 of t ii' Nci idi
I )vfiisi' Act. I licic the( clilitiit gc' iil oif ccicu' Stitec, ( h'iccc'i
Biriwni f indi t ii'. scli(.it o r gc'ii'nu1 o cf thei. Stvc come toIii Wishi cgt on
22 THE HO31E GUARD
about a month ago and discuss the matter with some of the military
authorities here. They conferred with the Judge Advocate General
Gullion; Col. Fred W. Liewellyn, of the office of tile Judge Advocate
General; ,Major West, of the Adjutant General's Office; Colonel
Churchill, division G-3; Colonel Stewart; Colonel White; and a
number of others, and it was learned that the creation of the home
guard in peacetime was directly in conflict, in their opinion at least,
with section 61 of the National Defense Act.
We, on the other hand, in the State, have a statute which in article
2 (a), section 40, of the New York Military Code provides that tle
Governor should organize a New York State guard if the National
Guard is called into service.
Obviously, in view of tie provisions of section 61 of tle National
Defense Act, that would be impossible, without coming in conflict
with the Federal Government.
I am not certain that you are familiar with that section.
The CHAIRMAN. Yes. We have a bill on this subject that has
been reported upon by the War Department and I will lhve that
read to you if you wol]d like to hear it.
Governor LEHMAN. Yes. I have seen that bill.
The CHAIRMAN. You have seen that bill?
Governor LEHMAN. Yes.
The CHAIRMAN. That specifically repeals that clause.
Governor LEHMAN. So I understan(l.
Then, of course, it is absolutely essential if we create a home guard
that the guard be adequately armed and equipped. Obviously a
guard without adequate arms vould be quite useless.
Senator GURNEY. Governor, may I interrupt there?
Governor LEHMAN. Yes, sir.
Senator GURNEY. Do you feel that you need more than Army
rifles? I am not talking about clothing, but leaving clothing out of
the picture, because they will need uniforms and so forth; but do
you think that they will need more arms than just rifles?
Governor LEHMAN. Very little more. It is our intention under
the organization which we have tentatively set up to confine this
home guard exclusively to infantry regiments. We expect to set up
20 infantry regiments-not a full personnel; not a full peacetime
strength at the start; but we want these 20 regiments so as to have
troops in every large center which is now protected by the National
Guard.
We would, therefore, only need rifles, pistols, and some machine
guns. We will not require any howitzers or artillery.
Senator GURNEY. Thank you.
Governor LEHMAN. We find that it. is not possible for its to obtain
the ammunition, except through the Federal Government, either in
the form of a gift, a loan, or a sale. It would take months to obtain
the necessary arms and e(Itfipinent, unless we (ho it through the
Federal Government, and, therefore, you will recall, Senator Sheppard,
that I suggested that two things be done in order to make it possible
to provi(le this home guard with equipment, well armed. One was a
repeal of that existing section 61 in the manner in which it is handled
in this bill, H. R. 4175, if I am not mistaken.
The CHAIRMAN. Yes.
THE HOME GUARD 23
Governor LEHMAN. And of course that authority would be entirely
within the discretion of the Congress, as to the Federal Government
furnishing the States with the necessary arms and equipment.
Now, as to the exact method, I have no particular feeling with
regard to the exact nelthod in which this home guard should be
organized. That, of course, I recognize is entirely within the dis-
cretion of Congress, but I feel it of great importance that in the State
of New York-and undoubtedly other States are in the same posi-
tion-that a home guard, Well arnied, and well equipped, l)e provided
without loss of time, so that we may have that protection as soon as
the National Guard is called into the Federal service.
We have got 13,000,000 people in the State of New York. Of
course, we have got some of the largest industries anywhere in the
country situated in the State of New York. I think it would be a
serious thing not only for the leo)le of the Sttate but for the peoplee of
the Nation if the National Guard were called out and no provision
were mnade for the creation of the home guard, well equipped and well
earned, and I emphasize the latter consideration almost as much as the
former.
The CiAIRMAN. Thank you very much, Governor. Are there any
questions?
Senator Schwartz, (to you wish to ask the Governor any questions?
Senator ScHwAnTz. No; but I just had a thought that in the
Home Guard there might be provision made to transfer from the
National Guard individuals who for one reason or another it is not
desirable to send out of the State anti send out of the country, and
permit them to be turned into the home guard during the absence of
the National Guard and thereby preserve their status as to membership
in the National Guard, you know, because there are a great man
men who have been in the National Guard a long time and who think
a great deal of their membership. It would invoke a great hardship
on some of them, and on local industry too, to take them away and
send them out, and the only alternative now is that they must r-esign
from the National Guard, apparently; but if we had another place
where we could transfer them temporarily during the emergency, why,
it might be of great benefit.
Governor LEHMAN. May I say a word about that? That is our
intention. We intend as members of the National Guard are mustered
out of service for reasons of minor disability possibly, or even be
getting very close to the age limit, or reaching tiio age limit; we intend
to enlist them in the home guard.
Furthermore, I want to say that while it is not our intention to
limit the enlistments in the home guard to any one class of people,
we have definitely expected to have the veterans of the former wars
serve as a very real nucleus in the creation and operation of the
home guard. We have been in very close touch with the American
Legion, tie Veterans of Foreign Wars, and other veterans' associations
who are cooperating with us very closely, and we have given them
assurances, and we have received assurance from them, that a large
portion of the men and officers in the home guard would be veterans
of former wars. We feel that we can get a thoroughly sound personnel
in that way. Many of these men served with great distinction, and
are too old, either to be drafted now or to go into the service generally,
but they would be of very great assistance to us in the home guard.
24
THE 1IOM(, GUAR)
Now, so far as the question which you raise as to whether there
should be a militia with Federal jurisdiction or a home guard under
the exclusive jurisdiction of the Governors of the States, I have no
strong feeling, Senator. I can see some advantages in having it
under the jris(liction of the Federal Government, because it could be
coordinated with the general defense, always, however, emphasizing
the fact that a home guard should be a home guard and that men going
into the home guards should be given assurances that they would
not be called for duty other than defending their own State. If
anything else were done, I believe it would seriously interfere with the
enlistments or creation of the home gmard.
The CHAIRMAN. That is a very able suggestion, Governor.
Governor LEHMAN. Thank you.
The CHAIRMAN. Senator Gurney, (1o you have any questions?
Senator GURNEY. Governor, d you have any Information as to
the number of Federal troops that are quartered in the State of New
York now; that would include both the Navy and the Army. You
have quite a few men at Camp Upton. I believe that is n going
concern, is it not?
Governor LEtMAN. Yes; but 1 (1o not think there are very many
troops there.
Senator GuRNEY. And, Fort Hamilton. That is thi only fort
that I know of, but there are quite a few in the State.
Governor LEHMAN. We have some at Governors Island, but how
many I (1o not know, and, of course, those are always subject to
call and cannot be depended upon for this purpose, and furthermore,
I believe that it is, and I am under the impression that Federal troops
cannot be sent for ordinary purposes into a State.
The CHAIRMAN. That is true.
Senator GURNEY. That is true, except ill an emergency.
Governor LEHMAN. Except in an emergency, of course.
The CHAIRMI N. Well, Governor, we are under many obligations
to you.
Governor LIHMAN. Thank you very much for giving me this
opportunity.
The CmHATIICMAN. The committees is very appreciative of your being
here.
Governor LEHMAN. And may I say, too, 1 have a memoranda here
from our solicitor general pointing out that it would be illegal for me
to organize a home guard in the State of New York, save muder
amended authority given by the Congress of the United States.
The (IHAIRMAN. May we put thlt into the record; would you like
to have that inserted inl the recor(l?
Governor LEHMIAN. I would like to have that statement inserted,
and I will be glad to send you it copy of this. There are some things
in here that lve nothing wintever to do with this (iIeston.
Tihe CHAIRMAN. Verv well.
Governor b,0.1EMAN. I will b, glad to s-.in(I you a copy of this.
The CHAIRM.N. Very well, thank you.
STATEMENT OF BRIG. GEN. EDGAR C. ERICKSON, THE ADJUTANT
GENERAL, MASSACHUSETTS
The CHAIRMAN. The adjutant general of Massachusetts is present.
Will you give your full name for the record?
Till IIOM . GUARI) 25
General EIUCKSoN. Edgar C. Erickson, brigadier general, the adju-
tant general of Massachusetts, representing Governor Saltonstall.
The CH A1IMAN. Of Boston?
General ERICKSON. Of Boston; yes, sir.
Mr. Chairman and members of the committee, the remarks of
Governor Lehman have made it easy for me, because he has told
you practically everything that Governor Saltonstall asked me to tell
you.
1 want to say that we concur heartily inl his remarks and what he
has said.
I would like to go a little further and just say this, that we include
in our equipment for our home guard, Winchester automatic shotguns,
which I understand the Army has a large number of.
We learned in the police strike of 1919, when we used some 9,000
State Guardsmen, that were ordered in in 1917, that the shotgun was
a much better weapon for handling crowds, mobs, and riots than the
regular rifle. So, we have included in our tentative orgaization of
a squad in an infantry company, four shotguns. The rifles you know
have a bayonet attached to them, and, that squad is to have four
shotguns and six rifles.
Now, we feel very strongly that we must have a State guard, just as
soon as the National Guard is ordered into the Federal service.
We have in 1936 a bad flood situation where we used approximately
4,500 officers and men. Now, no other source is available that could
be immediately called out to take over the handling-not take over-
but assist the civil authorities in maintaining law and order and pro-
tecting life and property which, as you know, is the Governor's respon-
sibility.
In 1938, during the hurricane period, we used 5,600 officers and men
and some of them were out for a period of 6 weeks.
So we feel very strongly that the Governor should have at his call
an organized and trained military force.
Our law provides for it and we have gone so far as to work out the
organization of six regiments of infantry and one regiment of engineers,
plus a battalion of quartermaster corps troops, an ambulance battalion,
and what we call a motorized squadron, and the executive order for
the Governor, which is all that is necessary, is already for his signature
and for promulgating, and I would like, if I may to leave a copy with
the committee.
The CHAIRMAN. Certainly. That may be made a )art of the
record.
(The matter referred to is as follows:)
MASSACHUSETTS STATE GUARD MOBILIZATION PLAN
1. OROANITATION
1. On "M" day or when the National Guard has been ordered into Federal
service the following Executive order will be submitted to His Excellency, the
Governor and commander in chief, for his signature, calling for the organization
of a State guard to consist of a State staff, State guard headquarters, 3 Infantry
brigade headquarters, 6 Infantry regiments, I State guard motor corps, 3 brigade
motor battalions, 1 ambulance battalion, 1 quartermaster battalion, and 1
battalion Infantry (colored), 1 engineer regiment (less I battalion), a total of
565 officers, 6 warrant officers, and 8,700 enlisted men. (Total 9,271. See
table A.)
26 THE HOME GUARD
2. EXECUTIVE ORDER
In accordance with, and by virtue of, the authority vested iii me by chapter 33
of the General Laws, I )rescribc that tile organization of the Massachusetts
State Guard shall be as follows:
1. A State staff to consist of-
(a) Tie adjtitant general, chief of staff.
(b) AG-1, second and third section:
Colonel (AGD), executive officer and A. C. of SG-1 1---- I
Major (AGD), assistant A. C. of SG-1 ------------------
Major (AGD), A. C. SG-2 ------------------------
(c) AG-4 section:
Lieutenant colonel, A. C. of SG-4, State Q. M -----------
Major (0. D.), ordnance officer, also State guard-_ 1
Major (Q. M. C.), assistant G-4, headquarters staff. 1
Major (F. D.), finance officer ------------------------- 1
Captain (Q. M. C.), assistant G-4 -------------------- I
Captain (F. D.), asistant finance officer --------------
(d) An inspector general section:
Lieutenant colonel (I. G. D.), State inspector general.... 1
Major (. G. D.), State inspector general --------------- 2
(e) A medical section:
(c) Lieutenant colonel, M. C., State surgeon -------------------- 1
Major (M. C. or D. C.), assistant to the State surgeon 1
(If) A judge advocate section:
Lieutenant colonel (J. A. D.), judge advocate ----------- 1
2. State guard headquarters to consist of-
(a) Major general, commanding general State guard.
Captains, A. D. C ------------------------------------ 2
(b) Colonel, chief of staff ------------------------------------- 1
(c) Lieutenant colonel (A. G. D.), A. C. S., G-1, adjutant general- 1
(d) Lieutenant colonel, A. C. S., G-2 -------------------------- 1
(e) Lieutenant colonel, A. C. S., G-3-- I
(f) Lieutenant colonel, Q. M. C., A. C. S., G-4, State guard
quartermaster general --- - - I
Major, 0. M. C., assistant, G4, assistant State guard quarter-
master general --------------------------------------- -1
Captain, Q. M. C., assistant, G-4, assistant State guard quarter-
master general ----------------------------------------- 1
(g) Major, assistant, A. G. D., assistant, G-1 ------------------- 1
Captain, assistant, A. G. D., assistant, G-1 ---------------
(h) Lieutenant colonel (. G.), State guard inspector general- 1
(i) Lieutenant colonel (M. C.), State guard surgeon -------------- 1
(i) Lieutenant colonel (J. A. D.), State guard judge advocate --- 1
(k) Lieutenant colonel (C. E.), State and State guard engineer
officer ----------------------------------------------- 1
(1) Lieutenant colonel (C. W. S.), State and State guard chemical
warfare officer------------------------------------------ 1
(m) Lieutenant colonel (S. C.), State and State guard signal officer- I
(n) Major (aviation), State and State guard aviation officer ------ 1
(o) Major, assistant, G-3 ------------------------------------- 1
A State guard headquarters detachment to consist of-
General Staff sectithi:
Master sergeant chief clerk --------------------------------- I
Technical sergeants (clerk) -------------------------------- a
Staff sergeants (clerk) -------------------------------------- 4
Total -------------------------------------------------- 8
Administration and technical staff section:
Sergeants (clerks) ----------------------------------------- 4
Corporals (clerks) ----------------------------------------- 4
Total -------------------------------------------------- 8
THE HOem GUARD 27
A State guard headquarters detachment to consist of-Continued.
Orderlies and chauffeurs section:
Sergeant, chief of section, C. G. chauffeur ---------------------
Privates (1 cook) ------------------------------------------- 8
Total -------------------------------------------------- 9
Total enlisted ------------------------------------------- 25
3 brigades, eac
(a) Briga
Major
Capta
Capta
Lieute
Licute
(b) Teelh
Staff s
Sergea
Corpo
Privat
I brigade headquarters to consist of-
Her general, commlaning general ----------------------- 1
executive officer ------------------------------------- 1
in, S----------------------------------------------- 1
in, S-2 and S-3----------------------------------------
nant, aide, 8-4 ---------------------------------------
tiant, aide, commanding brigade detachment -------------- 1
Total commissioned ----------------------------------- 6
ical sergeant (first sergeant and chief clerk) --------------- 1
ergeant ---------------------------------------------- I
tits (clerks) ------------------------------------------ 2
rals ------------------------------------------------- 2
es and privates, first class ----------------------------- 4
Total enlisted men ----------------------------------- 10
3 military-police battalions, each to consist of-
Major, commanding ------------------------------------------- 1
First lieutenant, adjutant --------------------------------------- 1
Second lieutenant, supply --------------------------------------- 1
Total commissioned -------------------------------------- 3
Batta ion lieadqmarters to consist of-
Technical sergeant, sergeant major ----------------------------
Staff sergeant-, I supply and 1 motor ----------------------------- 2
Corporal, clerk ------------------------------------------------ 1
Privates, chauffeurs -------------------------------------------- 2
Total enlisted mien --------------------------------------- 6
Medical detachment to consist of-
First lieutenant, M. C ------------------------------------------ 1
Staff sergeant ------------------------------------------------- 1
Corporal ----------------------------------------------------- 1
Private, first class, privates ------------------------------------- 2
Total enlisted men --------------------------------------- 4
3 military-police companies (motorized) to consist of-
Captain ------------------------------------------------------ I
First lieutenant ----------------------------------------------- 1
Second lieutenant ---------------------------------------------- I
Total commissioned -------------------------------------- 3
First sergeant ------------------------------------------------- 1
Staff sergeant (Motor T.) --------------------------------------- 1
Mess and supply sergeant -------------------------------------- 1
Sergeants ----------------------------------------------------- 4
Corporals (1 company clerk) ------------------------------------ 5
Cooks -------------------------------------------------------- 2
Bugler ------------------------------------------------------- 1
Privates and privates first class (I mechanic) ---------------------- 30
Total enlisted men --------------------------------------- 45
28 THE HOME GUARD
6 infantry regiments, each to consist of regimental headquarters, head-
quarters and service company, band section, medical detachment, 3
battalions of 4 rifle companies each:
(a) Regimental headquarters to consist of--y-
Colonel, commanding regiment --------------------------- 1
Lieutenant colonel, executive officer ----------------------- 1
Captain, S-i, adjutant ---------------------------------- 1
Captain S-4
M ajor, W-2 a d S 3. . . . . . . . . . . . . . . . . .
Chaplain (captain) ------------------------------------- 1
Total commissioned .----------------------------------- 6
(h) Medical detachment (infantry regiment) to consist of-
Major M D ----------------------------------------- 1
Captains or lieutenants, M. C ---------------------------- 3
Captain or lieutenant, D. C -------------------------- I
Total commissioned ----------- ---------------------- 5
Staff sergeant ---------------------------------------- I
Sergeants -------------------------------------------- 3
Corporals --------------------------------------------- 2
Privates and privates first class --------------------------- 10
Total enlisted --------------------------------------- 16
(c) Headquarters and service company (infantry regiment) to consist
of-
Captain ---------------------------------------------- I
First lieutenant., S--------------------------------- I
First lieutenant, signal officer and regimental, 8-2 -------- I
First lieutenant, assistant supply and transport officer ..... I
Second lieutenant ----------------------------------- I
Total commissioned -----------------------------
Master sergeants --------------------------------------- 4
Technical sergeants ----------------------------------- 3
Staff .sergeants ----------------------------------------- 3
First sergeant ------------------------------------------ I
Mess sergeant -------------------------------------- I
Supply sergeant -------------------------------------- I
Sergeants --------------------------------------------- 4
Corporals (1 company clerk) ----------------------------- 5
Cooks ------------------------------------------------ 2
Musicians --------------------------------------------- 1
Privates and privates first class --------------------------- 28
Total enlisted men ----------------------------------- 53
(d) Band to consist of:
Warrant officer ------------------------------------------
Technical sergeant ------------------------------------ I
Staff sergeant ------------------------------------------ I
Sergeants --------------------------------------------- 3
Corporals --------------------------------------------- 3
Privates and privates first class --------------------------- 17
Total enlisted men ------------------------------- 25
(e) Battalion headquarters (3 to each Infantry regiment) to consist of:
Major --------------------------------------------
First lieutenant, 8 1-3--------------------------------- I
First lieutenant, 8-2 and commanding officer's detachment_- 1
Second lieutenant, S-4 -------------------------------
Total commissioned ----------------------------- 4
THE HOME GUARD 29
6 !infantry regiments, each to'kconsist of regimental headquarters, head-
quarters anid service company, band section, medical detachment, 3
battalions of 4 rifle companies each-Continued.
(e) Battalion headquarters (3 to each Infantry regiment) to consist
of-Continued.
T'cchnical sergeant --------------------------------------
Staff sergeant ----------------------------------------- 1
Sergeants ---------------------------------------------- 2
C orporals ...... .. .................................... 4
Privates fir't class and privates..-- ---------------------- 14
Total enlisted ----------------------------------- 22
(f) 12 rifle eolnmpaies (each Infantry regiment) each to consist of:
Captain- ..------------------------------------------- I
l,'ir. t liiiitvii ii t ... .. .. .. ... .. .. .. ... .. .. .. .
S( (011l li( iteiiiit----------------------------------------1
Total colllni.siou, l-.----------------.............-3
lFirt s ergeant---------------------------------1
Mes sergeant. 1---------------------------------------- I
Supply er, acat .---------------------------------------- 1
Toaty sergeants-- - ------------------------------- -- 10
Corosrals (1 eompa y erk)---------------------- --------- 7
Cooks- 2------------------------------------------ 2
Buglers---- ---------------------------------------- --- 2
Cook ta ----- i-----------------------------------------85
Privates and( privates first clazs_ - - - - - - - - - - - - 61
T otal enlisted ----------------------------------- 85
A State guiard motor corps to consist of headquarters, headquarters anl
service company, 4 comlnies (I signal eompamny), 1 medical detaelhtent:
(a) |[eadquarters motor corps to consist of-
Lieutenaunt colonel ------------------------------------- 1
Major, executive officer ------------------------------
Captain, 8-1 adjutant ----------------------------------- I
Captain, S-2 and- S ------- ----- ---------------------- 1
Captain, S ------------------------------------------ I
Total commissioned------------------------------------
(b) A medical detaclonent (motor corps) to consist of-
Major, medical corps ----------------------------------- 1
Captain or lieutenant, medical department --------------
Captain or lieutenant, dental corps ----------------------- I
Total commissioned ----------------------------------- 3
Staff sergeant .-------------------------------------------
Sergeant ----------------------------------------------- 1
Corporals --------------------------------------------- 2
Privates and privates first class -------------------------- 6
Total enlisted men ----------------------------------- 10
(c) A headquarters and service company to consist of-
Captain ----------------------------------------------- 1
First lieutenant ---------------------------------------- 1
Total commissioned ----------------------------------- 2
Master sergeant --------------------------------------- 1
Technical sergeants ------------------------------------- 3
Staff sergeants ------------------------------------------ 3
First sergeant --------------------------------------- I
Mess and SUlf))ly sergeant ------------------------- I
26i4O.5-4O--3
30 THE HOME GUARD
A State guard motor corps to consist of headquarters, headquarters and
service company, 4 companies (1 signal company), 1 ied ical detach-
ment-Contnued.
(c) A headquarters and service company to consist of-Continued.
Sergeants --------------------------------------------- 3
Corporals ----------------------------------------------
Cooks ------------------------------------------------ 2
Privates and privates first class --------------------------- 21
Total enlisted men ----------------------------------- 39
(d) Motor comnpaInies to Consist of-
Captain ------------------------------------------------ 1
First lieutenant --------------------------------------- I
Second lieutenant ------------------------------------- I
Total commissioned ---------------------------------- 3
First sergeant ------------------------------------------ I
Staff sergeant (motor transport) ------------------------- 1
Mess and supply sergeant ------------------------------- I
Sergeants --------------------------------------------- 4
Corporals (company clerk) ------------------------------ 5
Cooks ------------------------------------------------
2
Musician ---------------------------------------------- I
Privates and privates first class -------------------------- 30
Total enlisted men ----------------------------------- 45
(e) Signal company (Motor Corps):
Captain -----------------------------------------------
1
First lieutenants --------------------------------------- 3
Total connissioned ---------------------------------- 4
First sergeant ----------------------------------------- I
Technical sergeant ------------------------------------- 1
Staff sergeants ----------------------------------------- 3
Mess sergeant ---------------------------------------- I
Supply sergdfant ---------------------------------------- 1
Sergeants -------------------------------------------- 4
Corporals (1 com pany clerk) ---------------------------- 7
Cooks ------------------------------------------------
2
Musician ---------------------------------------------- 1
Privates and privates first-class -------------------------- 45
Total enlisted men ----------------------------------- 66
1 medical battalion to consist of 1 battalion headquarters, I battalion head-
quarters detachment, 3 ambulance companies:
(a) Battalion headquarters to consist of:
Major Medical Corps commanding ---------------------- 1
Captain Medical Corps adjutant ------------------------ 1
Captain Dental Corps ---------------------------------- I
First lieutenant M. A. C. S-4 --------------------------- 1
4
(b) Headquarters detachment:
Technical sergeant (sergeant major) ---------------------- I
Staff sergeant (supply) ---------------------------------- 1
Sergeant (transportation) ------------------------------- 1
Corporals --------------------------------------------- 2
Privates (chauffeurs) ----------------------------------- 2
Total enlisted --------------------------------------- 7
THE IIOME GUARD 31
J medical battalion to consist of 1 battalion headquarters, 1 battalion
headquarters detachment, 3 ambulance companies-Continued.
(c) 3 ambulance companies each to consist of:
Captain Medical Corps --------------------------------- 1
First lieutenant Medical Corps -------------------------- 1
First lieutenant M. A. C -------------------------------- 1
Total ----------------------------------------------- 3
First sergeant ---------------------------------------- I
Staff sergeant ------------------------------------------ 1
Mess and supply sergeant ------------------------------ I
Sergeant ---------------------------------------------- 1
Corporals --------------------------------------------- 4
Cooks ------------------------------------------------ 2
Privates first-class and privates -------------------------- 21
Total enlisted --------------------------------------- 31
Quartermaster battalion to consist of 1 battalion headquarters, 1 battalion
headquarters detachment, 3 motor transport. companies:
(a) Battalion headquarters to consist of:
Major ---------------------------------------------- I
Captain (adjutant) ------------------------------------- 1
First lieutenant (supply) ---------------------------------
Second lieutenant (transportation) ------------------------
Total ----------------------------------------------- 4
(b) Headquarters detachment:
Technical sergeant (sergeant major) --------------------
Staff sergeant (supply) ---------------------------------- '1
Sergeant transportationn) ------------------------------- 1
Corporals (clerk and chauffeur) -------------------------- 2
Total enlisted men ----------------------------------- 5
(c)
Motor transport
companies
------------------------------
3
Captain ----------------------------------------------- 1
First lieutenant ---------------------------------------- 1
Second lieutenant -------------------------------------- I
First sergeant ----------------------------------------- I
Mess and supply sergeant -------------------------------- 1
Sergeants --------------------------------------------- 3
Corporals (1 company clerk) ---------------------------- 5
Cooks ------------------------------------------------ 2
Privates and privates first class -------------------------- 28
Total enlisted men ----------------------------------- 40
(d) A medical detachment:
Captain, medical corps --------------------------------- 1
First lieutenant, medical corps --------------------------- 1
First lieutenant, dental corps ---------------------------- 1
Total -----------------------------------------------. 3
Staff sergeant ----------------------------------------- 1
Sergeant ---------------------------------------------- 1
Corporals --------------------------------------------- 2
Privates and privates first class --------------------------- -0
Total enlisted men ----------------------------------- 10
32 THIE hIOME GUARI)
I infantry battalion (colored) to consist, of:
(a) Battalion headquarters -------------------------------------
]'attalion headquarters detachment ------- uu-----------------
Mledical detalchment .. .. - .....- -.------ .............
Ritle companies ------
(b) Battalion headquarters to consiist oif:
M ajor com ma n ding ---------------------...............
First lieutenant S- 1-3..
First lieutema t S-2, C. 0. d aelhment -----------------
Second lieutena nt S -4 - -. .. ... ... ..... .........
Total oilivcrs -------
(r) Battali(Jp ht-adqua'tcr, detth~ni:
Technical sergealt - - l... . .. .. . .. . .. .. . ..-
Sta' sergeants -----------------------------------------
2
Sergeants ---------------.--------------------------
2
Corporals --------------------------------------------
Privates first-class and privates-. . 13
Total enlisted ---------------------------------------
22
(d) 1 Medical detachment:
First lieutenant Medical Cnrps --------------------- - 1
Staff sergeant --------------------------------------
Corporal ---------- ------------------------- I
Privates first vlass and privates ---------- ---------- 2
Total e111isted.-----------
.. .. ...........- 4
,) 2 rifle companies:
(:aptain .. .. .. . .. .. .. . .. ..------------------- -
F irst lie u te n a u t . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .
Second lieeulemant .
Total officers -
I
........................ 3
First sergeant ---- . . . . . . .. . . . . . . . ..------------------- I
Mess sergeant --.-.----- ------------------------------
Supply sergeant --- I
Sergeants.---- ---------------------------------------- 10
Corporals (I company clerk)-------------------------- 7
Cooks ------------------------------------------------
2
Buglers- ---------------------------------------------
2
Privates first-class and privates (I mechanic) -------------- 38
Total enlisted --------------------------------------- 62
1 engineers regiment less second battalion to consist of:
(a) Regiment headquarters ----------------------------------
Medical detachment ------------------------------------
Headquarters and supply company --------------------------- 1
Battalion headquarters ------------------------------------- 1
Engineer companies ---------------------------------------- 3
(b) 1 regiment headquarters to consist of:
Colonel or lieutenant colonel also State guard engineer officer- 1
Captain S-1 ----------------------------------------- I
Captain 8-2 ---------------------------------------
Captain 8-3 ------------------------------------------- I
Commissioned --------------------------------------- 4
-
I
I
I
I
TIlE 1 -OME GUARD 33
1 engineers regiment less second battalion to consist of-Continued.
(c) I medical detachment:
Captain Medical Corps --------------------------------- 1
First lieutenant Medical Corps -------------------------- 1
First lieutenant Dental Corps --------------------------- 1
Total commissioned ---------------------------------- 3
Staff sergeant ---------------------------------------- I
Sergeant ---------------------------------------------- 1
Corporals -------------------------------------------- 2
Privates first class and privates -------------------------- 6
Total enlisted ---------------------------------------- 10
(d) I headquarters and supply company:
Captain C. 0. and S-4 -------------------------------- 1
First lieutenant ---------------------------------------- 1
Second lieutenant --------------------------------------- I
Total commissioned ----------------------------------- 3
Master sergeant --------------------------------------- 1
Technical sergeants ------------------------------------ 4
Staff sergeants ----------------------------------------- 3
First sergeant ----------------------------------------- I
Mess sergeant ----------------------------------------- I
Sulply sergeant --------------------------------------- 1
Sergeants ---------------------- 4-----------------------4
Corporals (1 company clerk) ---------------------------- 6
Cooks ------------------------------------------------ 2
Musician ---------------------------------------------- 1
Privates first class and privates --------------------------- 38
Total enlisted --------------------------------------- 62
(e) I Battalion headquarters to consist of:
Major ------------------------------------------------ 1
Captain S-I-------------------------------------------- I
Commissioned --------------------------------------- 2
(f) 3 engineers companies each to consist of:
Captain .........
First lieutenaint-_
Second lieutenant ...... .................
Total com m issioned ----------------------------------
First sergeant ...........
T technical sergeant -------------------------------------
S taff sergeant ..........................................
Moss sergeant ......
Supply sergeant ----------------------------------------
Duty sergeants_
Corporals (1 company clerk) ----------------------------
Cooks _
Musicians ....
Privates first-class a,,d privates _----- - - -------------
3
9
7
2
2
61
Total enlisted --------------------------------------- 86
34 TIle 103E GUARD
General ERICKSON. Now, wheni General Marshall told this com-
mittee, I believe it was, that it would be desirable to have the entire
National Guard in the Federal service by September 1, we realized
that the time had come for us to do something more than talk about
this State guard. So we organized a school for former company
officers of the Army, Navy, and Marine Corps, who were citizens of
M\Iassacliusetts. We conducted a school for an entire week and had
296 officers there. 'rhie were )tweel tie a(es of 35 and ,50. T hose
are the types of men whom we will depend upo to officer our State
guard.
We have had assurance from the American Legion, State Depart-
ment of the American Legion, and t iew State Departient of the
Veterans of Foreign Wars that they will do eVetything they can to
help.
So our idea is to get as many veterans under 50 as possible and also
to enlist nien who are outside of tie draft age, if that law is passed, or
not eligible for enlistment in the Regular service.
Our tentative age is set at 35 to 50, because a inai between 18 and
35, we recommend to lim that ife go into thie Army, unless for some
reason he cannot join tie Army, h1a1s (lepiV1demts, or cannot just )1ass a
physical examiltion. We will take him in tle State guard then.
Now, we feel very strongly that the Governors should l)e authorized
to organize State forces; that the Federal Government should loan
the equipment to the States just as it did before in the time of tle
Worl War. We are satisfied with the Enlield riles, which we under-
stand the Federal Government has quite a number of, and we are
very much in accor(d with what Governor Lehman has said.
The CHAIRuMAN. Thank you very much, General.
Senator Schwartz, (1o you have any questions?
Senator SCHWARTZ. No.
The CHAIRMAN. Senator Gurney?
Senator GURNEY. Do you have any information as to the number
of Federal troops quartered in Massachusetts?
General ERICKSON. We have one infantry battalion at Fort Devens
at the present timne.
Senator GURNEY. Is that battalion tip to war strength, or what is
the totol number of men there?
General ERICKSON. I could not say. I (ti not believe that it is up
to war strength. It is a battalion of infantry.
Senator GURNEY. Do you have any other forts? There is more
than one fort in Massachusetts.
General ERICKSON. No, sir; not outside of the harbor defenses.
Senator GURNEY. You have some Navy men. there, quartered
around the harbor at Boston?
General ERICKSON. We have a navy yard at Charleston and have
men there.
Senator GURNEY. You (to not know the munber of inen there?
General ERICKSON. I (10 not.
You realize that the Governor is not authorized to call on any
Federal troops.
Senator GURNEY. That is right.
Governor LEHMAN. Senator Gurney, you asked about the Federal
troops we have in New York. We undoubtedly have a handful of
troops in Now York State adjacent to Now York, but we have none, so
TtI1I HOME GUARD 35
far as I know, in other parts of t lie State, in our big industrial sections,
such as Rochester, Binghamton, lAmira, Schenectady, and Albany,
we have 110 Federal troops whatsoever. So that even though tiho
small number that, are stationed in or adjacent to New York might bo
used in that center to some extent, we have no protection whatsoever
in any other )art of the State.
Senator GuiE-y. 'lhank you.
Th Cu.nxu.MM. Is that al, General Erickson?
General EU cKSON. Yes, Mr. Chairman. Thmnk you.
The Cii.%imu.%x. Wo think you.
Then, that will conel1le thie hearings on this bill.
('lhiereupon, at ii a. in., the hearings on tihe al)ove bill were
concluded.)
THE HOME GUARD
THURSDAY, SEPTEMBER 5, 1940
ITNuEIn STATES SENATE,
CO.MMITTEI.E ON IlLIT.ITY A FFAIIIS,
11'ashiigtoi, D. C.
The committee met, pursuant to recess, fit 10:30 a. In. ill the con-
mittee room, Capitol Building, Senator Morris Sheppard (cluairnun),
p~residill,.
Preset: Sean tol.4 Sheppard (Chairman), \Iinton, Schwartz, Austin,
Girne,,,, aund 'Thomujas (hdaho).
'ie Cn.IIAN. 1. 10he e'oflnittee Will Veom10 to o1er.
\Vo have uder consideration a bill, S. 4175, anud we have both the
pleasure and honor of Iavimug with us this Iiormomiig Mayor Lu Guardia
of New York, it former distinguished member'of Con1gress, and I
know the ('0111111ittee Will be es ecially glad to hear him.
Mr. Mayor, will you proceed in your own way.
STATEMENT OF FIORELLO H, LA GUARDIA, MAYOR OF NEW YORK
CITY
Mayor L:A GAr\tDI.. Senator, thank you very much for giving
me the opportunity of coming here this 1tor1ning.
First, I want to make it very clear that fnytig which I may say
in reference to this bill should not be construed as any conflict between
myself and the Governor of my State. What I desire to say is rather
sui)l)lemeniturv to what the Governior stated to this committee.
In New Yolk State we have complete unity of action in this matter
of national defense. Any suggestion which 'the mayor makes to the
Governor is given serious consideration and attention and any request
which the. Governor makes of the mayor is a command and is immedi-
ately executed.
We believe that unity is a very essential factor in our national-
defense program.
Now, Senator, in this matter of home guard I desire to point out
that, if it home guard is created or additional troops for local duties,
I stromigly urge that from the very outset it should be Federal troops.
This subject was very thoroughly considered during the time of a,
study of the National Defense Act, immediately following the war.
And there is a specific provision in the law now which makes this bill
necessary.
We find, and the history of the National Guard indicates, that
there was always difficulty from the time of the Spanish-American
War, we had considerable difficulty in correlating and coordinating
the National Guard with the National Army.
38 T'I1E IIOME GUARD
There wasn't as much itlificulty ill the beginning of tile World War,
but after that, with enactnnt. ot the National Defense Act, it i)ecalne
part of the National Army.
Now here is the dificulty, a1nd it is indicated in the bill that you
now have before the committee. There isn't a State in the Union
that todlav could properly and completely equip any sizable hionie
guard or iwlt ever is to replace the National Guar(.
So if the Staltes are permitted to create a holm guard, tile very
first thing is that the I federal Governminit should provide tile rills
and th' ijessarv arms and uniforms, and tliei that will be followed
up1) by pay 1and it will serve 110 purpose as Federal troops anyhow.
Now the purpose of i hioie guard today is greatly ilen'1sed Ir11011
wlot we have leriledl of nlo(le'll WO .'l)e \ wit lil, th lost few I% ollh s.
It is going to be a very useful )11d1 lceess zlrv pil,'t of oil r no1tioln al
(lefeulse.
Evervole adlitni s 1 11111 sire tihat li fixed or pelrlla Ile, t 01atilireraft
lIwtteries will uIeeessi l'-lv Iltve to be 11111111]), by t Ioo ps wIto will Ie p,,r-
i]lllnlith stath)!((l at tlese points.
'le tlere is tile ditv of protecti li 0.1(1 guan'd ll n wlterwlys, water,
slipplies, power plants, railroads, "highways, bridges, d(;cks 11a1d
whrves, 111d strlat'gic plillt4; of at tack.
It will not be till a111tei' job by ally 11,vils. It is going to be reial
solierilig".
If we just lad 11 home guulard of tile St it(, you Call rVeldilv see t hat it
will lw difficult to ilve uiliforniity tihriouigloit the Ullitel Sizit(s
either in the size of tileI irools-ald of'I' coNs when I sev tile size,
I mean relatively according to tile uleeds of the State, tile'size of tile
Slate--or utiniforaitv il tIl, types of collill l a1(d elliciew-'v.
And then tie (litivs will 1) u so interloeldig.
Tile lome gullard presulpposes of colirse that it c'alot leave tilt
borders of its vowni State, land yet. ill raih'oad crossing 1111d highway
protection and in may illstances powrel hlalts land power lines 1a1([ ill
some ilnstalices wit(e supplies, you have tile lt( Cessi-ty of interstate
points wlrre tiev lattrolly overlali each ot1r and(1 we will have all
sorts of difficult j urisdictio ;l qluestions.
In a(ldition'to that, this home .flut'lrd will falmrish til excellent reser-
voir for the larger lily that is now under coiltemI)laltioll.
You have very excellent officers and experienlced soldiers who have
reach(,([ all age, or llave slight physical defects, that might disquiaify
thema for extrenie active military dllty but wio wou(ll render very
useful service in such i unit.
In addition to that, if we get into all elmlergellcy, many whilo receive
slight injuries, after recovery cou d very well serve ill such home units.
And again they can be receiving points for recruits in the event we-
get into an emergency, and from there tile more active troops could
draw, just as they coll sond men for these home duties.
Now naturally the age limit would be much higher for service of
this kind. It isn't as strenuous as the service in real actual combat
or in real actual military defense duties and it is very easy to arrange
a higher enlistment or tie transfer of the older men to such a unit
ratler than to leave in a loose manner tile States themselves.
I don't believe there is a governor who will urge any matter of pride.
in this- I think everyone has but one thought in mind and that is to
create the most efficient military unit that is possible with the material
THN' HOME GUARD 39
that we hah)e and to meet tile objectives and the tasks that would be
given to the Army in tihe event of an emergency.
You will find, gentlemen, that as this bill progresses there will be
more demand and more demand for Federal aid.
I repeat, there isn't, a State in the Union that eould possibly equip
at this time, assuming that the National Guard is taken from it, any
kind of a home guard in any length of time.
'rilt being so, here is the opportunity of protliting byv all our experi-
ence of the past, by all our military exl;erience of the ist, and al the
mistakes of tile past; and tile one time to do a real job in just author-
izing these home gtiards for these limited military dutiess, always under
the Federal command, of course, to he transferried within tle Conti-
nental United States or from State to State.
Most of them would be left, right, at, home, rather than permitted
to grow up in a hapilazard, loose, ullscie~ttilie way.
My only object in collillg hre is to get this i4ea before tle (.o11-
mittee.
I think it, eXlreSSvS the views of a great many of the military an-
thorities, though they may be tilid in talking about it to you as
bluntly as I have.
The CH.AIRIMAN. Any questions?
Senator AUSTIN. I would like to ask Mayor La Guardia a question.
The CHnA.xtMAN. All right.
Senator AUSTIN. There is not hing apparently in this S. 4175 that
deals with the matter of Federal support, of any such organization, is
there?
Mayor L., Gr.\o)1.x. I saw one bill- I think in the statement of the
Governor of miy State he said that rifles and pistols anld uniforms would
be necessary.
The CliA S MN. There is no sulggestion of cquil)ment in this bill,
but the War l)epartmnent in reporing a substitute of this bill inserts
such a provision.
Mr. Mayor, will you read that, bill and then you can comment on it:
Mayor IA GVADIA (reading):
No State shall maintain troops in time of peace other than as authorized in
accordance with the organization, l)rescriled under this Act: Provided, Tiat noth-
ing contained in this Act shall be construed as limiting the rights of til States and
Territories in the use of the National Guard within their respective borders in time
of peace: Provided further, That nothing contained in this Act shall prevent the
organization and maintenance of State police or constabulary: Provided further,
That the organization by and maintenance within any Stats of military forced
other tlanl National Gluard, is hcrel)y authorized while any part of the National
Guard of the State concerned is in active Federal service or during any national
emergency declared by Congress or tle President.; however, no person shall, by
reason of his memberships in any such unit. be exempted from military service under
any Federal laws: And provided further, That the Secretary of War ill his discretion
and under regulations determined by him, is authorized to issue, from time to
time, for the use of such military units, to an) State, upon requisition of the
Governor thereof, such arias and cquipment as may be in possession of and can be
spared by the War Department.
Of course there is no question as to tie constabulary and police.
Nothing that I have said has any application to that at all. But this
is only the beginning and the Federal Government will have tie bur-
den without getting the efficiency and the control that it should have.
That is my view of tile matter.
Senator AUSTIN. I didn't quite understand.
40 THE HOMEI GUARD
The CHAIRMAN. This is a bill for the State-organized'guard with
the equipment to be furnished by the National Government upon
requisition to the Government.
Now, the mayor says that this honc guard ought to be organized
in the first instance by the Federal Government, controlled by it, and
equipped by it.
Am I correct?
Mayor LAGUA RDIA. Exactly. You see the necessity for this is
because the National Defense Act now specifically prohibits it.
Senator AUSTIN. Yes; 61; no State shall maintain, and so forth.
Have you a substitute bill?
Mayor LAGUARDIA. No; my suggestion is to leave the National
Defense Act as it is and then let the War departmentt come here with
a bill to provide this Federal home guard.
Senator AUSTIN. We have four or five of those pending in the
hopper now.
Mayor LA GU.nmA. Yes.
Senator AUSTIN. I wish we had them out here now where we could
submit them. The idea isn't new.
The CHAIIMAN. We had the equivalent during the World War in
what was called a United States guards, and it might be well to study
the provisions that were enacted for the World War before we reach
a conclusion.
Senator AUSTIN. Has that statute been abrogated?
The CHAIMAN. We will ask Colonel Churchill who is here from the
War Department to tell us about it.
Colonel Churchill.
Col. JAXMES M. CHURCnHILL. During the World War in addition to
having home guard or State guards it became necessary to organize a
national force called the United States guards, in order to perform the
guard duty over purely Federal activities.
Possibly the same organizations will not be necessary now in view of
the fact that the War Department mobilization plan provides for the
mobilization of about 54 military police battalions which will have the
same duties to perform as were performed by the United States Guards
in the World War.
Mayor LAGUARDIA. Fifty-four what?
Colonel CHURCHILL. Fifty-four military police battalions.
Mayor LAGUARDIA. Battalions?
Colonel CHURCHILL. Yes.
Mayor LAGUARDIA. Well, of course, the added advantage would be
Colonel, that you could have lower requirements and a broader field
in which to recruit those police battalions or home guards or United
States guards, whatever it is desired to be called, and still be part
of the Federal Military Establishment.
We are going to get a lot of confusion on this if we have these home
guards now, just a great deal of confusion. The question, you just
watch it, the question is going to be more and more confused, ?believe,
in the first instance.
The CHAIRMAN. Have you any suggestions, Colonel Churchill?
Colonel CHURCHILL. During the World War some 27 States organ-
ized State guards or home guards and they were maintained, organized
and equipped almost entirely by the States.
New York State was one of those States.
THE HOME GUARD 41-
They -were furnished some Federal assistance in the form of personal
equipment to the individual members of the guard.
This guard eventually amounted to about 79,000 officers and men
and there were some 78,000 sets of equipment issued to the States for
these guards.
Mayor LAGUARDIA. Colonel, as you suggest, you have these 54
battalions and they naturally would guard-let us take New York for
instance, navy yards, custom house, engineering depots, Quartermaster
Depots, the Ariny bases.
That is right ini the heart of the city. Now what I am trying to get
away from is to here havy.e a United States guard up for this block,
State guard for this block, have an officer today looking after this
fellow, another officer today looking at this fellow.
It just isn't the kind of efficiency that we must acquire to meet any
possible emergency.
Colonel CHURCHILL. Possibly in the proper coordination of the use
of these guards between the corps area commanders and the State
government we might avoid those difficulties, Mayor.
Mayor LAGUARDIA. Yes; of course. It is still along the same old
lines, as I see it.
The CHAIRMAN. Have you visualized any particular scheme of
organization for the Uniteda States?
Mayor LAGUARDIA. I would have it along the heimwehr system
where you have-I don't want to use the word, but, secondary troops,
the older men, men with slight physical defects and yet have experi-
enced professional command, particularly because of the very im-
portant additional and active duties now that would fall upon such a
military organization, the antiaircraft and possible other kinds of
limited invasion.
It seems to me it is so easy, so simple, that it hardly can be com-
pared with the cumbersome and unwieldy and not untried system here
suggested.
Te CHAIRMAN. Any further questions?
Senator SCHWARTZ.I was just wondering whether the mayor's
thought of a Federal guard would conflict in any way with the activi-
ties or desires of the Governor in case of great floods or something else
within the State where he would immediately desire to call out the
National Guard to take care of that situation and the regular National
Guard is absent from the State, would this National Guard that we
are talking about now, would that sort of emergency be subject to the
jurisdiction of a governor?
Mayor LaGUARDIA. May I answer? I am sure you will find that
before when there has been any such calamity and there have been
Federal troops in the immediate vicinity there has never been any
question but what they have helped and went to the aid.
I remember when I was in the House, Senator, we had one of the big
floods and it was the Army I think that furnished all of the supplies,
the U. S. Army that furnished all the supplies, the beds and the
blankets, the U. S. Public Health Service, they were all rushed down
there at that time.
Senator SCHWARTZ. That isn't always the case because I recall some
time ago when National Guard officers were in here the National
Guard officers complained about a situation in the Accounting Office,
showing where the National Guard of the different States had fur-
42 'iE 1IOMi,,' (UARD
nislicd blankets and tents and services of various kinds for different
floods. So that that (,vidence showed that the National Guard itself
was performing that service.
And then they couldn't get tle blankets back.
Mayor ,I.AGIAIRDlA. whey were used in their own States, weren't
they?
Senator ScHw.ARTZ. Yes; that is what, I said.
Mayor L.iGu' uoi. I think that is an argument in favor of my
positioli.
Senator Scu.% wrz. 'lota is whit I suid. If they were not in their
own States you would throw up a body where the Gove'rnor Coul say,
come on and do this, or, would they have to go to 11,11shington?
Mayor LAGUAIRDIA. Well, tihe goveriunents haven't been bashful in
asking the Federal Government for aid during the lust several years.
Senator ScHwA'rz. The question is 1)etween the asking and the
getting.
Mayor LAGUARDIA. I don't think there will be any trouble about
that at all, Senator.
Senator AUSTIN. There is apparently a pretty clear-cut divisionn be-
tween two ideas here; onO is tile State rights idea, don't you know,
and the maintenance of State unity that will be under the control of
tile State, not under the control of tile Federal Governent.
M'avoI ILA(UAR)I.. Absolutrely.
Senator AusriN. And the otlie
'
one is this one of unity ill national
defense. And apparently we have got it, least two bills here, S. 4002
and S. 4138, founded on the latter iden, tlhiit is, your idea, or Federal
holne guard.
They don't call it that. This S. 4062 would establish the national
home defensee force. Thit is Ilie way they call it. there.
And the other one, S. 4138, would establish a home defense Organ-
ized Reserve for local home defense. But both of those embodied
princilles that you have been expressing.
Mayor LAGUAIDIA. Yes. it is two diametrically opposed view-
points under our theory of Governnent.
Senator AUSTIN. Yes.
Mayor LAGUARDIA. No question about it..
Seintor AUSTIN. Ilere we tire, if the act we passed a few (lays ago
is eniployed to call oat the Nationil Guard of the United States, all
over the United States, our States are going to feel that they have
been stripped of their little armies. And this bill that is pending,
S. 4175, is an answer to that feeling, a cure for that feeling.
Mayor LAGUARDIA. That's right.
Senator AUSTIN. In other words, it is a waiver for that prohibition
that is in the existing law, national prohibition against nnintenanco
of standing troops ill the States.
Mayor LAGUARDIA. Yes; it sacrifices efficiency for theory.
Senator AUSTIN. Yes.
Mayor LAGuRDIA. And if it is enacted I am absolutely certain
that if we get into an emergzeney, which we all prly will not happen,
we will have to coie to this ide.a mInl it is just as well to avoid that
initial step which vill be very costly in time.
Senator AUSTIN. Well of course imp there on the border along the
border of New York and Vernont and so on we aire exposed to
invasions of different kinds than the organized ones.
THE HOME GUARD 43
We have to guard our railroad bridges, strategic points, right now.
Thle po)le of America don't realize that we have got men out there
now watching those piers And other strategic places.
They are civilians in most eases but we can't (epend on that. wo
have got to have soie sort of organization to look after that.
Mayor I,,GUA.IltDI. We have many strategic points in my city
we have to police. It is quite a drain on our force.
Senate' AUSTIN. Your theory is that the service is a Federal service
anyway?
,[ayor LAGUARtDIA. And solely a military service.
Senator AulsTIN. Yes.
The CuAIMAN. Any further questions?
Senator MINTON. What yIOU would have under your plan thlen
would be tite United States National Guard in service and one at honie?
Mayor LA( UAIII)A. Well, of course National Guard isn't a
National Guard, it, is just part, of the Army. It is federalized, it loses
its identity as State trool)s immediately itis called for Federal service.
Senator MINTON. Is it your idlea this hotie guard should be con-
sidered part of the Army of the United States?
tMator l~hGu.uex,. Right. I just read this very hurriedly.
Along the lines of the Downey and Bridges bills.
Senator AUSTIN. Yes; tltere is a clause in tite conscription bill, our
draft act. I think it is section 2. Do you have that here? That
describes the Natiotal Guard of tite United States as--[examining
paper] this will contain what I want. I am reading:
(c) The ('otigress further declares, il. accor(mice with our traditional military
policy as expressed in the National l)efense Act of 1916, as amended, that it is
essel'tial that the strength and organization of ttie National Guard as al integral
part of the first-line defenses of this Nation be at all times inlaitaiied and assured.
I'o this end it is the intIenlt of tlie Congress that whenever the Congress shall
determine that troops are needed for the national secitrity in excess of those of the
Regular Army, the National Guard of the United States, or such part thereof as
may be necessary, shall be ordered to active Federal service and conitmned therein
so 1ong as sich ltcessity exists.
Now you will notice that declare'; that they are l)art of the first litne
of defenses, and that is in accord with dignity anld importance and I am
much itl favor of that ideti.
If your theory were put in effect we would have a second line, its it
were, wouldn't we?
Mayor LAGuAaD\.. Certainly.
Senator Scttw,\nrz. Why voildn't it he reasonable instead of mak-
ing two bites after this proposition to increase the number of the
present National Guard and then have a provision that a certain
percentage of thetm should remain i il the States?
Mayor LAGuARDlA Federalize them?
Sen ator Scnw.\n'rz. Yes; just increase the, present National Guard
and have a certain percentage of them in ithe States.
Mayor LAG UARDIA. They woulh be federalized if used?
Senator ScHw,\ncrz. Yes.
Mayor LAGu,\RD+:A. That woul be all right. You don't want to
lose the advantage though of pertiniing enlistments that could not
otherwise qualify of mn who may not be able to qualify for the first
line.
You can not have equal status. We necessarily must have ohler
men here.
44 TIE HOME GUARD
Senator SCHWARTZ. Yes; but you call have National Guard an(l
thent you couli provide two sets of qualifications.
Mayor L.iGUARDIA. Yes; that would answer. Because immediately
they come into this active duty that we know bas to be performed,
they would be federalized.
'Pite CHA.RMAN. Federalized for future home guard service?
'\fayor LAGu.AIIDIA. Yes. The interchange of officers and men.
Senator SCIIWA.WTZ. But those that remain within tile State should
be subject to the jurisdiction of the Governor of the State.
Mayor LAGu.ummuD. I don't agree with that. Not in time of
emergency, Senator.
Selator ScnwARrz. There are many uses of the National Guard
that are not Army uses.
Mayor IAGu.lIDI.. That is different. I am only talking in event
of an emergency.
Senator AUSTIN. Well, of course, whenever the Federal Government
gets the entire National Guard into tile United States Army in active
duty, active service, theil section 61 operates as a unifier, all the
armed forces of the United States are under the control of the Federal
Government, none under the control of the States.
" That is the effect of the existing law at the present time.
And of course tile object of S. 4175 was to overcome that. Natu-
rally every Governor ill the United States will want 4175. That is a
logical positions for a Governor of a State to take.
Senator SCHW.TZ. If the Federal Government will underwrite
the cost.
Senator AUSTIN. Of course.
Mayor LtGL'ARDIA. I didil't wiit to say that. I am glad you did.
The CHAIRMAN. Colonel Taylor is here. le is to testify a little
later but I will ask him if he hIrs anything to say about this immediate
question.
Col. JoN TAYLOR. I caine Up here not to testif- on this specific
bill but to testify on a program of internal defense that tle Anlericall
Legion has worked out.
The CHAIMRMAN. Does that have any resemblance to the suggestions
of the mayor?
Colonel" TAYLOR. Some.
The CHII IAN. Would you rather we would defer to hear when
you testify?
Colonel TAYLOR. Whenever you are ready I am ready.
The CHAIRMAN. Mr. Mayor, we aire under many obligations.
Very glad to have you.
Colonel Taylor, come forward.
STATEMENT OF COL. JOHN THOMAS TAYLOR, REPRESENTING
THE AMERICAN LEGION
The CHAIRMAN. Will you proceed in your own way, Colonel?
Colonel TAYLOR. The American Legion today is an organization of
1,065,000 men located in about 12,000 posts, we call them, of the
Legion, and just something in *excess of 500,000 women that are
located in about 900 units, we call them.
Now those posts are Very definite and specific spots. They have
been in existence for 20 years. They are thoroughly organized in
THE hOMEI GUA) 45
their communities and their officers that we call post commanders ar&
men that have lived in the community and have risen to the point
where they are in comnnand of the post for the year.
The adjutant is a man who has lived in the "community, and they
know everybody, the background and history of everybody that
belongs to the p)Ost.
So that we have 12,000 specific spots throughout the United States
that cal be utilized for purposes of internal defense.
Last June as a result of tremendous pressure that was put on the
national organization by the posts and lby the departmlents--and a
department is the same as a State; instead of calling it a State we call
it the department of Vermont, or the department of Indiana or the
department of Wyoming or Texas or North Dakota-the department
officers are the same as the post oftfeers, they are men who have lived
in the department, they have come ill) in the department until they
have assumed a position of leadership.
The average age of the World War veteran today is 48 years and
3 months. Eighty-five percent of them are married and have on an
average betweenl two and three children 1per family. So that they are
economically fixed individuals.
Now I say as a result of this tremendous pressure that was put on
the Legion back in June the national commander was compelled and
the national organization was compelled to work out some program
for what we call internal defense. It is something Specific and I have
it here before me.
Mayor LaGuardia has gone, has lie?
The CHAIRMAN. Yes.
Colonel TAYLOR. Now, the American Legion is en organization that
is incorporated by net of Congress September 16, 1919.
The American Legion files with the Congress twice a year a col-
plete record and inventory of all of its activities and everything
conicerniig the Legion, including its finances.
Senator Aus',. \will vol perllit a question?
Colonel TAYLOI. Yes,'sir'.
Senator AUSTIN. 1 wonder if there is coordinated with the American
Legion these various racial legions.
Colonel TAYLOR. No.
Senator AusrIx. They are iot?
Colonel TAYLOR. No.' Off the record.
(There followed a discussion off the record.)
Colonel TAvxyom. Under the constitution of tbe American Legion,
anl pursuant to our pledge to defend the Natini and maintain law
fill([ order, the national commander of the American Lgion directs
the formation of a Nation-wide service of security.
The National commander will be its commander in chief.
The chairman of the national defense committee of the American
Legion will be its chief executive officer.
The national ccnmnander will appoint Legionnaires with requisite
military an(1 naval experience to act as liaison officers at each Army
corps area and naval district headquarters.
That has been (oile 1(nd I will put in the record the names of these-
officers.
The liaison officer for each corps area will place himself at the
service of corps area headquarters-I am speaking about the Army
264985-40--4
46
'vi: IIOM: (UAnt)
corps area headquarters-and will keep Legion departments advised
of corps activities.
The liaison officer for each naval district will place himself at, the
service of naval district headquarters and will keep departments
advised of district activities.
All information for the Army and naval corps and district headquar-
ters will be cleared through respective corps and district liaison officers.
The department commanders of the American Legion will act as
commnandhng officers of the security units within their departments.
Department defense chairmen will act as executive officers for their
respective departments.
Legion area and district commanders will act as commanding
officers withbi their respective arns mi districts. Area and district
defense ehairmen will act as area 1111d district executive officers,
respectively.
Lgion posts will form security units in their respective CoIIImuiII-
nities. Two or more posts may omlibinle in the formation of one unit,
or one ])0st n1iV formillltomre thalln one unlit as the size of posts aid con-
nuniity n1ced (lct ate.
We have posts in the American Legion that are 50 members, we
have posts that are 2,500 me(nbe-rs. I will say in Omaha, Nelbr.,
there is a post there of some 2,500 iem)bers. There are half a dozen
posts that size.
These decisions on number of units should be made after post
officials confer with (listrivt tind (lit ileut chiiIiii(,l.
The national commander and national defense committee chair-
man will be responsible for coordilting national activities of tile
service of security with tile functions of the War and Navy Depart-
nients.
The cor)s area and naval district liaison officers will be responsible
for eoordimiting security activities within their corps areas and dis-
tricts with Armny and Navy plas therein,
Department comnmanders and executive officers will be responsible
for coordinating the plans of the service of security within their State
with those of tile State government, National Guard, State police or
other duly constituted authorities with State-wide authority.
Area, district, till(] unit conmminders will be responsible for arranging
and grouping units in their respective fields of command so as to effect
the Most efficient coordination of unit security plans with the activities
and duties of the duly constituted autliorities, of counties, cities, and
other municipal entities.
Membership in units will be open to American citizens over the ago
of 18 years, whose mental, physical, technical, or military qualifica-
tions tit them to serve in defense of their homes.
Internal organization of units with restect to officers, noncomumis-
sione( officers, and administrative practice soul follow the table of
organization for an infantry company of the United States Army as
nearly as local conditions will permit.
A table of organization is as follows:
Communities iu) to 2,500 population should form at least 1
company of 2 platoons, a total of 59 men and 2 officers.
Communities from 2,500 to 5,000 population should form at least
1 four-platoon company comlosed of 118 mmei and 5 officers.
TIHE tOMEI GUARD 47
Comnmnities from 5,000 to 10,000 population should forn at least
2 companies of 4 platoons each, 236 men and 10 officers.
Communities from 10,000 to 25,000 should form at least a battalion
of 4 companies, 472 men and 22 officers.
Communities from 25,000 to 50,000 should form at least 2 battal-
ions of 4 companies each, 944 men and 40 officers.
Communities of 50,000 population or over should form at least a
battalion for each 25,000 pl)oulation of the community.
Following is the table organization as presenltly Inscribed by tile
Infantry lirill Regulations of the United States Army from squad up
to battilie;n. It should be followed in the orga itizatiotal work as
closely
as
conditlions
will
permit.
I have, it ler. You gentlemeni ar familiar with it..
To form a security uinit the post commander or )ost commanders
acting shall call a public illecting of patriotic citizens of their ('om-
nunity; if aftei information its to ti(, aims, dutis, 111d regulatiolls
of tIle Service of Security 25 or more mah, citizens enroll in tle Scrvice
of Security, it will be tle duty of tl post commander or comnmnders
involved to notifyl national leadqua'tcrs of tle Service of Security of
their desire to perfect unit organizations A copy of Such notice
shall be seaut to the department comlnander.
Upon advice from national lleadquartclm-s that a security unit is
authorized for their community, the post, commander or commanders
shall call a meeting of those who have enrolled for service-relember
these are citizens from 18 years up-at a public place within the coa-
llunity, and give each enrollee at least 3 days' notice in writing of the
time 11d place of the holding of the mlleeting for organization purposes.
At such organization meeting, tile enrollees present shall elect tho
colalilissioned oflices of the unit, giving consideration to their loyalty,
leadersllip, integrity, and military experience in such officer capacity.
Where more than one post in a county sponsor Service of Security
companies, after approval by district and department commanders
and executive officers, the several companies may be organized into
one or more battalions of four companies each.
Tile names, addresses, and personal histories of the commissioned
officers elected and the respective offices to which they have been
elected sh1a11 be submitted to the American Legion department coml-
mander for approval; if apl)roved by the comnmnder, commissions
under the authority of the national headquarters of tie Service of
Security shimll be issued.
Unit commissioned officers of each security unit shall constitute a
board with authority to pass upon the eligibility of all applicants for
enrollents including enrollees upon tie original' roster, and shall have
authority to fix reasonable qualifications and physical standards for
tll applicants and provide for examination.
If an applicant is accel)ted for service, he shall be required as a
condition to becoming a member of the Service of Security to take the
following oath:
I hereby swear that I will uphold and defend the Constitution of the Uadted
States, that I will defend my country against its enemies and that I will conform
to the rules and regulations of the American Legion Service of Security and dis-
charge my duties thereutnder.
48 11tM IOMIE GUARD
On qualification as a member, each enrollee shall be issued a card of
identification under the authority of the national hlleadquarters of the
Service of Security whiell shall bear his written signature, subscribed
to the foregoing oath, and which in the discretion of national head-
quarters may bear other suitable means of l)ersonal identification.
The comnissioned ofleers of each respective unit shall have
authority to discharge unit Inenilbers for infraction of security regula-
tions of the unit or any SUl)erior command or other cause for'the good
of
the
service.
Each enrollee will be requi(ied to agreed, th 11t upon discalirge he will
surrendlhr his car of identification as a iaeinter of the svvice a id any
uniform or equipmlnent which may have ieeil issued to him, ad any
records or prol)erty of the tin it of service in his possession. A written
form for thl' signing of such waiver shall be signed by the e'ollve
when he is sworn in.
The infantry drill regulations of the United States Army will be
the drill regulations of ti h, Service of Security. Ariangeneiuts are
being nm(ie to secure suflicient (jiauatities of such regulations for
purchase by the units.
The disciplinary rules and regulations of the United States Army
will he the guide for the regulation an(h discipline of the Service of
Security and will be made applicable to such service insofar as civilian
status permits.
The Service of Security will serve community, State, and Nation
by performance of the following duties:
They will support Army am(! Navy plans for national defense, by
aiding popular' eucation with respect to such plans.
Thev will promote recruiting in the Army, Navy, and Marine Corps,
and aid the Civil Aeronautics Authority iii the selectioll of trainees
i1s pilots.
'They will develop community
interest in and work for increased
military training; they will formi supplementary companies of cadels
of sehctive service age for voluntary training by Coil)etelt veteran
instruction; they will survey all vulnora hh points in the community,
such as airl)orts, airplam factories, large in(lustries, waterworks, power
plants, (ares, bridges, supply warehouses, and like important places,
anlld preparee plans for their protection and emergency defense; they
will survey communication systems such as tie tlepione, telegraphi,
antd radio, and provide for substitute means of communication if
needed.
They will be on guard to learn facts affecting the security of our
Nation and to report such facts to Army corl)s area and naval district
headquarters through the liaison officers of the Service of Security.
Senator AUSTIN. At that point, is that the first, time in your pla
that von are articulated with the regular military forces? "
Colonel TA)1,on. No. W e presume that till the way through it.
Senator AUSTIN. YoU (10?
Colonel TAYkoi. We l)reslitiIe that we are acting under the direc-
tion of-I think I thoucled upon it before. If 1 haven't I will-of
the National, State, county, community authorized authorities.
I think I will touch uponi that in a minute.
They will make surveys of docks, warehouses, loading facilities,
landing places, and vulnerable points in coastal communities amlid list
public and private craft, which might be mlade afilable for patrol
THE HOME GUARD 49
(ilty or emergency transportation. They will plan for cooperation
with local fire departments in the event of widespread conflagration.
Tr'hey will aid the organization of communities for blackout tests.
They will assist in providing facilities for and they will aid in the
functioning of selective service boards if mobilizationi occurs. They
will seek to prevent selective service evasion all olher disloyally, iii
the event, of the ( outbreak of hostilities.
They will endeavor to convert civil Iysteria., excitement, and nmis-
guided ellori inlo a reasoned dclermination to lend orderly and strong
support to lit execut ion of War and Navy l)epari menll J)ais directed
toward lth(euate (hefenscs for our conivtry.
They will conduct an educational canlpaign directed toward tile
sitinuilia ion of respect for our instlito11s and ideals and it disciplined
willingness and sense of respolsibilitY to vtt, for thent in le''ssily.
They will exercise a sitibllizing influence oii public Opinion designed
to keep our' feet oi the ground without i i rll.ztioii of our effort, to-
wcrd pr'puredncs..
'rIt'v will ect through It11 in Suipport. of local civil lgcnchis ii the
delteciion a([ control of subversive activity 's and in iti, enlforcenieilt
of law and ordhr. 'Iiye' will be oil ('1ll at all times by tile constituted
alnhioriiies of Iheir leu' conl lit ics.
l'iev will oppos, ti' 01gallizalion. of v'igilntcs o1 olher units de-
signed for illegal (i't action in INy forlm.
Thley 1 uA will oppose til e l)erse(ilii of individuals o1 chsses of indi-
vidhidis blac'use of race, religion, or1 nationality.
They will exercise. constant vigilance, ieernal loyalty, and failhiful
devotion, ill safegu,rding ithe privileges, principles, anld ideals of our
beloved (o' intrl'V.
tTiits will e)( available for di1y ill their own collunltllties, andl(1 iln.-
lie(lial e viciinitv. Service levoi d such limits or viiiiiiies will be us-
sigled (llly i)" those who I11on1 call by 1t1' ('olsitited authorities
IvIIhII c r tor such service.
No candidate for or holhhr of renmncalt ive, elective pul)lic office
shall l)e eligible to be it commissioned officer of the Service of Security.
Under the laws of the United States, service stich a1s that content-
plated ill the Service of Security does not entitle o11e to exemption
from service ill tle varied forc'5of tile United States.
Members of the Service of Security will therefore be required to
pldge themselves not to seek exempntion from such service in the
armed forces upon th grounds of require( service in the Service of
Secu'it v
Service of Security is organized prinmarily for protection to, an(
ellergenicy find teIll)l'rflry defensee of, indlistries and vital points not
ordinarily l)rotetcd and defended by the Army, Navy, or National
Guard. Great care should be exercised tht 1)1ns of the Service of
Security in 110 way conflict with, but in fact, suplement, phlls of tile
Regular Establishment. Liaison with such establishment must be
close And constant.
Service of Security units will cooperate with specially selected
Legionnaires e ngaged in anti "fifth column" work under the direction of
the Aiiiericanismi uommlhIisioIn.
Military organization aind military discipline should be adhered to
as closelyas possible in order to facilitate federalization in the event
of wial, should tile Government desire such federalization and the
50 THE HOME GUARD
members of the Service of Security above selective-service age be
willing to volunteer therefor.
Equipment and arms will not be issued unless ordered by the War
and Navy Departments or by competent State authority.
It is not anticipated that in tie first several weeks of organization
of the Service of Security units rifles or small arms will be issued to
the personnel. Under present conditions of enlargement of the Regu-
lar Military Establishments such arms are not available for such local
purposes.
It is accordingly suggested that enrollees be drilled without such
arms, at least teml)porarily, but that a survey be conducted of the
community as to availability of small arms and ammunition now
ovied by 'citizens of the community which might be used in case of
immediate emergency by the Service of Security.
Whether or not such miscellaneous arms, now the personall l)roperty
of the enrollees should be used for drill purposes is a decisionn to bhe
nmade by the officers of the unit.
It. is expected that when surplus supplies are available over and
above the requirements of the lRegular Establishnment, these will be
purchased by tie town and city governments for use of their local
Service of Security units.
National headquarters of the Service of Security will he at American
Legion Building, 1608 K Street, NW., Washington, 1). C.
I see the liaison which are mentioned has already been established
and I have here the names of then and will put then in the record
if desired.
The First Corps headquarters is Boston, Legion Representative Col.
Kenneth F. Cramer, IHartford, Conn., assistant adjutant general of
Connecticut.
Second Corps, Jeremiah F. Cross, of the Bronx. State Legion
departments in that area, New York, New Jersey, )elaware.
Third Corps, Gen. Frank Parker of Washington, D. C. The lists
of the other names are here.
Fourth area, Legion Representative Eric Cocke, vice president. of
the Fulton National Bank of Atlanta. Corps area commander,
Lt. Gen. Stanley D. Embiek.
Fifth Corps, R. B. Gardner, retiring department commander.
Sixth Corps, Maj. L. N. Bittinger, retiring department commander.
Seventh Corps, Allan A. Tukey.
Eighth Corps, S. Perry Brown, of Beaumont, Tex.
Ninth Corps--
Senator MINTON. Off the record.
(There followed remarks off the record.)
Senator GURNEY. I suggest all those names go in the recor(.
The CHAIRMAN. Yes.
Colonel TAYLOR. Yes. I would like to put the whole thing in the
record.
The CHAIRMAN. Yes.
(The paper referred to follows:)
Indianapolis, Ind. August -- , - , national headquarters of the American
Legion has announced the appointment of ine promincnit Legionnaires to serve
as liaison representatives between the State departments of the Legion and the
nine corps area commanding officers of the United States Army.
THE, IOME GUARD 51
In making the appointments, at the unofficial suggestion of War
Department
officials,
National
Commander
Rymond
J. Kelly
advised
the corps area commanders, "It. is our opinion after a survey of Legion
resources Mid isimanpower, that the organization is best fitted to part-ici-
pate in the providing of interior defenses, supplementing the efforts
of the Regilar Army and National Guard Establishments.'"
Il adldiiion to coordinating the work of the State departments and
serving as information directors, the Legioni liaison representatives
will represent the iltional-(lefense (oumuitte of the Americam Legiol,
whose chairumani, Warren 1I. Atherton, Siokl on, Calif., will be the
directing heal of the liaison group.
The liaison represenaiives of tlhe Legion's intionli organization will
rely upon State departlmet oilie.Is of ilie organizai in to keep in-
formed of iatiomll-defenise 1)rograms launched by the various State
governments.
Appointment of the liaison rel)reseitatives by Conmander Kelly is
a newv pluse of the plans that have been considered during tlie past 4
mlouths io integrate the Legion's Imaml)ower in the establishment of
an a,(limte national defense.
The Legion's Srv-ite of Security pln, developed by a specially
a"ppoinlted committee after consultation with V'ar l)eparltleni oflicilds,
has been in the hands of tihe Legion's national exeelujive committee for
(ionsiderat io5.
Although no decision has been made by the national organization
of the Legion to put the plan mandatorily into action, it has been
considered by many Federal and State officials. In some States the
plat, as modified to suit local conditions has had the approval of the
Governors.
Copies of the plam have been in the hands of the corps area coi-
manders of the Army for some time. Chief of Staff Gelm. George C.
Marshall has adviseil Commander Kelly that' "the plan shows de-
tailed preparation anti proposes restrained yet effective action."
President Roosevelt, in an early August IIyde Park interview with
newspapermen, considered the formation ofa home guard with the
American Legion and other veteran groups as its nucleus, in the
event the National Guard is federalized.
With Presidential approval now given the legislation authorizing
the calling of the National Guard into Federal service in coming
months, it is anticipated State governments will step up their con-
sideration of plans to provide replacements for the National Guard.
In his discussion of the Legion's plan, General Marshall said "a
comparison of this plan with the War Department plan for the
protection of civil communities from aerial or other attack reveals
that the two plans are in general accord. The method of adminis-
tration differs in that the War Department conteml)lates that local
protective measures will be the responsibility of the respective State
governments.
Anmong other duties the War Department plan contemplated for
home defense, according to General Marshall, are the following:
The specific tasks of administering the local defense organization, establishing
an air-raid warning system, providing for emergency police and fire protection,
protecting transportation and utility facilities, safeguarding the population from
the effects of aerial bombing, supervising work on protective construction, and
making plans for the emergency evacuation of the population.
.52 THE 110ME GUARD
General Marshall recommended to Commander Kelly that Legion
representatives consult the corps area commanding generals "iii order
that the activities of tie American Legion may be coordinated with
the various State plans."
"This," he said "should insure the development of an orderly sys-
tem of organization of State defensee forces throughout the country.
With this active cooperation, I feel sure thut the American Legion wil
be able to take a highly effective part in the scheme of national
defense."
The nine liaison representatives of the national organization of the
legion will function along tle line of action suggested by General
Marshall.
At tie same time lie announced the appointment of the nine liaison
representatives of tie Legion, Commander Kelly advised State (de-
partment officials of the Legion of the action taken in making the
appointments.
6
In writing to State department officials of the Legion he said:
Present indications are tlat although the War l)epartment and General Staff
are keenly desirous of poscssion some sort of overseership and supervision of
efforts to provide adequate home defense to sUil)plement the Regular Military
Establishment and the National Guard, thmev also appreciate that under existing
legislation, the matter of setting U) such iiiterior (lefeits or home guard must
be done bv each State.
I appreciate that the matter of legalized home guard set-ups will be largely
determined State by State, under 1irely local control. It appears doultffl at
this time if Federal legislation will be enacted providing for Federal control of
such secondary armed forces. With the impe(limg federalization of the National
Guard, there is still the possibility of such hgislation being enacted. Meanwhile,
it will only be possible for the legion to work with State atithorities in any u's-
sistance we can provide for the setting up of home d(flense organizations.
It. is anticipated the question of national defense will l)lay a large
)art ill tile discussions and actions of the Legion at its tweltV-secolid
annual ittional convention to be held in Boston Septtember 23-2r.
The standig national-defeimse committee of the Legion under
Chairman Atherton, will meet in Washington, Selptember 19 and 20,
to consult with War Department and other Federal officials in
alvact of the convention.
The nine liaison representatives will be called to Washington for
these meetings of tle national-defense committee.
Those named to rel)resent tile Legion as corps area liaison repre-
sentatives oa national defense and the State departments of the
Ltgion in their areas are as follows:
First Corps, Boston, Mass. Legioa relresentative Col. Kenneth
F. Cramer, lf'artford, Conn., assistant adjutant general of Connecti-
cut. Corps area commander, Maj. Gen. James A. Woodruff. State
Legion departments in area, Connecticut, Maine, Massachusetts,
New Hampshire, New York (Long Island), Rhode Island, Vermont.
Legion national defense committee members in area: Col.Kenneth
F. Cramer, Hartford, Cotn., Col. Frank E. Lowe, Portland, Maine,
and Gen. Charles i. Cole, advisory member, Boston.
State Legion department national defense committee chairmen in
area: Harold Semple, Providence, R. I., Newton W. Alexander,
Waterbury, Conn., Col. Frank E. Lowe, Portland, Maine, Dr. John
H. Hall, Middleboro, Mass., Col. John Jacobson, Manchester, N. H.,
Waldo H. Hfeinrielis, Middleboro, Vt., and Arthur W. Price, Mount
Vernon, N. Y.
T'HE HOME GUARD 53
Second Corps, New York. Legion representative ,Jereniah F.
Cross, Bronx, N. Y., corps area, commander, Lt.. Gen. 1ugh A.
Drum. State Legion departments in area, New York, New Jersey,
Delaware.
State Legion department national defense committee chairman in
area: Arthur W. Price, Mount Vernon, N. Y., Cliff'ord R. Powell,
lount Hlolly, N. J., and George J. Schultz, Hartly, Del.
Third Corps, Baltimore, Md., Legion representative, Gen. Frank
Parke', Washington, D. C., corps area commander, Maj. G(en. James
K. Parsons. State Legion (e)artments in area, Maryland, Penisyl-
Vnia, Virginia, and District of Columbia.
Legion natioma defense committee members in area: Thoms A.
Thornton, advisory, Pittsburgh, Pa., J. O'Comor Roberts, Washing-
ton, I). C., (Ten Frank Parker, Washington, D. C., advisory.
State Legion department national (lefeas(, Committee chairman in
area: Maryland, none (lesigmated; Vincent A. Carroll, Plhiladelphia,
Pa., W. Marshall Geogheai, Chase City, Va., and Wallach A. Mc-
Cathram, Washington, 1). C.
Fourth Corps, Atlanta, Ga., Legion representative Erie Cocke,
vice president Fulton National Bank, Atlanta. Corps area com-
mander, lt. Gen. Stanley D. Emlbick. State Legion departments in
area, Alabama, Florida, Georgia, Louisiamm, Mississippi, North Caro-
lina, South Carolina, Tennesse.
Legion national defense committee members in area: Rufus I-.
Bethea, advisory, Birmingham, Ala.
State Legion department. national defense Committee chairmen in
area: Alabama, Georgia, and Mississippi, none designated; Gen. A. II.
Blanding, Bartew, Fla., Gen. Raymond I-. Fleming, New Orleans,
La., Bryce Beard, Salisbury, N. C., E. B. Turner, Columbia, S. C.,
and Roane Waring, M'ealphis, Tenn.
Fifth Corps, Coluinmbus, Ohio. Legion representative I. B. Gard-
ner, Mansfield, Ohio, retiring (el)artrment commander. Corlps area
conimnanlder, Brig. Gen. Courtney H. Hodges. State Legion depart-
ments in area, Indiana, Kentucky, Ohio, West Virginia.
Legion State department national defense committee chairmen in
area: Foster Stanley, Indianapolis, Ind., Stanley Allnut, Louisa, Ky.,
Ohio, none designated, and Hubert D. May, Bluefield, W. Va.
Sixth Corps, Chicago, il. Legion representative Maj. L. N.
Bittinger, retiring Illinois department commander, Onarga, 111. Corps
area comman(ler, Lt. Gen. Stanley H. Ford. Legion State del)art-
ments
in area,
Illinois,
Michigan,
Wisconsin.
Legion State department national defense committee chairmen in
area: Onmar J. MeMaekin, Salem, Ill., George F. Metcalf, Midland,
Mich., and Scott Cairy, Platteville, Wis.
Seventh Corps, Omaha, Nebr. Legion representative Allan A.
Tukey, Omaha, insurance agent. Corps area commander, Maj. Gen.
Percy P. Bishop. Legion State departments in area, Arkansas, Iowa,
Kansas, Minnesota, Missouri, Nebraska, North Dakota, South
Dakota.
Legion national defense committee members in area: Missomi Adjt.
Gen. Lewis M. Means, Jelferson City, Mo.; Leo Temmy, Huron,
S. Dak.
State Legion department national defense committee chairmen in
area: Col. Elgan C. Robertson, Marianna, Ark.; Robert. J. Shaw,
54 TIE HOME GUARD
Sigourney, Iowa; Col. Charles H. Brown, Horton, Kans.; Col. L. A.
Hancock, Appleton, Minn.; C. Lyle Malone, Sikeston, Mo.; Walter
Gardner, Lincoln, Nebr., none designated for North and South Dakota.
Eighth Corps, San Antonio, Tex.-Legion representative S. Perry
Brown, Beaumont, Tex. Corps area coriander, Maj. Gei. Herbert
J. Brees. State Legion departments in area, Texas, Oklahoma, New
Mexico, Arizona, Colorado.
Legion national defense committee members in area: Perry S. Brown,
Beauniont, Tex.; Joseph R. Leyden, Denver, Colo.
State Legion departmentt national defense committee chairmen in
area: Dr. W. R. Jamniesoti, El Paso, Tex.; Joe Reed, Lawton, Okla.;
Col. J. P. Atwood, Roswell, N. Mex.; P. K. Ingainn, )ouglas, Ariz.;
J. Fred Nelson, Pueblo, Colo.
Ninth Corps, San Francisco, Calif.-Legion representative Warren
H'. Atherton, Stockton, Calif., national defense committee chairman
of the Legion. Corps area coninnander, Lt. Gen. John L. DeWitt.
State Legion departments in area: Washington, Idaho, Oregon,
Montana, Wyoming, Utah, Nevada, California, Alaska, and Arizona.
Legion national defense committee members in area: Warren 1I.
Atherton, Stockton, Calif.; E. J. Zoble, Casper, Wyo.
State Legion department national defense committee chairmen in
area: Harry Cole, Pullnan, Wash.; W. C. Valentine, Rexburg, Idaho;
Frank Priice, Bend, Oreg.; Charles L. Sheridan, Helena, Mont.;
George Johns, Rock Springs, Wyo.; A. E. Wilfong, Ogden, Utah;
George W. Malone, Reno, Nev.; Edward J. Sharkey, San Francisco,
Calif.; D. K. Ingman, Douglas, Ariz. None designated for Alaska.
Colonel TAYLOR. You will notice there was no reference here to
remuneration for services and I was rather interested in the reference
to the National Guard.
We contemplated no such thing as compensation at all.
This plan that was ftlly discussed with the War Department-I see
the gentleman sitting here [indicating Colonel Churchill]-it has been
fully discussed with General Marshall and with the Navy Department
officials.
Senator MINTON. This just authorizes the American Legion to or-
ganizo a defense service?
Colonel TAYLOR. That's right,. Wo aren't receiving any authority
from the Government or anybody else. We are just getting ready in
case the Government wants to take over the service of 1,100,000 Iiuon,
it is there to take over.
We contemplated that the thing to do was to go ahead and make
our plan and have it in operation. In a good many States they have
already (lone this.
In North Carolina the Legion has gone far to complete organizations
*on national defense in the 100 counties. The Department of Missouri
has already taken steps to perfect the organization of the home guards.
Gov. Keen Johnson, of Kentucky, has appointed J. J. Greenleaf as
State director of civil defense.
In New Hampshire, the adjutant general, Gon. Charles Bowen, is
giving consideration to the question of how far the State may go
tinder the restrictive clause of the National Defense Act to utilize
this program.
Senator MINTON. In other words, this is a plan which the Legion has
-devised and is putting in operation itself?
THE HOME GUARD 55
Colonel TAYLOR. It is indeed.
In answer to Senator Austin now, it is to be not only coordinated
with but to be an integral part of such set-up-if the Government
makes a State sot-up or if the State itself makes it, this is to be a part
of that.
It is to be integrated with and to be a part of any other organization
that is established by either the Govermnent or the State to go ahead
anid do the job.
Tie only thing about what we have (one is we have considered that
something ought to be done so far as mobilizing manpower, par-
ticularlv the World War veterans manpower, and get it in shape now
and stop fooling about it, get something done about it, and that is
what we have proceede(l to (to.
Senator SCHWARTZ. Colonel Taylor, is this organization a voluntary
organization?
Colonel TAYLOR. Yes, sir.
Senator SCHWARnTZ. Available for use Mien called?
Colonel TAYLOR. Absolutely.
Senator SCI IW\TZ. It is not a thing tinit requires legislation by
Congress?
Colonel 'r.YLOa. I don't think it doeq. No, I don't think it (loes.
A town meeting is to be called, by the prominent Legionnaires, of all
of the citizens and everybody from 18 years ol up, if they are phvsi-
cally fit and upon examination of their" background an(] their qua'lift-
cations, they can be in this, from 18 years ol up.
They cannot use this as a means of avoiding or evading military
service but they can get in now if they want to.
This organization contem)lates taking the youngsters from 18 years
old up and giving them some drilling now to provide them with time
necessary enthusiasm and so that they may understand that military
service is a real thing.
It is a voluntary organization.
Senator AUSTIN. But if they get any power, any authority from
somebody else, either of civil or military nature, they must take that
from tle" fountain-ead authority.
Colonel TAYLOR. Absolutely. Absolutely. As a matter of fact
except for their own disciplinary basis now,'I mean to keep their own
set-up in order, they contemplate no such authority. They con-
template if they are'ordered to do anything it shall be by a regular
constituted
authority.
A regular
constituted
authority.a
Senator SCHWARTZ. Well, what I had in mind was that, in the absence
of legislation, then in an emergency situation some place has authority.
Would the Governor or the War Department have to say to that
organization, "Now you get out and do this thing"?
Colonel TAYLOR. "This would have the same authority that the
mayor of a town would have over a voluntary fire department.
Coma out and put it out.
Senator AUSTIN. Is that the authority of the posse comitatus?
Colonel TAYLOR. No. That is what we want to avoid, that vigi-
lante business.
Senator AUSTIN. No; that isn't vigilante. That is a perfectly
legitimate transaction. The sheriff of a county may swear in as
many deputies as lie wants.
56
THE HOME GUARD
Colonel TAyLOIl. What we did want. to (o was to put cold slop to
this vigilante organization set-up before it gets started ind have
fellows who have had some military exl)erienee in the past and who
want to get in but who cannot because of their age, who want to get
in and (10 something, give them the o)l)ortuniiy and the time ald the
place to (10 it.
And I repeat, beeuse this is important, under the properly con-
stituted authorities.
Now a copy of this )lain has been sent to all of the corps headquarters
throughout ihe United Siates, I think. I have here in this table a
part, of it and whai, General Mar'shall has said about it'.
You have been here to testify, have you?
Colonel ClUitCHtL. No; niot on thiis bill.
Colonel TAY.kyoit. Because we have discussed this with you, liaven'i.
we?
Colonel CiluIlcinrL. Yes.
Colonel 'l'.yLou. And it, is purely voluntary.
You notice there was 11o question of Compensation about the ,hing
at, all. No question alout any obligation on the part. of the Govern-
maent in ease this outifit suffer any disability or anyt hing that, isn't
contemplated at. all, it is purely a voluntary service.
The CHIR MAN. Colonel, you may be suie the committee a)pre-
(ciot5 the high )atriotii i)urposes inspiring the Legion in this move.
Colonel '.YLoRt. Well as I say, we are setting it, i1p so if the time
comes andi the War Deparimnent hasn't, got anytlng anod nobody else
has anything we call say here they are, we want to do something', here
ve ae.
The CHAIRMAN. Thank you very much, Colonel.
Senator THOMAS. Would that take the place of any of these other
proposed bills that we have?
Colonel TAYLOR. VC1l I can't answer flint, Senator, because I
think these other proposed bills contemplate that the interior defense
would become part of the Regular Establishment and as a matter of
fact would be just another integral part of the Army as it exists and
should be moved about. the same as any other l)art of the Army and
probably would be entitled to all other benefits or some of the benefits
that imre now to people who would be engaged in the war.
Now we don't conteml)late that at all. We contemplate that in a
city where there are 2,000 Legionnaires that 500 of those Legionnaires
would organize themselves voluntarily to carry out these l)urposes.
Now those fellows, as I say, they are 48 years and 3 months, andi
I think that all sitting here know that they know the roads, they
know the bridges, they know the gas house, they know the electric-
light house, they know the waterworks. In fact, some of them work
there.
But in case of emergency those fellows are called out, when the
whistle blows they are called out to do that job, got over there and
protect and take care of that spot. Like these bridges along the bor-
(ter, the waterworks and things of that sort. On a voluntary basis;
under discipline.
And I repeat again to the Senator that they are to do it under the
program and tile plan of tile constituted authorities. Because I think
we figure that most of the States, and I know Indiana would because
THE HIOME GUARD 57
the State of Indiana was responsible for us getting started, on this so
rapidly-the Governor of Indiana had already started to draw up
something and turned to the Legion and said, flow can we utilize you
fellows, or, can we utilize you fellows? And we said, You can utilize
us, and I went out there to see them. And this is the result of it.
It may sound too specific to you but it has been created as you see
by fellows who lave been in the Army before and are now just a little
too Ol to step back in again.
So it is.specific. We know what we are doing and we know where
we are going.
Senator GUHNr:Y. MNaV I ask the Colonel, have you advised any of
tie department commailders of this plaii, has that gone out from
national headquarters?
Colonel TAYLOL. It has.
Senator GuIINr;Y. And each post has ieen notified?
Colonel TAYLOR. I can't answer that, sir. It is awaiting one thing.
The Legion works in an organized way. The Commander has no
authority to (1o anything of this sort until this planned p)rogramn has
been actually approved by the national executive committee of the
American Legion.
Senator GURNEY. flas it been al)l)roved?
Colonel TAYi.OR. It is in their hands now.
Senator GURNEY. Wheii was each departInent notified?
Colonel TAYLOR. Again, I have that [examines paper.
Senator GuaNEY. Well you can give me about when?
Colonel TAYLOR. Well May 29 the national commander appointed
the committee to come down here to confer with the War Department
and time Navy De)artment and on June 20 the plhn was transmitted
to the members of tile executive committee.
Senator THOMAS. Has tle Chief of Staff commented on this plan?
Colonel TAYIO. lie lIes. I think I )ut in here
Senator THOMAS. If yOU have it for the record that is all that is
necessary.
Colonel TAYLOR. I think I have it. I have his comments here, but
they are just excerpts from his comments here [indicating]. If you
want ine to )ut that in the record-"A careful study lies been
made"
Senator GURNEY. You don't need to read it. Just put it in tile
record.
Colonel TAYLoI.. It is signed by George C. Marshall, Chief of Staff.
Senator THOMAS. It would be interesting to have it in the record.
Colonel TAYLoR. I will be glad to put it in.
(Time letter referred to is as follows:)
WAR DEPARTMENT ,
OFFICE OF TilE C|IEF OF STAFF,
Mr. IlATmoxD)
.. limLl,
Washington,
1). C., August 16, 1940.
National Commaunder of American Legion,
Indianapolis, Ind.
DEAR AIR. KELLY: A careful study has been made of the American Legion
service of security plan submitted to the Assistant Secretary of War with your
letter of Jiue 10, 1940. The i)lan shows detailed preparation and proposes
restrained yet effective action.
A comparison of this plan with the War Departnment plan for the protection
of civil communities from aerial or other attack reveals that the two plans are in
58
THE HOME GUARD
general accord. The method of administration differs in that the War Depart-
ment contemplates that local protective measures will be the responsibility of the
respective State governments.
The War Department plan, copies of which have been transmitted to corps
area commanders to serve as a guide, proposes that the separate States take
charge of civilian defense measures within their respective boundaries. The
State governor would appoint a State director or council to be charged with tile
responsibility of forming and operating the entire State defense organization.
A State would be divided into defense areas which would be headed by local
defense directors or councils whose duties would be to organize, train, and operate
their locp.l defense units.
The local defense authorities would have the specific tasks of administering
the local defense organization, establishing an air-raid warning system, providing
for emergency police and fire protection, protecting transportation and utility
facilities, safeguarding tile population from the effects of aerial bombing, super-
vising work omi protective construction, and making plans for the emergency
evacuation of the population.
In the performance of the above tasks, it is believed that economy and efficiency
demand tie full use of established agencies of local government. Where established
agencies are not available or suitable, emergency agencies should be created.
Legislation authorizing the creation of military units, not a part of the National
Guard, when the National Guard is iii the Federal service, is now before Congress.
Assistance in the organization of these units, if and when authorized by the
Congress, would appear to be an ideal task for the American Legion.
The Corps area commanders have been instructed to cooperate with State
representatives upon these measures and to assist in the preparation of their plans.
It is suggested that you have your department coimanders, or other appropriate
executives, contact the comnmanding generals of the corps areas in which they
reside, in order that the activities of the American Legion may be coordinated
with the various State plans. This should insure the development of a uniform
and orderly system of organization of State defense forces throughout the country.
With this active cooperation, I feel sure that the American Legion will be able
to take a highly effective part in time scheme of national defense.
Faithfully yours, GOone, C. MASISHALL,
Chief of Staff.
(Senator Minton takes the chair.)
STATEMENT OF L. S. RAY, LEGISLATIVE REPRESENTATIVE OF
DISABLED EMERGENCY OFFICERS OF THE WORLD WAR
Mr. RAY. I represent the disabled emergency officers, those who
were disabled during the World War, and I retired under the Emerg-
ency Officers' Act.
And I didn't come up here with the thought of discussing the merits
or the necessit of the organization of any home-defence units but the
possibility of tle use of both the disabled enlisted men and the dis-
abled emergency officers in any such set-up and the status should
they accept a service in the organization.
I have a letter from one of our men who lives in Schnectady, N. Y.
He states that-
Recently I have been asked by New York State National Guard authorities to
captain and organize a rifle company in the State guard to garrison the armory
and in general take the place of one'of time present National Guard companies in
case the National Guard Is inducted into the Federal service for training. I ad-
vised the authority that I was hard of hearing and of my physical condition and
status as a retired officer and that I doubted if I could qualify physically. I was
told that physical requirements for this hoine-guard service would not be as
strict as for tie regular National Guard or Federal military service.
I told the authority that if I could qualify and it did not interfere with iny
status and pay as a retired officer I would do the best I could but that I wished
they would find someone else.
THE HOME GUARD 59
There is no pay for this service unless the home guard is called out in case of
riot or some such emergency.
While I am willing to render such service as I can, I cannot afford to sacrifice
my retired-officers' pay in the shape I am in, and with a large family (five children)
and at, my age of 52.
I should like to know if there is any risk of losing my status and pay as a retired
Reserve officer if I accept a commission as captain in the New York State Guard.
The indications are that if and when the National Guard have received their
Federal training and return home the propose lonme-guard companies will be
discharged.
I don't know who contacted him, it may have been the comnmander
of the coaI)paiy there.
1 unlerstanl that the Governor of New York was not in favor or
did not recommend the formation of a guard by the State.
But the question was what woulh be the status of these men if they
did accept such service.
I have a letter from Lt. Col. Edward J. Meehan, of Phil-delphia,
who was wounded in the arm and shoulder.
He has contacted, I believe it is called, the military affairs depart-
meat of the State.
From correspondence with the Pennsylvania Military Affairs De-
partment "you will see that such use of men like I and my associates
on the disabled emergency officers retired list is contemplated but may
be prevented unless specific authorization is written into forthcoming
home-guard or reserve-militia legislation."
After the war, in 1920, when the National Guard was organized,
many of these World War officers, many of them badly (lisabled, were
asked to reorganize National Guard units, companies, regiments, and
in some cases brigades, and the ones I have in mind were disabled by
gunshot wounds and these disabilities were waived. And I have a
communication here from The Adjutant General of the Army waiving
disabilities in one or two of these cases but in one particular case the
man voluntarily gave up his retired pay and was a colonel commanding
one of the infantry regiments in the National Guard of Pennsylvania
and his disabilities became so severe that it was necessary for him to
give up his work there and it was many mondis before he was able
to get back on the retired list-emergency officers' retired list--again,
after voluntarily giving it up.
Another who is now brigadier eneral in the Pennsylvania National
Guard resigned-after considerable difficulties resigned-as an emer-
gency officer and by ruling of the Veterans' Administration can never
be returned to that status although lie has a very bad arm resulting
from gunshot wounds.
We contacted or wrote The Adjutant General of the Army and the
Navy Department in regard to such service.
They said they do not at this time contemplate calling these men
into this Federal service.
The Adjutant General in closing stated:
Existing law does not cover the matter of restoration to the emergency officers'
list after active duty in the military service if such active duty should be
authorized.
Many of these men had extraordinary service during the World
War and are leaders in their communities and this is just one or two
that I pick out.
60
THre 1OM GUARD
Many of them have been contacted by vmious State officials in
regard to organizing these home-guard units if such is provided for by
Congress. And I just wanted to recommend to the committee that
if such an organization is set up that a provision be made to take in
mei, who weie disabled (uring the war aid are drawing Compensation
or emergency officers' retirement pay, as many of them will be very
valuable andl can render very good service, especially gunshot-
wounid cases.
Of course, a man with a bad heart disability, tuberculosis, and dis-
abilites resulting from disease, it woul be doubtful if many of them
could serve, but gunshot-wonld cases or a 111mn who has lo.t one eye
can rev der valui We service.
We Would like to have, if such a bill is drawii 1l), a proviso that such
mmen could serve in such service and that their compensation or retire-
ment status wouli not be jeopardized by such service.
Maniv have said that General Ilines has said Ite didn't think they
would he hilt we want to Imake sure becalise they are getting along in
years and it wouhl bv very much of a calamity for them to go into such
i service and to lose their compensation or retired pay.
I would like to )e permitted to suggest such an ailiendment if tie
committee decides to report miit such a1 bill.
Senator AUSTIN. We are mow tit work on S. 4175 which merely
lifts prohibition from the State,;.
Mr. RAY. Yes.
Senator AUSTIN. You se the number Nt of the National Defense
Act, section 61 says no State shall maintain troops in time of peace
other thavn as authorized in accordance with the authorization pre-
scribed under this aet--a certain proviso there.
Now this proposal is merely to lift that e-llhiargo so a State may
maintain within its borders a military unit that isn't 1 )art of tWe
National Guard.
That is all this bill is.
Mr. ItA . I am familiar with this bill.
Senator AUSTIN. YOU see yolr pri'oposal wouldn't have any rele-
vancy to that, would it?
Mr. RAY. The letter from the department of Pennsylvania, this
gentleman ul) ere, Colonel Meehan, said thit they w ere doubtful
that they could take these men because of their status as emergency
officers, and that might well apply also to compensation which they
would draw from the Government.
Senator AUSTIN. Well your plan would have to be submitted to the
States. All we are (hoing lhre-I am trying to make this clear-that
all we are trying to do by S. 4175 is to say to these States, "You nmy
no longer be'prohibited from maintaining an armed force."
Mr. RAY. All right. Now, you have a proposition that would in-
volve taking into those forees'a disabled officer, have you not? Or
disabled soldier of any grade.
Senator AUSTIN. All right. Now, don't you see that you ave come
to the wrong place with it? If tie State is going to organize under this
privilege the State would goverl that now and you woul want to make
your application there.
Mr. R6Y. But. still, Snator, as it is inferred by this letter from
Pennsylvania, they were under the belief that by reason of the fact
THN|' HIOME' (IUARD 61
that the man was drawing compensation or retired pay from the
Government, that he wouldn't be eligible.
Senator AUSTIN. Oh.
Mr. R.iY. And it is my opinion that many of these men would be
very valuable to the set-up with their extensive service in the World
War, and, many of them commanded from brigades on down to
platoons.
Senator AUSTIN. That is still up to the States as to whether they
woul(l want to treat that as a disqualification or not.
Mr. RAy. The adjutant general doesn't know what effect any such
service
would
have.
The Veterans' Administration states that they don't believe that it
would. But it, would be much better to have'something definite on
such a subject where it concerns a man's future welfare.
1 know that many of them are going in, whether there is anything
done on the subject or not. But they are disabled at least 30 percent.
The enlergency-ofhicer group may have 30 off to 100 percent.
Senator AUSTIN. Well, are you under an impression that we have a
Federal statute that affects the command of the State in forming a
military company, other than this act, this National Defense Act?
Mr. R.ty. No,'sir. That act would allow them, as 1 understand it,
to forn such hone defense or however it is designated, whatever name
they give it. There are other acts-I mean bills before the committee
thait would in other ways--it is the States that are doubtful as to their
right to a)poilit these mlen.
Seltor GUnNEY. Am I right, Mr. Ray, in this supl)position, that
what you want is if find when we organize these home-defense units
as a Federal proposition, that then these disabled officers be allowed
to joiln that unit?
Mr. RlAY. And others who are drawing coml)ensation or any Federal
benefit.
Senator GURINEY. That's right. And that their retirement or Fed-
eral benefit of tiny kind will not be affected in any way by their joining
such unit?
Mr. RAY. Yes. That's it.
Senator AUSTIN. That clears it up. Then it applies to those other
bills, not to this one.
264 985 -- 0- -'-
THE HOME GUARD
FRIDAY, SEPTEMBER 20, 1940
UNITED STATES SENATE,
COMMITTEE ON N MILITARY AFFAIRS,
Washingtoa, P. 0.
'Pie (onulit tee tliet., pursant. to call, iii the coinlhitte -room,
Senator Mlorris Sheppard (chairman) presiding.
Present: Senators Sheppard, Nlinton, Joluison of Colorado,
Schwartz, Austin, and 0uroy.
The CHAIRMAN. Gentlemen, we will now return to the home-guard
proposition. Let. me say I have never been satisfied that we have
tad a proper background for action oil this very important. imatter,
and I believe you gentlemen will agree with ue that it was given a
rather haphazard study. I think Major Ridings cal probably give
us a definite idea of what is to be obtained )y the home guard, and
what the idea of the War )eprtnent is iii connection therewith.
WAe have heard from one or two gent lenien, and I want Major Ridings,
of the G6ellerld Stall', who lilts given this subject (to o gl st-udy, to
tell us what Ie, will about it.
Senator AUSTIN. Is this the same bill we reported the other (lay?
'le ChAIRMAN. It is; 111d I had it re'oinlit-ted because Senator
Johnson raised the question of whether we really had a quoruint lieet-
ing, 1 ingine because he wanted to give it further study.
STATEMENT OF MAJ. EUGENE W. RtIDINGS
ilajor RIHnxos. rbe War J)epartniewnt worked out their decision
front an examination of what happened during the last war. Now,
ini the early stages of the will, it. was n~ecessary to employ something
like a hundred thousand Regular Army troops to guard installations
in the interior of the country. Tlose installations were established
aroun( (locks, railroads, railroad terninials. arsenals, canal locks,
waterworks, reservoirs, dams, mines, and mnuiv other things.
The CAIRMIMAN. And particularly works coniiected with tle national
defense.
Major IIDINGS. They10 ' were. There were hlttndreds of different
things connected, some of them very remotely, with national defense.
Senator AusrIN. l)id that cover railroad l'ridges?
Major RIDINGS. Yes.
Senator AumIN. HIighwav bridges?
Major RIDINos. Yes; an everything that might cause great difi-
tulty if acts of sabotage, accidents, aind things like that happeiod to
theili.
Senator JoHNsON. Under whose authority did they act, the au-
thority of the States or the authority of the Federal Governmient?
03
64 THE HOME GI'AI)
Major RIDINGS. They acted under the authority of the Federal
Government. The thing worked this way: If a State or a civil con-
cern or anybody would become frightened at the thought of what
they were interested in being blowni up or having trouble with it,
they would request the department. commanders to put a guard around
it. The department commanders were loath to guard these because
that took men away from training, but finally the pressure became so
great they woulh have to defend it, and( sent men over to a certain
place and put a guard there and kept it, there.
Senator AUSTIN. Did you have instances of a guar(d being requested
for water supply?
Major RIDINGS. I did, sir; many of them. Now, they first used
Regular troops, and they had at one time a hundred thousand. The
War Department could see if they were going to use a hundred
thousand of the Regular Army to guard these installations that it
was going to hurt immensely the war effort; that they couldn't train
these men while they were guarding these establishments; that they
couldn't bring them'up to the state of preparation that they needed
to be brought up to for the war; also they couldn't even ship them
overseas. In an effort to relieve that situation they organized what
was known as United States Guards. Those united States Guards
were men that were over age.
The CHAIRMAN. Over what age?
Major RIDINGS. Over the age that they established; over the draft
age at that time; men that were not eligible for service in the Regular
Establishment.
Tle CHAIRMAN. I sVe.
Major RIDINGS. They gave them a certainn amount of equipmlient
and gave them an l blue uniform. There was it certain stigma
attached to them. They served tit home in the United States like
that without serving overseas. They or,,,anize(l something like 40,000
over 40,000 of tlose pvoph, and the "organization went Mlong until
the Armistice, when it was discontinued.
Tie CHAIRMAN. What. was the maximum u:umler in that organi-
zatioii lt any one tine?
Major RiINGS. I believe 43,000. I think I have it here. Forty-
eight battalions were authorized. This force had attained a streig'h
of 26,284 officers and men at the tinie of the armistice.
Tihe CHAIRMAN. Did you utilize then, place them on duty at certain
l)laes, lei'mllent (Iuty?
Major RIDINGS. They were a(Iministered by the then Militia
Bureau. The Militia Bureau woul have a certain number of requests
for the guards. They tried to make their plans to have enough ahead
so they wouil have enough guards to handle the situation.
Th(: CHMi.?I*iMAN. The Militia Bureau in the War )epartmen t?
Major RIDINGS. Yes, sir.
The CH.IRM.AN. 13 there such a Bureau there now?
Major RIDINGS. It is now known as the National Guard Bureau.
They are an agency used to guardI installations. They were estab-
lished known as the home guards. They were raised by the States,
paid by the States, and given a certain amount of equipment by the
War Department.
The CHAIRMAN. What did you call these others?
THE HIOME GUARD 65
Major RIDINGS. United States Guards. I wouli like to have you
remember their agencies and the Regular Army, United States Guards,
the St',te agency known as the home gunrds.
The CHIAIRMAN. They discontinued the Regilar Federal power
When they turned to the home what was called the United States
Guards, lid they?
Major RIDINGS. That was the way it was supposed to work, but it
didn't work that way.
The CHAIRMAN. You kept both?
Major RIDINGS. They kel)t using-instead of relieving the Regular
Army from this duty the demands became so great that they had the
regular United States guards and the home guards all doing this.
At one time there were something like four divisions that were on this.
Four divisions from the Regular Army that should have leen sent
overseas were )erforming guard (luty in the United States.
The CHAIRMAN. Four divisions in addition to the United States
guards and the State troops?
Major RIDINGS. Yes, sir. That. illustrates what we are trying to
get away from. We don't want that to happen again. We have
figured out a plan that we think will do away with it. We started on
the supposition that within the interior of this country there are in-
stallations that need guards, and that some of those installations are
Federal in character. Illustrative of those would be Federal property,
interstate railroads, factories that were making things for the Regular
Army that were very vital to the national defense.
Senator AUSTIN. Voolen mills, for example, manufacturing cloth
for
uniforms.
Major RiintGS. They might, yes; they would. Factories making
guns, powder, airplanes, and things like that.
Senator SCHWARTZ. Who is to Jaly the exJlelises of those forces?
How will they be paid?
Major RIiNGS. I think that that will be clear if you will let me
explain just a little further.
Seltor SCHWARTZ. But you can't, tell me right now whether the
State or the Federal Government will pay it?
Major RIDINGs. No, sir.
Senator SCHWARTZ. What I had in mind was, there are instances
where they are very important--publie projects.
Major RIDINGS. 'Yes.
Senator SCHWARTZ. They are installed in one State and their use is
for an adjoining State. Who would protect that property, the Federal
Government or the adjoining State or the State where it happens to be?
Major RIDINGS. I would not like to make a specific statement on
that, and I will tell you why later. I would like to talk again about
those things that are Federal in character mid are vital to the na-
tional defense. We feel that the Army should have the major in-
terest in protecting those things. We want to protect them. I think
it, is necessary. There won't be as many of those as you would
think. Theret won't be the number that the Army protected( during
the last war.
Senator SCHWARTZ. Why?
Major RIDINGS. Because owing to the confusion, those things tlt
the Army, the Regular Army, l)rotected during the last war many
66 THI HOME GUARD
times were not Federal in character, were not vital to the national
defense, and they should not have been protected. We have an
agency set up to take care of them. Those are known as, the agency
or the instruments are military police battalions, zone of interior.
They will give a certain number to the corps area commanders and
the corps area commanders will use these military police battalions
to do it. We feel that those things not Federal in character and not
vital to the military effort should be protected by the States, and we
believe that the States, if urged to (to it and if given an agency which
can do it, will protect them.
Senator JOHNSON. Protected by the States in whose interest?
Major RIDINGS. In the interest of the State itself.
Senator JOHNSON. Only?
Major RIDINGS. Yes.
Senator JOHNSON. And no one else?
Major RIDINGS. No one else.
Senator JOHNSON. No bearing at all upon the welfare of the United
States?
Major RIDINGS. Well, it is for the welfare of the United States.
We wish in the War Department to help the States in the protection
of those things, to give them advice and help them with their plans,
and to give them a certain amount of equipment to use in protecting
the things.
Senator SCHWARTZ. Wouldn't you say that the water supply of a
large city was peculiarly, in time of war, a Federal expense--to take
care of it?
Pk Major RIDINGS. The Federal Government has a. large interest in
that; yes. There is hardly anything that you can think of that is not
connected intimately and closely.
Senator JOHNSON. Why (do you have two interests?
Major RIDINGS. I woul like to explain the way that we can do that.
They (1o it wholesale. They take it np with the corps area commander
and they tell him to protect those tIings in his corps area that are
Federal in character and vital to the national defense.
Senator MINTON. IS lie the judge of that?
Major RIDINGS. He is to a certain extent, subject to administrative
control from the War Department. We think that we can tell the
States that if the State cares to that "You should protect the things
in your State that are not Federal in character or vital to the national
defense"; that we can tell them to go to the corps area commander,
or the corps area commander could get together with them, and they
can work out a satisfactory defense of those installations within each
State. We have evidence of that. I don't know whether you gentle-
men know that or not, but in many States they have gone a long way
in the organization of what we call home guards, and things like that.
I was surprised so much talking to a gentleman from Missouri that
they had organized in a county in Missouri a company of what he
called home guards, that they had wanted it themselves, and they
would receive no pay, and lie said lie had very great hopes of the thing
working out in a very fine manner.
Senator JOHNSON. Were they set uip by authority of Missouri law?
Major RIDINGS. They were.
Senator JOHNSON. That is not the Vigilantes?
THE HOME GUARD 67
Major RIDINGS. Not at all. The head of the organization was the
attorney for the State highway commission. They were organized
under the Adjutant General of the State.
Senator JOHNSON. Are they connected in any way with the National
Guard?
Major RIDINGS. They are not connected with th, National Guard.
Senator JOHNSON. In any way?
Major RIDINGS. Not at all. They are on the statute books of
Missouri under a bill that is very similar to the one we have been
considering today.
Senator JOHNSON. Are they connected in any way with the organiza-
tion known as the State police?
Major RIDINGS. No; they are not, because, as I understand it-
Senator JOHNSON (interposing). Highway patrol?
Major RIDINGS. Not at all.
Senator JOHNSON. Do they have any authority over breaches of the
peace, such as strikes or labor disturbances?
Major RIDINGS. I couldn't answer that, but it is my impression they
have not.
Senator JOHNSON. Have they ever been used for any such purposes?
Major RIDINGS. I don't think so.
Senator SCHWARTZ. What can they be used for?
Major RIDINGS. They were organized with the idea of guarding
installations and institutions and things like that in the State of
Missouri.
Senator SCHWARTZ. Assuming some small State has a watercourse
and has to guard a reservoir which impounds its water for another
State, is the smaller State willing to take care of and police it and take
care of it, or is the cost chargeable to the Federal Government?
Major RIDINGS. I would hate to make a definite statement. I
think you will find a satisfactory solution of that thing worked out by
the corps area commander, who probably has both of those States in
his corps area, and that is the thing that he has long been working out,
is exactly what the corps area commander should take into considera-
tion. I would not be a bit surprised to see the corps area commander
protect himself, but we don't feel you can lay down a hard and fast
rule that would actually protect the water supply.
Senator SCHWARTZ. It doesn't say how that should be handled?
Major RIDINGS. No; but our instructions to our corps area com-
manders, as far as we can do that legally, now follow out exactly what
I have told you.
The CHAIRMAN. Is that how you say it was, both United States
guards and the State guard?
Major RIDINGS. We don't call them United States Guards, and we
have removed the figures that were in the organization of the United
States Guard. We have made them a part of the Regular Army,
and they are just like any body else.
The CHAIMAN. Military police in certain zones?
Major RIDINGS. Yes, military police battalion, zone of interior.
There is nothing in there about'it. We have the others, too, in our
mobilization tables.
Senator SCHWARTZ. All this goes to the same extent, the authority
of the State, to the Federal police force, or whatever you might call
them.
68 THE HOME GUARD
The CHAIRMAN. As far as the bill is concerned that has been intro-
duced, you have no control over what to do. The Governor can use
it for any purpose he wants to under this bill that I have introduced,
and I introduced it at the request of Governor O'Daniel, of Texas.
Senator SCHWARTZ. I wouhl like to ask if your bill permits the set-
ting ip of guards around any industry, particular industry, to be under
the control or further controls of industry.
Tihe CHAIRMAN. We wouldn't know what the Governor would do
with the Army under this bill. We wouldn't know what le would
(10 with it..
Senator JOHNSON. That is the trouble. Tnlder this act tle Gover-
nors of the States are going to set up with their authority ati organiza-
tion, a siiilnr organization to the vigilantes, tilld thev will be in
complete control of it.. It is proposed here that the Federal Govern-
meat give their assistance to such organizations, but the entire
authority rests with the Governor of the State, as I un(lerstn(lI the
bill.
The CHAIRMAN. That is true. Of course lie has to call on the
legislature to enact tile necessary laws to establish it.
Senator JOHNSON. Not in some States. Il some States the Gover-
nor- simply by proclamation can simply issue a proclamation to set
tip his vigilante organization, anti have the same authority from the
Federal Government for doing it which is supposed to be given to
them under this act.
Major RIDINGS. The States, under article 61, already have author-
ity to organize and maintain State police and constabulary.
"Senator
JOHNSON.
Yes; but does the Federal
Government
arm and
equip and provide uniforms for any of the police?
Major RIDINGS. Not at all.
Senator JOHNSON. But tile uniforms of the United States Govern-
ment and the Springfield rifles-offers them to them when they are
necessary.
Major RIDINGS. Not at all. The point is that. they already have
authority to organize certain bands. We believe it woull be better
if we could to a certain extent federalize them before assuming the
burden of administration. We don't want definite control but. we
can exert a certain amount of coordination that I think will make
them much better.
Senator SCHWARTZ. What do you mean by "federalize"?
Major RIDINGS. lie is made a regular meinber of tile United States
Army.
Senator SCHWARTZ. Or tile National Guard?
Major RIDINGS. The National Guard. It wouldn't hurt to feder-
alize the National Guard.
Senator SCHWARTZ. That would be fine if you make it a part of the
National Guard. As I understand this proposal, what the Federal
Government is doing is shirking in the exercise of administrative con-
trol over this vigilante army, but they are not shirking their respon-
sibility in regard to their actions.
Major RIDINGS. I can't quite agree with you there. The War
Department is trying to get away from assuming tile burden of
administering this" large body of civil troops. They feel that they
have enough to do if they get the Regular Establislnent in proper
THE HOME GUARD 69
shape. If they take this thing on it is going to be a big thing to
administer it from a central point.
Senator SCHWARTZ. They ought to cut loose their responsibility
there. They ought not to take a Federal responsibility without some
Federal control.
Major RIDINGS. They don't wish to assume any Federal respon-
sibility.
Senator JOHNSON. They certainly are assuming Federal responsi-
bility when they arm men and equip them with Federal uniforms.
Major RIDINGS. I don't believe I see your point there. They are
willing to turn over to the State, Governor of the State, a certain
amount of military equipment. That military equipment is limited.
As you probably know, we haven't got any more than we nee( today,
because a certain amount of it is obsolete now. As our equipment
problem gets better there will be more of the obsolescent. By giving
the State government a certain amount of arms and equipment don't
believe that they assume responsibility for the govermnent of those
forces.
Senator JOHNSON. If you transfer that equipment permanently to
the State, give it to the State as a grant and remove all Federal stamps
and identities of every kind from it, I think you are right, but if the
United States Government retains possession of the guns and posses-
sion of the uniforms and simply loans them to the State for the use of
these men, it does seem to me that the Federal Government retains
responsibility in the use of that equipment and in the use of the guns.
If you want to give it to the State outright and make an outright
grant, that might relieve you of the responsibility.
The CtHAIRMAN. Let me read at this point a letter from John L.
Lewis in whichl he throws out some suggestions [reading]:
I beg to call your attention to S. 4175 which is now pending before the Senate
Coinmiittee on 'Military Affairs. The bill purports to aniend section 61 of the
National Defense Act of June 3, 1916.
At the present time under the National Defense Act of June 3, 1916, no State
may maintain troops in time of peace other than is authorized in accordance
with the organization prescribed by Federal statutes relating to the National
Guard. S. 4175 would permit a State to organize and maintain military forces
other than the National Guard while any part of the National Guard of the State
concerned is in active service or during any national emergency declared by Con-
gress or the President. Furthermore, under this proposed amendmenilt the
Secretary of War, in his sole discretion, is authorized to issue for the use of such
State military units arms and equipment that may be in the possession of and
can be spared( by the War Department.
The bill, in effect, would permit the establishment in any State of military
forces during the special period therehi specified, without any statutory restrictions
as to the purposes for which such military forces may be used. In a(ldition, these
State miilltary forces could be established without any further legislative control
by the State or Federal governments through appropriations for the maintenance
of such military forces. The Secretary of War would have the authority to fully
equip or maintain the military forces independent of the Congress of tile Unitedt
States or the State legislatures which now have the sole authority to appropriate
funds
for the maintenance
of the National
Guard.
I understand the purpose of S. 4175 is to authorize the respective States to
establish a military force to take the place of the National Guard men who are
called into Federal service. I suggest that this result can be obtained by simply
authorizing the respective States to reestablish their National Guard units to
replace the men who were called to Federal service. This would subject the
newly created National Guard units as State military forces to all of tile Federal
and State statutes applicable to the National Guard.
The present bill might well permit the creation of State military forces which
would not be under any legislative control either from the State or the Federal
72
'HE HOME GUARD
Major RIDINGS. Yes, sir. I would like, if possible, a note or two
on the different ideas, if you woull.
The CHAIRMAN. One is the extension of the National Guard; another
is the idea of tile present bill.
Senator AUSTIN. I would suggest this: In the present bill on page 3
I suggest the consideration of words being inserted in that sentence
"That the organization by and maintenance within any State of
military forces other than National Guard is hereby authorized Nhile
any part of tile National Guard of the State concerned is in active Fed-
eral service or during any national emergency declared by Congress or
the President." I suggest something be added theretoin. tile nature
of a proviso that such organization shall be created and mnaintainedl
by legislative action-somiething of that kind-so that wve won't
have this special-
Senator JOHNSON (interposing). Be authorized by legislative action.
Senator AUSTIN. So that we won't have this special committee
placing in the hands of somebody an instrument of tyranny.
The CHAIRMAN. And the military police battalion idea, the one he
spoke about, interior zone.
Major RIDINGS. Yes, sir.
The CHAIRMAN. Mayor LaGuardia advanced the idea it ought to be
entirely under Federal'control. We would like to see a bill along that
line.
Major RIDINGS. There would be no further legislation except
increasing the strength of the Regular Army.
The CHAIRMAN. There is a law now permitting it.
Major RIDINGS. There is a law permitting the guarding of estab-
lishments that are Federal in character.
Senator MINTON. As I understand it, these Governors want some-
thing to say about the internal affairs.
The CHAIRMAN. I want a bill prepared for us along that line, to
have a bill in concrete form before us.
Senator GURNEY. As I understand, the President when he favored
the calling out of the Guard was very much in favor of the ex-service
men's organization taking over the home-guard duty.
The CHAIRMAN. And the Legion has prepared a plan now for volun-
teer service.
Senator GURNEY. We might have a suggestion from the major on
legalizing the ex-service men's organization. Senator Schwartz seemed
to fall in with that idea.
The CHAIRMAN. Well, do the best you can along that line.
TIlE HOME (jUARI)
WEDNESDAY, SEPTEMBER 25, 1940
UNITED STATES SENATE,
COMMITTEE ON MILITARY AFFAIRS,
WIashington, 1). C.
The committee met at 10 o'clock a. In., in the committee room in
the Capitol Building, Senator Morris Sheppard (choirinan) presiding.
Present: Senators Sheppard (chairman), Thomas of Utah, Miitoll,
Johnson of Colorado, Austin, Gurney, Thonms of Idaho.
The CHAIRMAN. The committee will come to order. We will con-
tillue tile hea rigs on the 11111 (efeilse bill. Will you state your
name to the reporter.
Mr. MILLER. 1larold Miller, Chicago, Ill. Oi June 21 tile organized
labor of the city of Chicago (ecided they wanted to become l)art of the
hoJilI defeiise )ill, 1111d We decided we would like to form a home guard
ill Chic.,go. I contacted Colonel Johnson, of tie Illinois militaryN area,
Regular Army, Sixth Corps, mid lie suggested that be thought such a
l)lan we'; very dvis'blh, aIlld that We should contact Colonel Platt,
who wits the'executive officer, l. W. A. I did so, and he contacted
IA. Col. C. i1. Williams, U. S. Army, retired, who wits secretary of the
Army, and Navy Club of Chicago, nd we, Colonel Williams an1d
myself, through some llmWW)0P.l'ir publicity, startled what was known
as the National Home Defense (um'rd, of men between the ages of 35
and 45 who were interested' in being )rep(l)ared for any emergency that
might arise where they could be of some Ill). We have been drilling
I night a wel'k. Each 1111111 is given it medical examination 111)(I is
finger riotedd, and each man h,.s been buying his own uniform, which
costs $5.75. In other words, nobody is receiving any coml)ensat.ion
whatsoever. We have lit the I)reseilt time 1,360 men and officers.
All the officers were former World War officers. Nobody is an officer
who lftsi't. liehi that rank during the World Wai'.
Our 1,300 men consist of business men, college professors, lawyers,
doctors, and 11en ill the laboring class. It has been the general
contention that suell a thing is necessary not. only in Chicago but
throughout the United States, )ut ill so having a home guard we feel
that it should be under Federal supervision rather thall State super-
vision, because of the fact that if it, is under State supervision it is
going to become a political football. We have had occasion to have
several objections ill the last few weeks. Governor Horner appointed
Gen. John B. Clinton, of the Illinois National Guard, retired, to form
four regiments of Illinois Militia when this National Guard moves out.
They claimed that we were military. We have never claimed we
have been n military organization. All we have said is that we were
a citizen organization, to be drawn oin whenever we were called upon.
General Clinton asked us to disband and we answered we wouhi not
74 THE IIOME GUARD
until we were so ordered by some more authority than General Clinton.
We have 1,300 men who are citizens of the United States, men who are
anxious to do something for this country of theirs, and being between
the ages of 35 and 45 they are out of the draft and not called upon to
have a part in any national defense. We have trained these men in
the last 8 weeks with infantry (frill. We have never used any arms
whatsoever. Every mail has just been trained and we have had
classes for noncommissioned officers and classes for enlisted men in
chemical warfare and rifle drill, and things of that sort. We have
had the unofficial cooperation of General Ford, of tme Sixth C.uips
Area, who has assisted us in every way lie could. We have had
different Army officers assigned to hel) us in our work, and we feel
that we have (lone a marvelous piece of work.
Senator AUSTIN. You mean you have lid officers of the Regular
Army assigned to vou?
Mr. MILLER. When they were off duty. They were asked to come
lip and assist us and they have been more than willing to come ip,
and numerous men, the Reserve officers, have been helping its in
our work.
Senator AUSTIN. Where have you been drilling?
Mr. MILLhir. We lhve been drilling in a field in the University of
Chicago.
Senator AUSTIN. How inany times a week?
Mr. MILLEr. One night a week.
Senator AUSTIN. And how long (d0 you drill?
Mr. MILLER. All of them.
Senator AUSTIN. Outdoors or indoors?
Mr. MILLER. We drill outdoors, and then we go inside if the field
is flooded.
Senator AUs'rN. Have you beem handling armnus?
Mr. M ILLER. No, sir.
Senator AUSTIN. Thus far you have done plhysical setting-up work?
Mr. MILLER. Tliat is right, sir.
Senator AUSTIN. Do yot do any marching?
Mr. MILLER. Yes, sir; we do.
Senator AUSTIN. Close order muarchinig?
Mr. MILLER. Yes, sit'.
Senator AUSTIN. Mie't any of those men ever ha1d military training
before?
Mr. MILLER. Yes, sit'. Seventy percent are Woril Warin' veterans.
Senator AUSTIN. Seventy?
Mr. MILLER. Seventy l)ercent arie World War veterans. I would
like to show you soinue pictures that were taken for the Chicago
Tribune a week ago Sunday at i1 review that we adINl which will show
you just one battalion in review that day [exhibiting photograplis to the
committee].
Senator GURNEY. Whllo are these men with Sam Brown belts on?
Mr. MILLER. They are supposed to be officers. That is the only
way we could designate them, by Sama Brown belts. Amid others ill
there have been World War veterans and served in time Regular Army
during the World War. Tihe average ago is 25 to 45.
Senator AUSTIN. How ol is the oldest?
Mr. MILLEIR. Our oldest mann in there would he a colonel, who is 60.
Senator AUSTIN. Sixty?
THE HOME GUARD 75
Mr. MILLER. Yes, sir.
Senator AUSTIN. Is this the colonel?
Mr. MILLER. No, sir. The colonel was in Washington at the time
that picture was taken.
The CHAIRMAN. I believe the colonel called on me.
Mr. MILLER. Yes, sir.
Senator THOMAS. Who is the officer with the uniform?
Mr. MILLER. That is Lieutenant Colonel Carter, United States
Army retired. He is on the active list at the present time We have
had marvelous cooperation from the American Legion, and every-
body has taken a general interest in it. We feel, gentlemen, that if
you are going to consider a home guard we believe it would be to the
best interest of everyone concerned that the home guard be put
under Federal jurisdiction and no one else.
The CHAIRMAN. What is the official name of the organization?
Mr. MILLER. We call ourselves the National Home Defense Guard,
a civilian organization.
The CHAIRMAN. Did your Tribune paper publicly extend beyond
the city of Chicago?
Mr. MILLER. We have been unable to go outside of the city of
Chicago, although we have received numerous communications from
all over the United States asking us how to get started.
The CHAIRMAN. Whom did you say you represented?
Mr. MILLER. I represent organized labor in Chicago.
The CHAIRMAN. Organized labor in Chicago?
Mr. MILLER. Yes, sir. I am secretary of the Furniture Workers'
Union of the American Federation of Labor.
The CHAIRMAN. What is your position in the organization?
Mr. MILLER. I happen to bo brigade adjutant.
Senator THoMfAS of Utah. You say you want this under Federal
control entirely. That means getting completely away from State
organization, and it would be a home guard, ir would be a Federal
home guard, which is so different from our militia and National
Guard organizations, and our local police organizations. Would you
want to go so far as to have a sort of adjunct of the Regular Army
with a bome guard status?
Mr. MILLER. I think, sir, that would be the proper set-up.
Senator THOMAS of Utah. With State jurisdiction in regard to
policing.
Mr. MILLER. So far as policing, if the time ever came.
Senator THOMAS of Utah. I mean military policing.
Mr. MILLER. They have to go to the State jurisdiction because after
all the State is interested in the younger men, and I am talking about
men 35 to 45, and even men 35 to 50 who are not in any part of the
national defense at the present time.
Senator THOMAS of Utah. Under the act, which will soon be oper-
ating, men go into the Reserves and they go out of the Reserves as
they are constituted. Some of those Reserves are completely under
Federal control, others under Federal and State control. This would
be an entirely different and new thing because it will be made up of
men who (ii(i't come out of the source of the draft act, and so forth.
Mr. MILLER. Right, i)ut not looking at it from the way we look at
it. We are taking men 36 years old who are not included in the draft
and men who have had no experience as far as military experience is
76 THE HOME GUARD
concerned, men who between the ages of 35 and 50 that would be of
more help to the Government in an emergency than the home militia,
than the Illinois militia would be, because after all their duty is, the
Reserve Militia in the State, is under the State, to take care of riots,
trikes, and so forth. Everyone would be used for Federal duty to
take care of Federal property. They woull take charge anl guard
over plants that would be under Federal jurisdiction in the mnanufac-
ture of material. They woulh have more of a share than the Reserve
Militia of any State would have because after all if something breaks
out in the State, any strike or riot, breaks out, they are going to use
the Reserve Militia-will be used for that one purpose.
Senator THOMAS of Utah. You woUl(l need your men to guard tile
Federal buildings in Chicago?
Mr. MILLER. That is right, and in tile event a riot should break out
they could be used for that purpose, to guarl Federal property, which
I thiink would be more advantageous to the Government than having
them not under any movement at all.
Senator THO.MIAS of Utah. Any strike in interstate commerce, on
the railroads, and things of that kind, they could use them there.
Mr. MILLER. If there is a Federal l)rovision somewhere we vould;
yes, sir.
Senator THOMAS (of Utah). Say, in Cleveland or Chicago when a
great railroad strike was on, to protect the mails the President of the
United States could call them.
Mr. MILLER. That is right.
Senator THOMAS (of Utah). To see that the mails go through.
Mr. MILLER. That is right. And we feel that such an organization
shoul(d be part of time Federal Government and not tile State.
Senator JOHNSON. How does your plan (liffer from the plan usel
during the World War in the use of United States Guards? How does
your plan (liffer from the United States Guards?
Mr. MILLER. To be perfectly frank, I can't recall tile United States
Guards.
Senator JOHNSON. We had an Army officer before this committee
a short time ago and he told us about the United States Guards. They
were a part of the Regular United States Army. They had no coni-
nection with the State whatsoever.
Mr. MILLER. No, sir. I only recall, I know there is an outfit in
Chicago. They sell their lieutenants for so much. If you want to
be a colonel you pay so much for your commission. I understand it
is being investigated at the l)resent time.
The CHAIRMAN. All right. Thank you very much.
Mr. MILLER. Thank you very kindly.
The CHAIRMAN. The committee will resume discussion of the
home defense legislation. Major Ridings, will you procced?
STATEMENT OF MAJ. E. W. RIDINGS
Major RIDINGS. When I left last Friday you indicated that you
wished me to return with several bills embodying the general ideas
that have been advanced on this subject of home guards or home
defense.
Those bills fall into three general classes: First, a Federal force
actually making a fourth component to the Army; second, which we
THE 1OME GUAR) 77
cannot call a bill but is an idea, and that is, the expansion of tl
National Guard to take up home guards; third, the bill that the War
I)epartmnent has approved vhieh placed the control of State guards
with the States.
Tie CHAIRMAN. State troops?
Major RImNGS. Yes, sir; now it was also indicated that if possible
you wished to work in the veterans of the last war.
The bill that I prepared is very similar to three bills that have been
introduced in the House and in the Senate. The chamiges in it were
minor in character. I have a CO)y of this. If you would like to have
me pass it around I will be glad to" )ass it.
The CHAIRMAN. Certainly; certainly.
(The proposed bill follows:)
A BILL 'To istialtsh as a reserve component of the Army of the United States a Home Defense Force
lie it enacted by the Senath and House of Represedativs of the United tah's of
America in Congress assembled, That section 1 of the National Defense Act, as
amended, is amended to read as follows:
"SECTION 1. That the Army of the United States shall consist of the Regular
Army, the National Guard of the United States, the National Guard while in the
service of the United States, the Officers' Reserve Corps, the Organized Reserves,
the Enlisted Reserve Corps, and the Home defensee Force."
SEC. 2. Section 55 of the National Defense Act is amended by adding at the
end thereof the following:
"SE'. 55l. HoME l)EFE.xsE Fonvei.-(I) The President is authorized and
directed to establish a Hiome )efense Force, which shall he an additional reserve
component of the Army and shall consist of such number of officers and men (not
exceeding one million) over the age of thirty-five years who voluntarily accept
allointments or enlist therein. In making such appointments and elistments
preference shall, insofar as may be practicable, be given to veterans and other
persons having prior military training. The President may also assign such
personnel of the Army of the United States who are in active Federal military
service for duty with or for training of the Home Defense Force.
"(2) All policies affecting the organization, distribution, apl)oiltlnllt, and
promotion in, training of, assignment to, and discharge from, the Home Defense
Force shall be Irepared by committees of appropriate braniehes or divisions of the
War Department General Staff, to which shall be added the necessary number (f
officers from the Home Defense Force.
"SEt'. 55e. ORGANIZ.ATION OF HOME DEFENsE FoaiC.--(l) The Holne I)efence
Force shall have corps areas coextensive with the corps areas of the Regular Army,
and such corps areas shall be commanded by the commanding officers of the respc-
tive corps areas of the Regular Army. The Secretary of War tay assign such
miumber of officers from the personnel of the Home l)cfemse Force as lie may dceli
necessary to assist in such comimIanld and to establish and maintain liaison within
the corps areas.
"(2) In each Home Defense Corps Area there shall be such number of Home
Defense departimeits as the Secretary of War deems necessary to facilitate admil is-
tration and tactical control. The Home Defense departlnnts shall be contman(led
by an officer or officers from the persomel of the Home Defense Force.
"(3) It each Home Defense departmentt there shall be such local Homlle )cfense
districts as may be necessary. In each such district there shall ibe a Home l)e-
felnse imit composed of stich numbers of officers and iten voluntarily enlisting
therein, organized in such manner, as the Secretary of War may prescribe.
"SFC. 55f. DUTIES OF HoMe )EIiNsE FoitCE.-The llomne 1)efense Force
shall, muder the direction of the Secretary of War, through the organization herein
provided for-
-(I) become fully informed of all strategic points within their respective Home
)efense districts, suclh as oil and gas supplies, waterworks, manufacturing estab-
lishments, bridges, docks, airports, tunnels, and be prel)ared to protect and
defend such points from sabotage and enemy infiltration in time of itationalt
emer.eney;
"(2) become fully informed of all roads, trails, railroads, and other lines of
communication within their respective lome Defense districts;
264985-40- 6
78 THE HOMI GUARI)
1(3) become fully informed of the topography of their respective Hloie De-
fense districts together with the significance thereof in relation to military tactics;
"(4) provide for and assist in the hospitalization and evacuation of civilian
population in their resl)ective Home Defense districts in tine of national cmer-
gency,
-(5) cooperate with the Intelligence section of the Army;
"(6) prepare itself to assune duties in connection with tihe conscription of man-
power in tine of national emergency;
-(7) train and arn a sufficient force to act in emergency to defend against, aiiy
Ipreliminary enemy activity; and
"(8) perform such othc duties in connection with home defense and to coop-
erate with other components of the Army in such manner and furnish such
information with respect to their respective Home Defense districts, as the
Secretary of War may prescribe.
"SECt. 55g. ACTIVE SERVICEE OF HOME DEFENSE FomicE.-M icmrs of the Home
Defense Force may be called to active service only in time of national emergency
declared by Congress or by tile President pursuant to law, Iiut shall at other
times regularly engage in such drills and training for such periods (not exceeding
8 hours per month) as may be prescribed. Members thereof may also he called
for not exceeding 15 (lays in any year for practice coordination with maneuvers
of the Army, which for the purposes of pay and allowances shall be deemed
active Federal service. While in active Federal service, the Home Defense Force
shall receive the sane pay and allowances as personnel of equal rank in the
reserve components of the Army.
"SeC. 5511. SURPLUS ARMY EQUIPAIENT.-The Secretary of War is authorized
to furnish time local Home Defense units with such surplus arms, amnumlnition,
equipment, natriel, and other supplies, as may he required for the training and
drilling and use of such units or in tIme performance of their duties.
"SEC. 55i. ENLISTMENT NOT TO EXEMPT FROM CONsCramTmo.-Elllistiment by
any person in time Home Defense Force shall not be deemed to exempt such per-
son from conscription for or assignment to service in any other branch of tile
Army or Navy.
"SEC. 55j. PENSIONS, BOUNTIES, BONUSES, AND so ForTs.-Menibers of tile
Home Defense Force shall by reason of active military service therein be entitled
to any pension, bounty, bonus, gratuity, or hospitalization, as may be authorized
by law for members of the other reserve components of the Army, of the United
States.
The (HAIRIMtAN. Proceed, Major.
Major RIDINGS. Now this bill provides for a fourth component to
the Army of the United States. It places the entire burden of State
guards on the War Department.
It provides
for the organization
and operation
of State guards
from
the War Department, for their equipment.
It, provides that veterans will be given preference in enlistment of the
home guards.
Tie CHAIRMAN. Veterans of former wars?
Major RIDINGS. Yes, sitr.
The CHAIRMAN. Put that in the plural. The veterans of the
Spanish-American War might be eligible.
Major RIDINGS. Now practically all of those things it provides for,
the War Department doesn't approve of, for these reasons.
I wrote the bill simply as a basis for discussion. It does illustrate
the idea of centralized control.
First, it adds another component to the Army and will further
complicate our national defense organization. It will lint tin addi-
tional load on the personnel.
Senator JOHNSON. Complicate or comp lenient?
Major RIDINGS. Compicate-
Senator JOHNSON. You say complicate but I say complement.
THE HOME GUARD 79
Major RIDINGS (continuing). Our national defense organization.
It will put an additional load on the personnel and on the supply of
the Army.
It places on the Secretary of War responsibilities which we believe
are incnubent upon the States and local and municipal authorities.
it will cost the Federal Government a large amount of money.
Senator THOIAS of Idaho. How large?
lajor RtIDING.. The question of how large wasn't worked out.
It will depend on the size of the forces and many things which we
didn't have time to go into.
Senator Toi.ks of Ialio. I set,.
Senator JOHNSON of Colorado. Well in that connection 1 light say
that 'Mayor LaGuardia when he ap)Jpeared before this committee
stated that there wasn't a State in the Union that could bear this
expense and he advocated this very thing that this bill does, in his
testimony here, and lie said no State could stand that expense.
Major Ri)J (Is. Senator, I am familiar with his testimony on that.
I think that Mayor laGuardia overestimated the nnber of State
guards that, would be necessary. I don't believe that the number nor
the finance that was given to them would h~e at all the amount that
Mayor LaGuardia thinks it would be. 1 admit that New York
would have probably by far the largest expense of any State.
Senator JoHNSON. Tell thousand men I understand; that they are
required under their laws to have.
Major RItDNums. I haven't studied the inmber of teln that New
York should have but it seems to ine that that is a very large amount.
Senator Joun.sox. \Vell, I didn't want to imterje't anyttning but I
thought right it that point of 'oZt tht his testimony shou
l
d be called
to mnind.
The Cn V.x. \e:y well. Proceed, Major.
Majo 01-i]IN"S. here is a further point which is a very large point
with us.
There is a large question of law mixed u
I )
in the use of these Fedeiral
forces to police a State. I am not a lawyer and what I would say
about it would be of it woiti l)ut I do know there would be quite a
complication.
Now I have Colonel blewellyn here froin our Judge Advocate Gen-
eral's Department'and any (uestis ., you would like to aisk him on that
I think he can give you a good o)Jllinioi.
The CHAIRMAN.. Well, let us have his opinion, right at this point.
STATEMENT OF COL. FRED W. LLEWELLYN, CHIEF, MILITARY
AFFAIRS SECTION, JUDGE ADVOCATE GENERAL'S OFFICE, WAR
DEPARTMENT
Colonel LI WELLYN. Well, funtaientally, of course, the actual
responsibility of preservation of law and order within the States is one
that belongs to the States, and the Federal (Government intervenes
with military forces only under certain authorizations that have been
enacted by the Congi'es s ii certiiin situations.
Now, as I understand it, the War Department's position with regard
to this proposal is that it would disturb the normal balance between
80 THE 1ieME GUARD
the responsibilities of Federal Government oil the one side and the
States oil the other to create a component of the Army and require
the Federal Government to assume responsibility for maintaining law
and or(er within the States generally, as contemplated by this bill.
And that strikes me personally as a 'very sound position.
Senator AUSTIN. Colonel, can I ask you a question at that point?
Colonel ILEWELLYN. Yes, sir.
Senator AUSTIN. I agree with you and I just want to make it more
emphatic, by calling attention to a specific occurrence. I can't give
the exact date but my impression is 1772-it is between 1772 and
1775 tlt the people of the then New York Colony regarded the acts
of the Green Mountain people in trying to (iefend their homes from
ejectment suits brought in the Province of New York, as riotous con-
duct and they stirred up enough of a row over it so that the Federal
Government, that is, the Confederacy, threatened to send up troops,
Continental troops, to police the State of Vermont, and our people
made a great issue of it and based their right curiously enough upon
their liberties as English citizens under the British Constitution anti,
just as a fundamental proposition, they asserted that if that was
attenmted-Ethan Allen said, in their picturesque way, "Let them
come. We Will. just show theni the dexterityy of our regiment."
They had their regiment called the Green Mountain Boys and they
policed their own State and they resented an attempt to come in there
from outside with troops and establish order or maintain orier by
troops from elsewhere than the State of Vermont.
There was an application, a very early one, of the theory that you
are speaking of.
Senator JOHNsON. I think that is a very good point Senator Austin
has illustrated here by that historic example, and for that reason, I
am wondering why the War Department is so reluctant to ado)t the
suggestion that this effort be made in expansion or extension of the
National Guard.
Now the National Guard is a formula that has leen worked out
over a long period of time through long and varied experiences
between tile Federal Government and the States and it is a formula
that is very satisfactory to the States and to the Federal Government
of handling the matter between the States and the Federal Govern-
ment insofar as armies are concerned and it seems to me that we
ought to adhere to that )rinciple that has been worked out and has
been found so satisfactory, and not go off and organize another
branch of the Army or drop into any vigilante program; that we ought
to adhere to the forml'la that has been worked out for the operation
of the National Guard between the Federal Government and the
States.
Did you work out a bill along that line at all?
Major RIDINGS. There is no bill necessary to expand the National
Guar(I to take care of this. However, the War Department does not
favor it anti the National Guard, although I am not speaking for
them but I Pttended a meeting of their adjutant generals of the
States yesterday, in which those that were vocal said they didn't
favor it, they didn't like it, for this reason: It coml)licates the National
Guard, it adds to the War Department. The National Guard being
part of the Army it simply adds another component to the National
TlE, HOME GUARD 81
Guard. You actually get your fourth component in the Army there.
You get an A guard, you might call it, and a B guard, and this B
guard is simply another appendix that you hang on to the Army.
We will still administer it and still have it before us as something
that will complicate our efforts for national defense.
Senator AUSTIN. You will find it easier to separate Federal func-
tions from State functions and vice versa if you don't get into the
National Guard with this home defensee thing, will you not?
Major RIDINGS. Exactly, sir.
Senator AUSTIN. With our set-up, the National Guard being ordered
into active service under the recent statutes, that, is, the National
Guard of the United States being so ordered, it would be a little bit
difficult to separate what is Federal activity from what is State
activity in home defense if you had the home defense articulated with
that organization.
Senator JOHNSON. Well, you would have the same difficulty in
organizing a vigilante group in the States.
Senator AUSTIN. It isn't vigilante. Nobody proposed that.
Senator JOHNSON. Well, vigilante statutes.
Senator AUSTIN. No; not at all.
Senator JOHNSON. It is if the States don't pay it and the Federal
Government does not pay it and nobody pays it.
Senator AUSTIN. Well, the bill we have before us doesn't suggest
that.
Senator JOHNSON. The original bill may not suggest it, but the
national operation of it will be just exactly that.
Senator AUSTIN. The bill accommodates the Constitution really.
It amounts to nothing more than waiver of that l)rovision against
foreign troops.
Senator JOHNSON. Yes, and that is exactly where you authorize
your vigilante.
The CHAIRMAN. Does our' bill use the word "maintain"?
Senator AUSTIN. Yes. No State shall maintain troops.
The CHAIRMAN. I mean the bill I proposed.
Senator AUSTIN. Yes.
No State shall maintain troops in time of peace other than is authorized in
accordance with the organization prescribed under this Act: Provided, That
nothing contained in this Act shall be construed as limiting the rights of the
States and Territories in the use of the National Guard within their respective
borders in time of peace: Provided further, That nothing contained in this Act
shall prevent the organization and maintenance of State police or constabulary:
Provided further, That the organization by and maintenance within any State of
military forces other than National Guarl is hereby authorized while anty part of
the National Guard of the State concerned is in active Federal service or during
any national emergency declared by Congress or the President; however, no person
shall, by reason of his mneml.ershi) in any such unit, be exempted from military
service under any Federal law: And provided.further, That the Secretary of War
in his discretion ad under regulations determined by him, is authorized to issue,
from time to time, for t.e use of such military units, to any State, upon requisition
of the Governor thereof, such arms and equipment as may be in possession of and
can he spared by the War department .
Now I thought when we talked this over at the last meeting that
there were fears expressed by Mr. Lewis of the C. I. 0. which still be
entirely met if there were words put in here that indicated that this
dealt with the organization and maintenance by virtue of laws of the
States passed by their respective general assemblies.
82
THIP HOME GUARD
That is the only reason I would suggest such a thing, merely to
meet that fear.
The CHAIRMAN. Senator Johnson expressed that apprehension also.
Senator AUSTIN. I see no need for it.
Senator THOMAS Of Utah. Mr. Chairman, I think this whole ques-
tion of home guard came into the picture because of faulty administra-
tion.
Now a National Guard officer and a National Guard member has a
dual capacity. Ile owes two allegiances, one to his State, one to his
Nation.
The Nation may take it all at a given time, the State may take it all
at a given time.
Now of course you get into the picture of what a man wants to do,
the minute you set up these dual capacities. And most of the National
Guard officers would rather be Regular Army officers all the time.
They would like to go in as a whole unit into the Army and just
simply be the second line of defense and forget about State duties.
Nowv had the War Department in administering this act and in
administering the National Guard Act just been a little bit wise, can
I say without offending anybody, and said that at no time would any
State be stripped completelv of its National Guard-there are some
States in which you can call out every member of the National Guard
and it will not affect the safety of the State one whit. There are
other States where ininediately people are fearful that they need
their National Guard.
Now why strip a State at any given time unless it is absolutely
essential?
Well, the answer is that you had organized in such a way that we
only want to go in umits, to preserve, of course, the senior comnmands
andthe training. But those units can be divided up among States.
There is no reason why a unit must be all in one State or a division all
in one State.
So that in the calling of these people, for instance, if you just simply
make a rule in the back of your head that at no time would we strip
New York State of all of its State troops )ut we will always leave a
reserve there of 10,000 men, if that is what they need, and we will call
the others as time comes.
Even in the smaller States you have units that are not all articulated
with a given command. Some go southwest for their training, some
go southeast for their training.
If for instance the. War Department would go to work on this prob-
lem and allow the National Guard to expand into the present emer-
gency and see to it that there will always be preserved to the State
that protection that is needed and call the men-and call the units at
different times for training so that other units will come back, you
enlarge the morale of the National Guard, you increase its usefulness
and you would give it the training without carrying away all the unit
this year and then have them comoe back and become stagnant in the
course of a little while.
You take all of Utah this year, it has one big boom year, then it
comes back and it settles (Iown but if you take one regiment from
Utah this year and another regiment from Utah next year, have the
hospital company this year or whatever it is, and keep that thing
THE IIOME GUARD 83
continuous, why, no government woUld worry about not having its
military unit, it will be there and you have this continuous freshening
of new people and new morale and new training which will make the
National Guard as strong as your Regular Army in doing that.
I can't understand why the minute the National Guard is called
in, we have to set up another component and home guard.
The CHAIRMAN. That is what the Governor of New York has asked
us to do.
Senator Ttmom.As of Utah. If the Governor of New York had been
told by the War Department that he isn't going to be stripped of his
troops.
TheCHAIRMAN. How are you going to train them?
Senator Tioxm'As of Utah. You can't train them all at once.
Time CHAIRMAN. Our bill only conteml)lates 1 year.
Senator THoMAS of Utah. I know, 1 year's training, but that doesn't
mean by the complete National Guard.
The CHAIRMAN. They are supposed to be all out by January.
Senator THOMAS of Utah. Well, they won't be all out by January.
The CHAIRMAN. Well, February.
Senator THOMAS of Utah. Mell, if they are all out, you will have
some ready to come back and you will have the nucleus of those that
are not there.
Senator AUSTIN. Must we exl)and that. now?
Senator THOMAS of Utah. I don't see how you can avoid doing it.
In the World War it ran just as naturally as it could run along.
Senator AUSTIN. That lasted more than a year.
Senator THOMAS of Utah. Well, your National Guard Act will last
more than a year.
Senator JOHNSON. Oh, yes. You aren't confined to one calendar
year in the National Guard Act. It is a year of training but that
year can be had in 1942 or 1943 or 1941.
Senator AUSTIN. I thought the plan was to have them all out by
January, isn't it, Colonel?
Colonel WATTS. The original plan was to have them all out by
December.
Senator JOHNSON. It isn't in the law though.
Senator THOMAS of Utah. Don't you see what we are doing, Senator
Sheppard? If it stops at 1942 then we are calling into an emergency
a hone guard proposition that. we have to train and build up and wheni
1942 comes, why, that is over with. Of course by that, time you will
have the trainees from the other organization.
The CHAIRMAN. We might enact an additional law to take the place
of this so-called home defense legislation, making provision for what
you say.
Senator THoM.%s of Utah. Though I should think that if the War
Department would make it. certain
The CHAIRMAN. But the National Guard itself objects.
Senator THOMAS of Utah. Yes; that is what I say. The National
Guard association spends all its time and all its energy being the first
anld not time second line of defense for the United States. And when
the State wants them they look at that service in a secondary fashion.
It isn't the highbrow service they get. with the Nation. You can't
blame them for that.. We all like to go up instead of doing the other
84 THE HOME GUARD
thing. But the National Guard nevertheless has a dual obligation and
it has to respect the command of tle Governor.
Now all the War Department has to do is say, we won't strip the
State.
The CIIAIRI.AN. In other words, we will force this on the National
Gua rd?
Senator TiiOMAS of Utah. No, I wouldn't force it. They will all
get training in tinie.
Tile CHAIRMN. But. he just told us the National Guard doesn't
want this distinction put on.
Senator JOHNSON. If they say that I am surprised but if their
association opposes it we want to know it. But I would like to hear
General Reckord come in and say they were going to shirk their duties
to the States.
The CHAIR.MAN. If they are going to be trained in 2 years why did
we allow it? You are going to call them all out in one, although the
law allows two for it. As I understand the War Department has
ordered them all out by January or February.
Senator TiiOMAS of Utah. Well I think that is the idea. I think
that is bad administration.
I think the War Department can stand my criticism because they
(10 it every (lay.
Colonel WATTS. The idea was to train as quickly as possible.
The CHAIRMAN. Oh, yes. Can you gentlemen comment now after
you have heard what we have said?
Colonel LLEWELLYN. There is one point I would like to make with
regard to tile National Guard solution, I would call it, of this home
defensee problem. The War department is opposed to it for the
reasons given by Major Ridings but I believe tile strongest opposition
to that propose(l solution came from the States and the reason is that
they want to use in their home defense forces people who will be
perhaps the third and fourth (eferre(d classes unler the conscril)tive
service, people who are, not going to be called into military service
even in tile event of a Wiar, eXCel)t as a last extremity.
The CHAIRMAN. In the event of war, Senator, we knight have to strip
tile States.
Senator ThOMAS of Utah. That might be so but even in wartime be-
fore we did not strip tile States. And I don't think we will now be-
cause you will treat these National Guard men as individuals and there
will always be a nucleus.
The CHAIRMAN. I thought we took them all into Federal service.
Colonel LLEWELLYN. Isn't it true that in every great emergency
calling for general mobilization that you need every man that the
States can produce in the status of a National Guard man, and more,
of course? Therefore you couldn't give the States any assurance
that they coulh keep any part of their National Guard for any definite
period.
Senator JOHNSON. Tile qualifications are not tie same.
Senator THOMAS of Utah. You have in the States the National
Guard Reserve just as you have the regular Guard Reserve. There
is an inactive list, of National Guard. They owe an obligation.
Hasn't it dawned on someone that these men call be called to these
things and be brought back and units expanded?
THE tOME GUARD 85
Colonel LLEWELLYN. My understanding is they are negligible in
numbers and while they might be used in national-(lefense forces they
wouldn't be sufficient to constitute one in any case.
Senator THOMAS of Utah. When your National Guard unit went
into the war as a National Guard unit it was completely federalized.
When they came out those men were given State privileges, they were
given certificates from their Governors the same as from the National
Government, and almost invariably they were placed in the National
Guard Reserves.
Senator JOHNSON. 'Mr. Chairman, in my own State the National
Guard has been ordered out and according to newspaper reports and
news items in many instances half of the companies were not eligible
to enter Federal service for one reason or another, they lad dependents
or something of that kind, and so they remained at home and new
recruits were brought in to take their places. And I think that is
probably true the country over.
So that lalf of the National Guard of the State of Colorado while
they would be eligible for service continuously in the National Guard,
wold not be eligible to enter the Federal service And I think that
is true in every State.
Senator THoMAs of Utah. That was true in 1917.
Major RIDINcS. I can give you some figures on that. There are
many States that. didn't want to organize additional National Guard
units. That list included Massachusetts, Connecticut, Pennsylvania,
Illinois, Maryland, Michigan, New Hampshire, New Mexico, (eorgia,
North Carolina, Rhode Island, West Virginia, Wisconsin.
Senator THOMAS of Utah. You mean they didn't. want to now?
Major RIDINGS. They did not duringg the last war.
And some States provided additional National Guard units as well
as State guards. Those were:
Arkansas, California, Florida, Indiana, Kansas, Minnesota, New
Jersey, New York, Ohio, South Carolina, Vermont, Virginia, Wash-
ington.
Some States seem to not care for the National Guard idea and con-
sequently did not form these units.
Senator THOMAS of Utah. You had some States in 1917, I think,
that didn't even have a National Guard, didn't you?
Major RIDINGS. I am not certain of that.
Senator JOHNSON. There is more favor in the States to the National
Guard Act than there wits in 1920. That is ancient history.
Senator THOi. s of Utah. Then you have this Reserve business
working.
Major RIDINGS. There is one thing I would like to get, my statement
straight On in regard to the feeling in the National Guard. I cannot
speak for them. I attended their meeting yesterday morning and
those that were vocal, that had anything to say about. it, were in favor
of a State guard run by the State and not Feleral.
Senator AUSTIN. Wflat is your opinion of (Inactiing a statute-well,
this very statute with another proviso in it and that is, that the men
eligible for this guard shall be above a certain age, so that it will
clearly separate them from the classes who are eligible to be National
Gxuarhnen?
Senator JOHNSON. The trouble with that is there are some other
qualifications other tian age. As I say, in Colorado many of the
86
THE HOME GUARD
guardmen were not eligible for Federal service, for many different
causes, other than age. And they would like to stay in the National
Guard.
Senator AUSTIN. Did you notice I asked a question that woulh
identify this unit from the National Guard.
Senttor JOHNSON. Separate it entirely.
Senator AUSTIN. Separate it entirely.
Senator JOHNSON. Well of course I don't want to (10 that.
Senator AUSTIN. I don't quite see the possibility of having a home
guard that is a part of the National Guard. There are )erhiaps
adventitious reasons for it but I think they exist, emotional ones,
matters of pride, things that really make up the esprit (te corps.
Now we want to preserve the spirit of the National Guard. And
we don't want to break (town the Federal character of the National
Guard of the United States. And I am just feeling around to see if
there isn't some way to satisfy these peculiar fears that have been
exhibited here and create a unit that there won't anybody be afraid of.
Major RIDINGS. Senator, I remembered what you sail last meeting
time and I have prepared a bill here that I think might (1o what you
wish.
Now in that bill I have taken your S. 4175 as is and put three things
in.
The CHAIRMAN. HlOW is that?
Major RIDINGS. I have taken 4175 as it is.
Senator JOHNSON. As amended or as it originally was?
Major RIDINGS. As amended. And put three things in it.
Two of those things I considered unnecessary but they will allay
the fears of some people.
The first thing I put in there, page 3, line 1, after the word "Further,"
"that under such regulations as the Secretary of War may )rescribe."
Now that was purposely left very broad and was put in to give some
administrative control to the State guards.
Colonel LLEWLLYN. You mean sonic administrative control on the
part of the Secretary of War over the State guards?
Major RIDINGS. Yes. Some Federal administration give control
which many people seem to feel was needed.
The CHAIRMAN. "That under such regulations as the Secretary of
War may prescribe, the organization and so forth."
Major RIDINGS. Yes.
Senator JO NSON. Then, it is added after the word "that."
The CHAIRMAN. Yes; really it comes after the word "that."
SEnator JOHNSON. "Secretary of War may prescribe, the organiza-
tion by and maintenance within, and so forth."
The CHAIRMAN. That is all right. We understand that.
Major RIDINGS. Next was to bring some legislative sanction into
this as Senator Austin indicated and that might allay the fear of
some.
Senator JOHNSON. Where did you put that in?
Major RIDINGS. Line 2 after "Guard" in "National Guard," next
to the last word.
Senator GURNEY. You have a different bill than I do.
Senator JOHNSON. No; lie has the same bill.
Senator GURNEY. Oh, I see.
Senator JOHNSON. Go ahead.
THE HOME GUARD 87
Major RIDINGS. "As may be provided by the laws of such States."
The CHAIRMAN. What line?
Major RIDINGS. Line 2. To follow "Guard."
Senator JOHNSON. Read that slowly nowv.
Major RIDINGS. "As may be provided by the laws of such States."
Theo next, on line 6, after "President"-part of "President" is onl
the fifth line. "P-rovided furt her, That such forces shall not be called,
ordered, or in any manner drafted, as such, into the military services
of the United States except when expressly authorized by Congress."
Senator AUSTIN. Whift made them put that exception on?
Major RIDINGS. Because Congress cbuld do it anyway. That is,
I (lontr believe you could bind future Congresses or future actions of
Congress by putting in this-they could never be drafted.
Senator JOHNSON. Why was that whole Provision put in?
Major RIDINGS. That again I consider unnecessary.
Senator JOHNSON. I certainly agree with you.
Major RIDIN S. It would calm the fears.
Senator JOHNSON. I don't think it helps anything.
Colonel LLEWELLYN. It is put in to meet the ideas of tile States
who oppose the National Guard idea. They want assurance that these
meni in lIome Defense Forces will not be caled into Federal service.
Senator AUSTIN. The whole bill is temporary, don't you see? This
part of it says:
Provided further, That the organization or maintenance by any State of military
forces olher than National Guard is hereby authorized while any part of the
National Guard of the State concerned is in active Federal service.
That is the theory of the law.
The CHAIRMAN. And down further it says:
However, no person shall, by reason of his inembershlip in any such unit, be
exempted from military service under any Federal law.
Senator JOHNSON. I was quite impressed by what Senator Thomas
had to say in regard to the matter of the National Guard, but now the
bill specifically says that. if any part of the National Guard is called
out they may bring in this other army, just the contrary to the sug-
gestion advanced by Senator Thomas
The CHAIRMAN. Colonel Watts has telephoned the War Depart-
ment and they say there is no National Guard reserve.
Senator THOMAS of Utah. No National Guard of the United States
but National Guard reserve of the various States.
Colonel WATTS. No; they say therei s no National Guard reserve
within the several States.
Senator JOHNSON. What is the iniatctive list, theti, Colonel? Just
what they call the inactive National Guard, those who for various
reasons leave the active guard and go into the inactive National
Guard, business reasons, perhaps health. Isn't that the same as
limited service?
Colonel WAr,rs. No. All of the inactive guard now has been
inducted into the active guard and will go out in tile Federal service.
There will be no inactive guard in the several States, nor will there
be aiiy reserve of National Guard.
Seniator THoMAS of Utah. Well, Colonel, aill the War Department
says is just so many vords, because the Constitution says thlat every
able-bodied person between 18 and 45 belongs, and I have an inactive
88
'TJili' 1oM10, GuARD
commission myself front tile Stale of Utah, and while the Federal
Government doesn't recognize those things, vet the men who serve
their States are treated pretty decently by their States in the ame
way as the men who serve the, Nation.' And while vou haven't any-
thing in the National Defense Act, anything limiting that, yolu have
48 different State- operating their military in the way those 48 (hf-
ferient States want to operate them.
Colonel WATTS. We have in the act at limitation of -180,000 btut
because of limited funds the guard hasl been limited to 250,000.
Senator ThoMas of Utah. Well, expand that guard and you have
everything every Governor ever vant,,d.
Colol AW.%r'rs. Congress hasn't seen fit to provide the fumids.
Senator TaomAs of Utah. Congress would have to provide the
funds fr those, wouldn't they?
Colonel VATrs. For arms andl equi)ment.
Senator T'oM.s of Utah. Of course.
Senator JOIINSON. We are S)ending $1(,000,000,000 now and if we
can't spend a few thousand dollars to do it job that is worth doing -it,
ought to be well done.
Senator Tmiom.\s of Utah. I think it is worth preserving, the
scheme of the national defense thing and if you have got a provision
already in law that you can have 480,000 National Guard I think it is
very i;mich better for all concerned that you expand along tile lines in
which the country has been growing and not bring into existence
another component which is going to complicate things. But what it
will brim., rbout is this, the men who are in the National Gtuard todtv
will thi, k of themselves entirely as being the second line of defensee of
the United States and the home g(ird will become yoai' State orgaili-
zati'n.
The Ca.AIIIMAN. [he time may coie when we will edo- that 4"30,000.
So- aor THOM \s of Utah. We nay need every able-bodied man
from the age of IS to 45, and you can have them when you need them;
but you don't want to ul)set )y ineumbrances of various kinds, and I
ill not oppo.ing the home goard, but 1 (10 want to see it created in an
orderly way, Senator Shep)pard, and you know already that, probably
we have taken on about as nIucl as this country (.a (ligest in a mili-
tr rv way and in a naval way. If it is going to do it in an orderly way
without
starting
these
othel:
things.
-
The Cr. iaf.\,. There is just this about it, you will take them on
probably in the lieht of Regular troops or regular National Guard
troops ind you will have the whole disability and pension built ulp
with it, whereas, if you call them home guards to be run by the States
you don't have such vast superstrueture of expense.
Senator THOM.s of Utah. You (1on't have that superstructure of
expense now in your guard unless you call them into the service.
The CH.mnam.\N. But I un(he'stan(1 there is quite a good deal of
expense to it.
Senator Tuo.m.ws of Utah. In the maintenance of equipment and
the maintenance of pay and things of that kind.
The CHAIRMAN. Did you have anything else in this bill?
Major RIDINGS. No. I have a copy of it.
Senator TiioN.s of Utah. 'May I ask this question, Senator Shep-
pard? Mr. Lewis s('nt certain amendments here.
'T'HE HOME GUAIII) 89
The CHAIRMAN. Lewis?
Senator THOMAS of Utah. The C. I. 0. Did you consider them?
The CHAIRMAN. I didn't see this letter. Here it is.
Senator THOMIAS of Utah. You see you have got lal)or all going
through something that I thought was cured 20 years ago.
The CHAIRMAN. Well, for the 1)reseIlt, that is two bills you have
read to us?
Major RIDINGS. Yes.
The CHAIRMAN. Let us hear what Mr. Lewis says now.
Colonel WATTS. (reading):
D).AR SENATOR SHEP'PARbD: I beg to call your attention to S. 4175 which is now
pending before the Senate Committee on Military Affairs. The bill ltirports to
amend section 61 of the National Defenise Act of June 3, 1916.
At the present time mider the National Defense Act of June 3, 1916, no State
may maitain troops in time of peace other than is authorized in accordance with
the organization prescribed by Federal statutes relating to the National Guard.
S. 4175 would permit, a State to organize and maintain military forces other than
the National Guard while ally part of the National Guard of the State concerned
is in active service or ringg any national emergency declared by" Congress or the
President. Fuirthermore, under this proposed amelldment the Secretary of War,
ill his sole discretion, is authorized to issue for the use of such State military
units arms and eii)ment that may be inl the possession of and can be spared by
the War l)epartment.
The bill, in effect, would permit t heP establislnent in any State of military forces
(luring the special period therein specified, without any statutory restrictions as to
the purposes for which such military forces may be used. In addition, these
State military forces could be established without any further legislative control
bv the State or Federal Governments through appropriations for the maintenance
of such military forces. The Secretary of War would have the authority to fully
e(hii
I
) or maintain the military forces independent of tile Congress of the Unilited
States or the State legislatures which now have the sole authority to appropriate
funds for the maintenance of the National Guard.
I understand the purpose of 5. 4175 is to authorize the relpseetive States to
establish a military force to take the place of the National Guard inch who are
called into Federal service. I suggest that this result can be obtained by simply
authorizing the respective States to reestablish their National Guard units to
replace the men who were called to Federal service. This would subject the
newly created National Guard units as State military forces to all of tile Federal
and State statutes applicable to the National Guard.
The l)resent bill might well permit the creation of State military forces which
would miot be under any legislative control either from the State or the
Federal Government. This may result in very serious abuses. For this reason
I wish to record the firm opposition of the Coigress of Industrial Organizations
to S. 4175 in its present form and urge its amendment inl accordance with the
foregoing suggestion.
Senator JOHNSON of Utah. Now as I understand tile representa-
tives from the War Department, if the National Guard is to be used
in this capacity, is no legislation whatever needed, either in a further
authorization of enlisted strength, or otherwise?
Major RIDINGs. The authorization for the National Guard, I
quote from memory, says it shall not be less than 400,000. There is
110 top limit given.
Colonel LLEWELLYN. That is the limitation on the number that
can be called. The limitation on the number that can be maintained
by the States so far as the law is concerned is800 I think per Con-
gressman, not less than 800 per Congressman, isn't it? Anyhow,
there is no limitation, statutory limitation, on the number of Na-
tional Guard that can be mnaintined in the various States. It is
limited by the practical difficulty of securing recruits and officers
l)eyond certain points.
90 THE HOME GUARD
Senator THOMAS of Utah. Now that 800 limit is merely so that you
will have the right kind of a unit to justify the Government spending
its money on it, isn't it?
Colonel LLEWELLYN. Yes; I think so.
The CHAIRMAN. Well, Major, you say no legislation is necessary.
Appropriation legislation would be necessary?
Major RIDINGS. Yes, sir.
Senator THOMAS of Utah. You merely have to authorize States
adding another regiment and appropriation for taking care of it.
The CHAIRMAN. If they should create a new unit of the Guard,
wouldn't that require legislation?
Major RIDINGS. No.
The CHAIRMAN. The appropriation would take care of that?
Major RIDINOS. Yes, sir.
Senator JOHNSON. It seems to me the only thing that would be
necessary would be an appropriation and then the understanding
down at the War Department that they wouldn't call out all of the
National Guard of any State.
The CHAIMIAN. But the advantage of the law would be a direction
to the legislative committee to do it.
Senator JOHNSON. Yes.
Senator THOMrAS of Utah. There is however sufficient authoriza-
tion in the National Defense Act as it stands, Senator Sheppard, to
provide for any increase in the funds appropriated for the maintenance
of the National Guard.
The CHAIRMAN. For the present purposes of the Guard.
Senator THOMAS of Utah. Those or additional purposes would be
along the same lines.
The CHAIRMAN. But there is no specific direction that as units are
called into Federal service additional units shall be created at home.
Such a law would have the advantage of giving the whole thing a
specific significance, specific operation.
Colonel LLEWELLYN. Yes, sir.
Major RIDINGS. There is another point there. The age limit
I believe is 45.
Colonel LLEWELLYN. For original enlistments.
The CHAIRMAN. It would be our concrete substitute for home
defense legislation.
Senator THoMs.S of Utah. I should think so, Senator Sheppard,
I should think that it would be.
The CHAIRMAN. That is our response, that provided that the
National Guard shall be increased as it is called out into active
service. Although that authority might exist by implication, still it
has disadvantage of being what this committee has said should be the
remedy.
Colonel LLEWELLYN. I was of that opinion but when I heard the
remarks made by a number of the adjutants general of the States who
were consulted in that connection, all to the effect that they couldn't
get the right people into the National Guard for this purpose because
they had no assurance tlat they wouldn't be ordered the next (lay on
active Federal service and taken away from their homes and occupa-
tions, I gave it up. But of course if Congress prescribes that as the
solution, that will be the solution and they will have to conform to this.
Senator THOMAS of Utah. The legislation could state that very
THlP, HOME GUARD 91
thing. You have to take everything the Government of the United
States does on faith anyway, don't you?
Colonel LLEWELYN. That is a broad statement.
Senator THOMAS of Utah. Well isn't it true?
Senator JOHNSON. Well in connection with the Army it is true.
Senator THOMAS of Utah. The Constitution itself says you cannot
provide for longer than a year's time.
Colonel LLEWELLYN. Yes.
Senator THOMAS of Utah. And you take the reclamation project
like Boulder Dam, do you think Congress would bind itself? It just
won't do it.
The CHAIRMAN. Did you have some other proposed bills?
Major RIDINGS. No; I have copies of this proposed change in S.
4175.
The CHAIRMAN. We would like to have it incorporated in the
record.
So you will have presented two proposed changes today.
Major RIDINGS. Well, three, taking in the National Guard.
The CHAIRMAN. But there is no written form.
(The proposed changed text of S. 4175 referred to follows:)
S. 4175, As AMENDED TO INCLUDE GREATER FEDERAL CONTROL
A BILL To amend section 61 of the National Iefese Act of Juno 3, 1916, by adding a proviso which will
permit States to organize military units not a part of the National (luard, and for other purposes
Be it enacted by the Senate and house of Representatives of the United States of
America in Congress assembled, That section 61 of the National Defense Act of
June 3, 1916, be amended to read as follows:
"No State shall maintain troops in time of peace other than as authorized in
accordance with the organization prescribed under this Act: Provided, That
nothing contained in this Act shall be construed as limiting the rights of the
States and Territories in the use of the National Guard within their respective
borders in time of peace: Provided further, That nothing contained in this Act
shall prevent the organization and maintenance of State police or constabulary:
Provided further, That under such regulations as the Secretary of War lna- pre-
scribe the organization by and maintenance within any State of such military
forces other than National Guard as may be provided by the laws of such State
is hereby authorized while any part of the National Guard of the State concerned
is in active Federal service: Provided further, That such forces shall not be called,
ordered, or in any tnatner drafted, as such, into the military services of the United
States; however, no persoii shall, by reason of his itetnbership in any such unit,
be exempted from military service under any Federal law: An, provided further,
That the Secretary of War in his discretion and under regulations determined by
him, is authorized to issue, frotn time to time, for the use of such military units,
to any State, upon requisition of the Governor thereof. such arms and e(iipmnent
as may be in possession of and can be spared by the War Departtnient.."
Senator JOHNSON. I would like to read into the record a telegram
I received from the Governor of my State, and my reply to him, which
seems to me has a very practical bearig on this w hole ihing. Do you
object, Mr. Chairman?
The CHAIRMAN. Not a bit.. It will be incorporated in the record.
Senator JOHNSON. I would like to have you folks hear it., too,
because it throws some additional light on the whole subject.
The telegram is addressed to me:
Am advised that Senate bill 4175 introduced by Senator Sheppard atiends
National Defense Act so as to permit States to organize and maintain military
units to replace where National Guard has been called out. Another bill ])ending
in House makes defense organization a part of Federal Army. Sheppard bill,
I think, is better because it will enable Governors-
90
THE HOME GUARD
Senator THOMAS of Utah. Now that 800 limit is merely so tha tyou
will have the right kind of a unit, to justify the Government spending
its money on it, isn't it?
Colonel LLEWELLYN. Yes; I think so.
The CHAIRMAN. Well, Major, you say no legislation is necessary.
Appropriation legislation would be necessary?
Major RIDINGS. Yes, sir.
Senator THOMAS of Utah. You merely have to authorize States
adding another regiment and appropriation for taking care of it.
The CHAIRMAN. If they should create a new unit of the Guard,
wouldn't that require legislation?
Major RIDINGS. No.
The CHAIRMAN. The appropriation would take care of that?
Major RIDINGs. Yes, sir.
Senator JOHNSON. It seems to me the only thing that would he
necessary would be an approl)riation and then the understanding
down at the War Department that they wouldn't call out all of the
National Guard of any State.
The CHAIRMAN. But, the advantage of the law would l)e a direction
to the legislative committee to (10 it.
Senator JOHNSON. Yes.
Senator THO.MAS of Utah. There is however sufficient authoriza-
tion in the National Defense Act as it stands, Senator Sheppard, to
provide for any increase in the funds appropriated for the maintenance
of the National Guard.
The CHAIRMAN. For the present purposes of the Guard.
Senator THOMAS of Utah. Those or a(lditional purposes would be
along the same lines.
The CHAIRMAN. But there is no specific direction that as units are
called into Federal service additional units shall be created at home.
Such a law would have the advantage of giving the whole thing a
specific significance, specific operation.
Colonel LLEWELLYN. Yes, sir.
Major RIDINGS. There is another point there. The age limit
I believe is 45.
Colonel LLFWELLYN. For original enlistments.
The CHAIRMAN. It would be our concrete substitute for home
defense legislation.
Senator THOMAS of Utah. I should think so, Senator Sheppard,
I should think that it would be.
Time CHAIRMAN. That is our response, that provided that the
National Guard shall be increased as it is called out into active
service. Although that authority might exist by implication, still it
has disadvantage of being what, this committee has said should be the
remedy.
Colonel LiEWEILYN. I Was of that opinion bIut when I heard the
remarks made by a number of time adjutants general of tile States who
were consulted in that comnection, all to the effect that they couldn't
get the right people into the National Guard for this purpose because
they had no assurance t hat they wouldn't be ordered the next, day on
active Federal service and taken away from their homes and occupla-
tions? I gave it up. But of course if(Congress prescribes that as tie
solution, that will be tile solution and they will have to conform to this.
Senator THOMAS of Utah. The legislation could state that very
THE HOME GUARD 91
thing. You have to take everything the Government of the United
States does on faith anyway, don't you?
Colonel LLEWELLYN. 'That is a broad statement.
Senator THOMAS of Utah. Well isn't it true?
Senator JOHNSON. Well in connection with the Army it is true.
Senator THOMAS of Utah. The Constitution itself says you cannot
provide for longer than a ,year's time.
Colonel LLEWELLYN. Yes.
Senator THOMAS of Utah. And you take the reclamation project,
like Bouler Dam, (1o you thiink Congress would bind itself? It just,
won't (to it.
The CHA1IJMAN. )id you have some other proposedd bills?
Major RIDINGs. No; I have copies of this proposed change in S.
4175.
The CuAIRMA\N. We woult like to have it incorporated in the
record.
So you will have presented two l)roposed changes today.
Major RIDINGS. Well, three, taking in the National Gulard.
The CH.ARIMAN. But there is 1o written form.
(The prol)osed clanged text of S. 4175 referred to follows:)
S. 4175, As AmENDE:D TO INCLUDE GREATER FEDERAL CONTROL
A BILL To amend action 61 of the National Defense Act of Juno 3. 1916. by adding a provlso which aliI
perlit States to organtie military units not a part oft ti National (lard,. and for other urpo.ses
Be it enacted by the Senate amd House of lepresentatives of the United States of
America in Congress assembled, That section 61 of the National Defense Act of
June 3, 1916, be amended to read as follows:
"No State shall maintain troops in time of peace other than as authorized in
accordance with the organization prescribed under this Act: Provided, That
nothing contained in this Act shall be construed as limiting the rights of the
States and Territories in the use of the National Gtuard within their respective
borders in time of peace: Provided fftrlhr, That nothing conitaited ift this Act
shall l)revent the organization and mainteantee of State police or constablary:
Provided further, That under such regtulat ions as the Secretary of War may pre-
scribe the organization by and tnintetanee witltin any State of such military
forces other ttan Natiottal Guard as may le provided Iby tite laws of such State
is hereby authorized while any' part of the National Guard of the State concerned
is in active Federal service: Protided further, That stich forces shall not, be called.
ordered, or int any mantier drafted, as sttl,, into the military services of the United
States; however, no person shall, by reason of is membershilt in any sttch tuit,
be exem)ted from military service under atty Federal law: .Awl ;trovid I forlh,
That the Secretary of War ill his discretion and untler regulations determined by
him, is atthorized to issite, front time to time, for tlt use of such military units,
to any State, tipon reuttisition of the Governor thereof. stich arms atd eqttipment
as may be in possession of and cal be spared by thte War Department."
Senator JOHNsoN. I wottld like to read into the record a telegram
I received from the Governor of my State, and my rel)lv to him, which
seels to Ine has a very practical bearing ott this whole ihing. Do you
object, Mr. Chairman?
The CHAImtI1AN. Not a bit. It will I)e incorporated in the record.
Senator JoNxsoN. 1 wotld like to have you folks hear it, too,
because it, throws some additional light on the whole subject.
The telegram is adret'ssed to ine:
At advised that Senate hill 4175 itrouttced by Setnator Sheppard antends
National defensee Act st as to permit Slates to organlize and maintain military
units f) replace where National Gtard has been called out. Another bill pending
in losc makes defense organization a part of Federal Army. Sheppard bill,
I think, is better heeause it will enable Governors--
92 THE HOME GUARD
I want you to get this point-
it will enable Governors-to act quickly in emergencies and prevent troubles which
might otherwise ripen into real difficulties. A home guard to take care of local
problems supported by national organization is the answer. Should like to see
this done because, with National Guard away, every day offers danger of emer-
gency which calls for immediate action.
flALPH I,. CASH.
Now the objection to tle whole matter on the part of labor is to be
found in the language of the Governor there, he wants to organize,
wants to bring them in quickly.
This is my answer to the Governor:
I ain in accord with opposition of organized labor to Federal Government
authorizing honme guards hut relinquishing all direction of their administration.
At, any rate no such military organization should be set up without. an act of
the State legislature. I favor organizing hoine guards as an extension of the
National Guard with all the State and Federal laws, rules, and regulations now
on the books relative to operation of National Guard applying to home guards.
This is also labor's position, as I understand it. The National Guard system
has been worked out from a long experience and has functioned in more or less
satisfactory manner to the State and to the Federal Governient. War I)epart-
bent ol)lp led to making home guard an extension of National Guard because of
cxlene to Federal Treasury. I ant sure the States cannot finance the home
guard and to organize it without Federal or State funds will reduce it to a vigilante
status with attendant troubles for everyone. I therefore cannot support Senate
bill in its pre-snt form and do not consider House bill entirely satisfactory either.
The CHAIRMIAN. Very well. Evidently we can t accomplish any-
thing further today.
Senator THoMAS of Utah. Can't we accomplish this, Senator Shep-
pard? I think these gentlemen from the War Department should
carry back to the War Department some of the feelings of the speakers
here today and I think that the War Department should submit some
sort of an idea for the extension of the National Guard to take care
of its emergency or some sort of promise that no State would be
st'il)l)ed entirely of its troops.
You can see that you have got to have this spirit working, or else
the whole scheme of our Federal system falls flat.
Say, for example, a State has called out a regiment to do some
State policing which is essential. Do you think the Federal Govern-
ment would call that regiment into Federal service un(ler those cir-
cumstances? It would have the power but I cannot conceive of its
doing it, because it would immediately destroy the right of the State
to preserve its sovereignty.
Here a peacetime situation comes up and it, is identical, troops are
organized in anticipation of trouble quite as much as to take care of
trouble, an(l for the Federal Government to just reach out and take
its power in such a way as causes concern on the part of Governors
as it did Governor Lehman and Mayor LaGuardia who felt he was
dependent--
The CHAIRMAN. That is why we are trying to devise some legisla-
ion to stop that.
Senator THOMAS of Utah. It should immediately have been done.
to see that it cannot operate in that way.
The CHAIRMAN. At. the same time it must not cripple the strength
of the Government in attack.
Senator THOMAS of Utah. We aren't going to cripple the strength
of the Government, hut the best way to cripple the strength of the
THE HOME GUARD 93
Government would be to bring a contest between the States and the
Federal Government.
The CHAIRMAN. Well this bill is providing the States shall have
armies of their own. This bill is emphasizing State rights.
Senator THOMAS of Utah. But it is something, Senator Sheppard
to go ahead and organize that army of its own. Isn't it better to build
on the nucleus you already have?
The CHAIRMAN. The State that sends me the legislation offers to
)ax its Own expenses.
Senator THOMAS of Utah. Let them do it.
The CHAIRMAN. That is why .the War Department was rather
attracted by it.
Senator THOMAS of Utah. 1 do think that if we are going to go
forward in sensible national defense, since the creation of the National
Defense Act of 1920, y(4 had better build on it and its expansion rather
than creating something new.
The CHAIRMAN. Wel, will you gentlemen give it further study and
see us again?
We, will adjourn until further call.
(Whereupon, 6t 12:20 p. m. the hearing is adjourned subject to
call.)
[At.its meetifig on September 27, 1940, the committee'approved
S. 4175, emboding the language in the last above-mentioned draft,
and the bill was reported to the Senate on September 30, 1940.
(Rept. No. 2138).]
261085-40----7