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Citation: 32 Stat. 775 1894-1903
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uncorrected OCR text.FIFTY-SEVENTH CONGRESS. SESS. I. CH. 195,196. 1903.
prescribed thereunder by the Secretary of the Interior, shall pay a fine
of not more than five hundred dollars, or be imprisoned not more than
twelve months, or both, in the discretion of the court trying the same."
Approved, January 21, 1903.
CRAP. 196.-An Act To promote the efficiency of the miditia, and for other January 21,1903.
purposes. [Public, No. 3.]
Be it enacted by the Senate and House offRepresentatives of the United States of America in Congress
assembled, That the militia shall consist Suiita.
of every able-bodied male citizen of the respective States, Territories, positon o
and the District of Columbia, and every able-bodied male of foreign
birth who has declared his intention to become a citizen, who is more
than eighteen and less than forty-five years of age, and shall be divided
into two classes-the organized militia, to be known as the National National Guard.
Guard of the State, Territory, or District of Columbia, or by such
other designations as may be given them by the laws of the respective
States or Territories, and the remainder to be known as the Reserve Reserve Militia.
Militia.
SEC. 2. That the Vice-President of the United States, the officers, Persons exempt.
judicial and executive, of the Government of the United States, the
members and officers of each House of Congress, persons in the military or naval service of the United
States, all custom-house officers,
with their clerks, postmasters and persons employed by the United
States in the transmission of the mail, ferrymen employed at any ferry
on a post-road, artificers and workmen employed in the armories and
arsenals of the United States, pilots, mariners actually employed in
the sea service of any citizen or merchant within the United States,
and all persons who are exempted by the laws of the respective States
or Territories shall be exempted from militia duty, without regard to
age: Provided, That nothing in this Act shall be construed to require -- o.0 0
or compel any member of any well-recognized religious sect or organ- of creed.
ization at present organized and existing whose creed forbids its members to participate in war in any
form, and whose religious convictions
are against war or participation therein, in accordance with the creed
of said religious organization, to serve in the militia or any other
armed or volunteer force under the jurisdiction and authority of the
United States.
SEc. 3. That the regularly enlisted, organized, and uniformed active Organized militia.
militia in the several States and Territories and the District of Columbia
who have heretofore participated or shall hereafter participate in the
apportionment of the annual appropriation provided by section sixteen R. S. sec. 1661, p. 2M0.
hundred and sixty-one of the Revised Statutes of the United States, as Vol. 24 p. 401.
amended, whether known and designated as National Guard, militia, or
otherwise, shall constitute the organized militia. The organization, To conform to genarmament, and
discipline of the organized militia in the several States era, Army Rerulaand Territories and in the District
of Columbia shall be the same as
that which is now or may hereafter be prescribed for the Regular and
Volunteer Armies of the United States, within five years from the date
of the approval of this Act: Povided, That the President of the United P o numbe
States, in time of peace, may by order fix the minimum number of of enlistedmen.
enlisted men in each company, troop, battery, signal corps, engineer
corps, and hospital corps: And provided further, That any corps of
artillery, cavalry and infantry existing in any of the States at the Pviegesofcertai
passage of the Act of May eighth, seventeen hundred and ninety-two, Vol. 1 P.
which, by the laws, customs or usages of the said States have been in
continuous existence since the passage of said Act under its provisions
and undei the provisions of Section two hundred and thirty-two and 16, ss. ,5 775
HeinOnline -- 32 Stat. 775 1894-1903776 FIFTY-SEVENTH CONGRESS. SEss. II. C. 196. 1903.
Sections sixteen hundred and twenty-five to sixteen hundred and Sixty
both inclusive, of Title sixteen of the Revised Statutes of the United
States relating to the Militia, shall be allowed to retain their accustomed privileges, subject,
nevertheless, to all other duties required by
law in like manner as the other Militia.
To be called forth SEc. 4. That whenever the United States is invaded, or in danger of
in case of invasion, etc. invasion from any foreign nation or of rebellion against the authority
of the Government of the United States, or the President is unable,
with the other forces at his command, to execute the laws of the Union
in any part thereof, it shall be lawful for the President to call forth,
for a period not exceeding nine months, such number of the militia of
the State or of the States or Territories or of the District of Columbia
as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute
such laws, and to issue his orders for
that purpose to such officers of the militia as he may think proper.
be specified. SEC. 5. That whenever the President calls forth'the militia of any
State or Territory or of the District of Columbia to be employed in
the service of the United States, he may specify in his-call the period
for which, such service is required, not exceeding nine months, and the
militia so called shall continue to serve during the term so specified,
unless sooner discharged by order of the President.
Apportionment. SEC. 6. That when the militia of more than. one State is called into
the actual service of the United States by the President he may, in his
discretion, apportion them among such States or Territories or to the
District of Columbia according to representative population.
Mustering in. SEc. 7. That every officer and enlisted man of the militia who shall
be called forth in the manner hereinbefore prescribed and shall be
found fit for military service shall be mustered or accepted- into the
United States service by a duly authorized mustering officer of the
Punishment for re United States: Provided, however, That any officer or enlisted man of
fs to answercall, the militia who shall .refuse or neglect to present himself to such mustering officer
upon being called forth as herein prescribed shall be
subject to trial by court-martial, and shall be punished as such courtmartial may direct.
composition. aa SEC. 8. That courts-martial for the trial of officers or men of the
militia, when in the service of the United States, shall be composed of
militia officers only.
gove atosto SEC. 9. That the militia, when called into the actual service of the
United States, shall be subject to the same Rules and Articles of War
as the regular troops of the United States.
Pay ndalowances. SEc. 10. That the militia, when called into the actual service of the
United States, shall, during their time of service, be entitled to the
same pay and allowances as are or may be provided by law for the
Regular Army.
Commencement of SEC. 11. That when the militia is called into the actual service of
pay. the United States, or any portion of the militia is accepted under the
provisions of this Act, their pay shall commence from the day of their
Previous expendi- appearing at the place of company rendezvous. But this provision
tures. shall not be construed to authorize any species of expenditure previous to arriving at such places
of rendezvous which is not provided by
Adjutant-general in existing laws to be paid after their arrival at such places of rendezvous.
each State etc. SEC. 12. Tht there shall be appointed in each State, Territory and
Duties o. District of Columbia, an Adjutant-General, who shallperform such
duties as may be prescribed by the laws of such State, Territory, and
District, respectively, and make returns to the Secretary of War, at
such times and in such form as he shall from time to time prescribe,
of the strength of the organized militia, and also make such reports
Report to Congress. as may from time to time be reqdired by the Secretary-of War. That
the Secretary of War shall, with his annual report of each year, transmit to Congress an abstract of the
returns and reports of the adjutantsHeinOnline -- 32 Stat. 776 1894-1903FIFTY-SEVENTH CONGRESS.
SEss. II. CH. 196. 1903. 777
general of the States, Territories, and the District of Columbia, with
such observations thereon as he may deem necessary for the information of Congress.
SEC. 13. That the Secretary of War is hereby authorized to issue, 1se of arms, etcon the requisitions of
the governors of the several States and Terri- ",It, P' '
tories, or of the commanding general of the militia of the District of
Columbia, such number of the United States standard service magazine arms, with bayonets, bayonet
scabbards, gun sliigs, belts, and
such other necessary accouterments and equipments as are required
for the Army of the United States, for arming all of the organized
militia in said States and Territories and District of Columbia, without Not chargeable to
charging the cost or value thereof, or any which have been issued since annual allotment.
December first, nineteen hundred and one, or any expense connected
therewith, against the allotment to said State, Territbry, or District of
Columbia, out of the annual appropriation provided by section sixteen R.S.,sec.fi ip.20.
hundred and sixty-one of the Revised Statutes, as amended, or requir- Exchange of aming payment
therefor, and to exchange, without receiving any money muon.
credit therefor, ammunition, or parts thereof, suitable to the new
arms, round for round, for corresponding ammunition suitable.to the
old arms theretofore issued to said State, Territory, or District by the
United States: Provided, That said rifles and carbines and other rop- 'roisao.
erty shall be receipted for and shall remain the property of the United n e f o d for
States and be annually accounted for by the governors of the States
and Territories as now required by law, and that each State, Territory,
and District shall, on receipt of 'the new arms, turn in to the Ordnance
Department of the United States Army, without receiving any money
credit therefor, and without expense for transportation, all United
States rifles and carbines now in its possession.
To provide" means to carry into effect the provisions of this section, Appropration.
the necessary money to cover the cost of exchanging or issuing the new
arms, accouterments, equipments, and ammunition to be exchanged or
issued hereunder is hereby appropriated out of any mqneys in the
Treasury not otherwise appropriated.
SEC. 14. That whenever it shall appear by the report of inspections, Paym for actual
which it shall be the duty of the Secretary of War to cause to be made
at least once in each year by officers detailed by him for that purpose,
that the organized militia of a State or Territory or of the District of
Columbia is sufficiently armed, uniformed, and equipped for active
duty in the field, the Secretary of War is authorized, on the requisition
of the governor of such State'or Territory, to pay to the quartermastergeneral thereof, or to such other
officer of the militia of said State as
the said governor may designate and appoint for' the purpose, so much
of its allotment out of the said annual appropriation under section
sixteen hundred and sixty-one of the Revised Statutes as amended as
shall be necessary for the payment, subsistence, and transportation of
such portion of said organized militia as shall engage in actual field or
camp service for instruction, and the officers and enlisted men of such Pay of officers and
militia while so engaged shall be entitled to the same pay, subsistence, men.
and transportation or travel allowances as officers and enlisted men of
corresponding grades of the Regular Army are or may hereafter be
entitled by law and the officer so designated and appointed shall be regarded as a disbursing officer of
the United States, and shall render Accounts.
his accounts through the War Department to the proper accounting
officers of the Treasury for settlement, and he shall be required to. give
good and sufficient bonds to the United States, in" such sums as the
Secretary of War may direct, faithfully to account for the safe-keeping
and payment of the public moneys so intrusted to him for disbursement.
SEC. 15. That the Secretary of War is hereby authorized to provide Participation in for participation by
any part of the organized militia of any tate or apmt, Amy etc.eTerritory on the request of the governor
thereof in the encampment,
HeinOnline -- 32 Stat. 777 1894-1903778 FIFTY-SEVENTH CONGRESS. SESS. H. CH. 196. 1903.
maneuvers, and field instruction of 'any part of the Regular Army at
or near any military post or camp or lake or seacoast defenses of the
Pay, etc. United States. In such case 'the organized militia so participating
shall receive the same pay, subsistence, and transportation as is provided by law for the offiters and
men of the Regular Army, to be paid
out of the appropriation for the pay, subsistence, and transportation of
Regular Ar. the Army: Arov&ed, That the command of such military post or camp Regular Army offi- teo
cer to retain com- and of the officers and troops of the United States there stationed shah
mand. remain with the regular commander of the post without regard to the
rank of the commanding or other officers of the militia temporarily so
encamped within its limits or in its vicinity.
Allowance to m.l- Snc. 16. That whenever any officer of the organized militia shall, tia officers attending
mitarychools, upon recommendation of the governor of any State, Territory, or
general commanding the District of Columbia, and when authorized
by the President, attend and pursue a regular course of study at any
military school or college of the United States such officer shall receive
from the annual appropriation for the support of the Army the same
travel allowances, and quarters, or commutation of quarters, to which
an officer of the Regular Army would be entitled if attending such
school or college under orders from proper military authority, and
shall also receive commutation of subsistence at the rate of one dollar
per day while in actual attendance upon the course of instruction.
Issue of armystores, SE C. 17. That the annual appropriation made by section sixteen
R. s.,sec. tel p. iso. hundred and sixty-one,. Revised Statutes, as amended, shall be available for the
purpose'of providing for issue to the organized militia any
stores and supplies or publications which are supplied to the Army by
Purchase of addi- any department. Any State, Territory, or the District of Columbia
ional supples, etc. may, with the approval- of the Secretary of War, purchase for cash
from the War Department, for the use of its militia, stores, supplies,
material of war, or military publications, such as are furnished to the
Army, in addition to those issued under the provisions of this Act, at
the price at which they are listed for issue to the Army, with the cost
Use of receipts from of transportation added, and funds received from such sales shall be credited to
the appropriations to which they belong and shall not be
covered into the Treasury, but shall he available until expended to
replace therewith the supplies sold to the States and Territories and
to the District of Coltmbia in the manner herein provided.
Annual ialn, SEC. 18. That each State or Territory furnished with material of
practice required. war under the provisions of this or former Acts of Congress shall,
during the year next preceding each annual allotment of funds, in
accordance with section sixteen hundred and sixty-one of the Revised
Statutes as amended, have required every company, troop, and battery
in its organized militia not excused by the governor of such State or
Territory to participate in practice marches or go into camp of instruction at least five consecutive days,
and to assemble for- drill and
instruction at company, battalion, or regimental armories or rendezInspection. vous or for target
practice not less than twenty-four times, and shall'
also have required during such year an inspection of each such company, troop, and battery to be made
by an officer-of such militia or
an officer of the Regular Army.
Detail of army offi- SEC. 19. That upon the appiation of thegovernor of any State or
esforencamprens. Territory furnished with material of war under the provisions of this
Act or former laws of Congress, the Secretary of War may detail one
or more officers of the Army to attend any encampment of the organized militia, and to give such
instruction and information to the officers
Report and men assembled in such camp as may be requested by the governor.
Such officer or officers shall immediately make a report of such encampment to the Secretary of War, who shall furnish a copy thereof to the
governor of the State or Territory.
HeinOnline -- 32 Stat. 778 1894-1903FiFTY-SEVENTH CONGRESS. SEss. 11. CH. 196. 1903.
SEC. 20. That upon application of the governor of any State or AssiA nment of
Territory furnished with material of war under the provisions of this wit itia.ru
Act or former laws of Congress, the Secretary of War may, in his
discretion, detail one or more officers of the Army to report to the
governor of such State or Territory for duty in connection with the
organized militia. All such assignments may be revoked at the request Revoation.
of the governor of such State or Territory or at the pleasure of the
Secretary of War.
Szc. 21. That the troops of the militia encamped at any military Ammunitionfortarpost or camp of the
United States may be furnished such amounts of get practie, etc.
ammunition for instruction in firing and target practice as may be
prescribed by the Secretary of War, and such instruction in firing
shall be carried on under the direction of an officer selected for that
purpose by the proper military commander.
Sac. 22. That when any officer, noncommissioned officer, or private Pensionforwounds,
of the militia is disabled by reason of wounds or disabilities received et.
or incurred in the service of the United States he shall be entitled to
all the benefits of the pension laws existing at the time of his service,
and in case such officer, noncommissioned officer, or private dies in the
service of the United States or in returning to his place of residence
after being mustered out of such service, or at any time, in consequence
of wounds or disabilities received in such service, his widow and Pensionto widow.
children, if any, shall be entitled to all the-benefits of such pension laws.
SEc. 23. That for the purpose of securing a list of persons specially cuissions in other
qualified to hold commissions in any volunteer force which may here- voluntees.
after be called for and organized under the authority of Congress,
other than a force composed of organized militia, the Secretary of War
is authorized from time to time to convene boards of officers at suitable
and convenient army posts in different parts of the United States, who
shall examine as to their qualifications for the command of troops or
for the performance of staff duties all applicants who shall have served
in the Regular Army of the United States, in any of the volunteer
forces of the United States, or in the organized militia of any State caE.gblity of applior" Territory or
District of Columbia, or who, being a citizen of the '
United States, shall have attended or pursued a regular-course of
instruction in any military school or college of the United States
Army, or shall have graduated from any educational institution to
which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law
after havihg creditably pursued the
course of military instruction theltein provided. Such examinations Re" •ations.
shall be under rules and regulations prescribed by the Secretary
of War, and shall be especially directed to ascertain the practical
capacity of the applicant. The record of previous service of the
applicant shall be considered as a part of the examination. Upon Cerftesf uaii"
the conclusion of each examination the board shall certify to the War gibie class.
Department its judgment as to the fitness of the 'applicant, stating
the office, if any, which it deems him qualified to fill, and, upon
approval by the President, the names of the persons certified to be
qualified shall be inscribed in a register to be kept in the War*Department for that purpose. The persons
so certified and registered shall, Further instruction
subject to a physical examination at the time, constitute an eligible soV
class for commissions pursuant to such certificates in any volunteer
force hereafter called for and organized under the authority of Congress, other than a force composed
of organized militia, and the President may authorize persons from this class, to attend and pursue a
regular course of study at any military school or college of the United
States other than the Military Academy at West Point and to receive
from the annual appropriation for the support of the Army the same
allowances and commutations as provided in this Act for officers of the
779
HeinOnline -- 32 Stat. 779 1894-1903FIFTY-SEVENTH CONGRESS. SEss. If. C~s. 196,197, 332, 1903.
Agmit. organized militia: Provided, That no person shall be entitled to receive
a commission as'a second lieutenant after he shall have passed the age
of thirty; as first lieutenant after he shall have passed the age of
thirty-five; as captain after he shall have passed the age of forty; as
major after he shall have passed the age of forty-five; as lieutenantcolonel after he shall have passed the
age of fifty, or as colonel after
men t
bu f ppo o. he such shall appointments have passed the age of fifty-five: And provided further, That shall
be distributed proportionately, as near as may
be, among the various States contributing such volunteer force: And
Restricions. provided, That the appointments in this section provided for shall not
be deemed to include appointments to any office in any company, troop,
battery, battalion, or regiment of the organized militia whicl volunteers as a body or the officers of
which are appointed by the governor
of a State or Territory.
Orgauization of vol- SEC. 24. That all the volunteer forces of the United States called for
Vol. Sp.361. by authority of Congress shall, except as hereinbefore provided, be
organized in the manner provided by the Act entitled "An Act to
provide for temporarily increasing the military establishment of the
United States in time of war, and for other purposes," approved April
twenty-second, eighteen hundred anid ninety-eight.
R. Sp., eces. 23 SEC. 25. That sections sixteen hundred and twenty-five to sixteen epeal' d. ' ' hundred
and sixty, both included, of title sixteen of the Revised Statutes, and section two hundred and thirty-two
thereof, relating to the
militia, are hereby repealed.
Effect. SEC. 26. That this Act shall take effect upon the date of its approval.
Approved, January -21, 1903.
January 22, 1503. CHAP. 197.-An Act To establish Portal, North Dakota, a subport of entry and
[Public, No. 54.] extend thereto the privileges of the first section of the Act. approved June tenth,
eighteen hundred and eighty.
Be it enacted by the Senate and House of Representatives of the United Prtal, N. ak.e- States of America
in Congress assembled, That Portal, North Dakota,
diate exteded tcansportation t. be, and is hereby, designated a subport of entry in the customs collecVol. 21, p. 173. tion district of North and South Dakota, and that the privileges of the
first section of the Act approved June tenth, eighteen hundred and
eighty, entitled "An Act to amend the statutes in relation to the
immediate transportation of dutiable goods, and for other purposes,"
be, and the same are hereby, extended to said subport.
Approved, January 22, 1903.
January 26, 1903. CHLAP. 332.-An Act To pay in part judgments rendered under an act of the legis[Public, No. l5.] lative assembly of the Territory of Hawaii for property destroyed in suppressing the
bubonic plague in said Territory in eighteen hundred and ninety-nine and nineteen
hundred, and authorizing the Territory of Hawaii to issue bonds for the payment of
the remaining claims.
Be it enacted by the Senate and Home q Representatves qf the United
Hawaii. Stptea of America in Congres assembled, That the sum of one million
judgments u dollars is hereby appropriated, out of any money in the Treasury not
dartpof. otherwise appropriated, to pay in part the judgments rendered under an act of the legislative assembly of the Territory of Hawaii by the
fire claims commission of that Terrftory for property destroyed in the
suppression of the bubonic plague in said Territory in the years eighteen hundred and ninety-nine and
nineteen hundred.
ance.
ondissue for bal. SEC. 2. That the governor and secretary of saidTerritory are hereby authorized to issue
the bonds of that Territory in such sum, not exceeding five hundred thousand dollars, as, together with
the money hereby
780
HeinOnline -- 32 Stat. 780 1894-1903
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Militia Act of 1903
Information about Militia Act of 1903
The Militia Act of 1903, also known as the Dick Act, was the result of a program of reform and
reorganization in the military establishment initiated by United States Secretary of War Elihu
Root following the Spanish-American War of 1898 after the war demonstrated weaknesses in the militia,
and in the entire United States military.
The ultimate result of the Act was the creation of the modernNational Guard Bureau which is the federal
instrument responsible for the administration of the National Guardestablished by the United States
Congress as a joint bureau of the Department of the Army and the Department of the Air Force. It holds a
unique status as both a staff and operation agency.
Beginnings of federalization
United States Senator Charles Dick, a Major General in the Ohio National Guard, sponsored the 1903
act, which gave Federal status to the militia. Under this legislation the organized militia of the States was
required to conform to Regular Army organization within five years. The act also required National Guard
units to attend 24 drills and five days annual training a year, and, for the first time, provided for pay for
annual training. In return for the increased Federal funding which the act made available, militia units
were subject to inspection by Regular Army officers, and had to meet certain standards.
The increase in Federal funding was an important development. In 1808 Congress had allocated
$200,000 a year to arm the militia; by 1887, the figure had risen to only $400,000. But in 1906, three
years after the passage of the Dick Act, $2,000,000 was allocated to arm the militia; between 1903 and
1916, the Federal government spent $53,000,000 on the Guard, more than the total of the previous
hundred years.
With the increase in Federal funding came an increase in paperwork and bureaucracy. Before the
passage of the Dick Act, militia affairs had been handled by the various bureaus of the War Department,
as the subject dictated. But the 1903 act authorized, for the first time, the creation of a separate section
responsible for National Guard affairs. Located in the Miscellaneous Division of the Adjutant General's
office, this small section, headed by MajorJames Parker, Cavalry, with four clerks, was the predecessor of
today's National Guard Bureau.
This section remained under the supervision of the Adjutant General's Office until War Department
Orders onFebruary 12, 1908 created the Division of Militia Affairs in the Office of the Secretary of War.
The act also provided for "necessary clerical and official expense of the Division of Militia Affairs."
Lieutenant Colonel Erasmus M. Weaver, Coast Artillery Corps, assumed duties as the division's first
Chief. An increasing volume of business meant more personnel, and the four clerks had by this time
increased to 15.
The Division remained a part of the Office of the Secretary of War until July 25, 1910 when the Chief was
directed to report directly to the Army Chief of Staff. The Division continued to perform under the direct
jurisdiction of the Chief of Staff until the passage of the National Defense Act of June 3, 1916. Then the
Division of Militia Affairs became the Militia Bureau of the War Department, under the direct supervision of
the Secretary of War.
Division becomes a bureau
The National Defense Act of 1916 is, with the exception of the United States Constitution, the most
important piece of legislation in the history of the National Guard. It transformed the militia from individual
state forces into a Reserve Component of the U.S. Army - and made the term "National Guard"
mandatory. The act stated that all units would have to be federally recognized, and that the qualifications
for officers would be set by the War Department. It increased the number of annual training days to 15,
increased the number of yearly drills to 48, and authorized pay for drills.
The 1916 act transformed the Division of Militia Affairs into a separate Militia Bureau, increasing its
autonomy and authority. Eight new civilian positions were authorized, something which the various Chiefs
had been requesting for years; the number of military assigned to the Bureau had grown to 13. The
National Defense Act also gave Presidential authority to assign two National Guard officers to duty with
the Militia Bureau. The inclusion of National Guard officers in the Militia Bureau was an important step
towards creating a centralized planning organization for the National Guard headed by its own officers.
The first National Guard officer assigned to the Bureau was Major Louis C. Wilson of Texas in 1916.
On September 11, 1917 War Department General Order 119 stated that the jurisdiction of the Militia
Bureau includes "coordination through the office of the Chief of Staff, of the organization, equipment, and
instruction of the National Guard under department commanders in a manner similar to the coordination
by the Chief of Staff of the organization, equipment, and training of the Regular Army under department
commanders." Thus the National Guard Bureau was charged with the responsibility of maintaining high
standards in the National Guard.
Prior to 1910 the Chief of the Militia Bureau was a Regular Army officer. This situation changed on June
4, 1920when Congress passed an amendment to the National Defense Act of 1916. One of the
amendment's conditions stated that effective January 1, 1921, the Chief of the National Guard Bureau
would be selected from lists of present or former National Guard officers.
The act reads:
The Chief National Guard Bureau shall be appointed by the President, by and with the advice and
consent of the Senate, by selection from the lists of officers of the National Guard of the United States
recommended as suitable for such appointment by their respective Governors, and who have had ten or
more years commissioned service in the National Guard… The Chief of the National Guard Bureau shall
hold office for four years unless sooner removed for cause, and shall not be eligible to succeed himself…
Upon accepting his office, the CNGB shall be appointed a Major General in the National Guard of the
United States, and commissioned in the Army of the United States, and while serving shall have the rank,
pay, and allowances of a Major General.
It should be noted that the act was later amended so that the Chief could succeed himself.
The first appointee under these provisions was Major General George C. Rickards of Pennsylvania. The
amendment also provided for the creation of a General Staff committee of National Guard officers, which
could recommend policies affecting the Guard.
The Bureau was known as the Militia Bureau until it was designated as the National Guard Bureau by an
amendment to Section 81 of the National Defense Act on June 15, 1933. Furthermore, this amendment
worked towards settling the issue of the National Guard as a reserve component. It stated that there
would be two National Guards: the National Guard of the several States, and the National Guard of the
United States. The former would be the individual State militias, employed in local emergencies and
national defense. The latter would be a deployable reserve component of the Army.
National Guard Bureau during World War II
The National Guard began mobilization on September 16, 1940 and a total of 18 National Guard
Divisions (plus one more assembled from National Guard units), as well as 29 National Guard Army Air
Forces observation squadrons saw action in both the Pacific and European Theatres. The National Guard
Bureau also experienced changes during the war years.
The first of these changes occurred on March 2, 1942 under War Department Circular number 59. This
order reorganized the War Department and Army under the authority of the first War Powers Act. It
specifically affected the Bureau by designating it as a part of the Adjutant General's Office. On April 27 of
the same year, General Orders No. 9, Headquarters, Service and Supply, established the National Guard
Bureau as an "independent administrative service of the Services of Supply," under the jurisdiction of the
Chief of Administrative Services.
The third major order affecting the National Guard Bureau was Army Service Forces (ASF) circular No.
118, which came on November 11, 1943. It stipulated that the Chief of the National Guard Bureau was
directed to report to the Commanding General, Army Service Forces. Finally on May 17, 1945, General
Order No. 39 stated that the National Guard Bureau was removed from the jurisdiction of the
Commanding General Army Service Forces, and established it as a war Department Special Staff
activity.
With the entire National Guard on Federal service, the mission and functions of the Bureau were reduced.
A large part of the Bureau's wartime work consisted of managing the State Guards which in wartime took
over a great deal of the Guard's state mission, and keeping up the personnel records of Federally
recognized National Guard officers on active duty.
The number of military office's assigned to the Bureau declined sharply, and the number of the Bureau's
civilian personnel went from 140 in 1940 to 49 in 1945. There were practically no promotions awarded to
National Guard Bureau civilians, which did not compare favorably with other War Department agencies.
This made retaining those few key civilian employees needed in maintaining good relations with the
States and working towards planning the post-war reorganization of the National Guard extremely
difficult.
Post-war National Guard Bureau
During the war years, annual leave was restricted for all War Department civilian employees. National
Guard Bureau civilian personnel certainly could have been spared, since their workload had been greatly
reduced. When the freeze on annual leave was limited in 1945 civilian employees were compelled to use
their leave or lose it. At the war's end the National Guard Bureau desperately needed full military and
civilian staff, for the task of reorganizing the National Guard in the states. However, the number of
personnel was not expanded quickly enough to facilitate such activity. The frantic post-war reorganization
of the National Guard was coordinated by an under-staffed Guard Bureau.
In addition to the reorganization of the National Guard, the Bureau also had to deal with internal
reorganizations. The most important of these was the creation of the Air Force and consequently, the Air
National Guard. Under the National Security Act of July 26, 1947, Congress approved the creation of a
separate division within the National Guard Bureau for the Air National Guard, thus transferring the
functions, powers, and duties from the Department of the Army and the Secretary of the Army to the
Department of the Air Force and the Secretary of the Air Force.
After World War II the National Guard Bureau and the Army Air Forces jointly prepared a plan for the Air
National Guard. Among the foreseeable problems were supplies of aircraft, type and distribution of units,
training, recruitment of trained personnel, and strength in relation to the Air Force and Air Force Reserve.
In 1946 a plan calling for the creation of 12 wings, 27 groups, and 84 fighter and light bombardment
squadrons was authorized and tendered to the States. June 30, 1946 saw the federal recognition of the
first post-war Air Guard unit, the 120th Fighter Squadron, based at Buckley Field, Denver, Colorado.
Although the projected date of July 1, 1947 for organizing all Air Guard units could not be met due to
drastic cuts in federal funding (the Air Guard only received $154 million instead of the requested $536
million during FY 1947-1949), by May 1949, 514 units had been organized and federally recognized. In
1949 the Army and Air Force Authorization Act (Public Law 604, 81st Congress) formally established a
legal existence which provided that the Air Force of the United States shall consist of, among other
components, the Air National Guard of the U.S., composed of federally recognized units and personnel of
the several States. This Act established an independent relationship for the Air Guard, separate from the
Air Force. It ensured that the Air Guard would remain state controlled.
To facilitate the dual function of the National Guard Bureau, the Departments of the Army and Air Force,
along with the NGB, reorganized the latter agency on October 1, 1948. This reorganization established
the NGB as a Bureau of the Department of the Army and an agency of the Department of the Air Force.
The reorganization of the NGB included the creation of the Legal Adviser, the Information Office, the
Administrative Office, and the Planning Office. It also established the Chief, National Guard Bureau
(CNGB) as the head of the two component divisions, the Army Division and the Air Division. It provided
for a Major General of the appropriate service, commissioned in the National Guard, to be appointed as
Chief of each of the respective Divisions. The Army and Air Force Authorization Act also stipulated that
the National Guard Bureau would perform similar functions and duties for the Department of the Air Force
as it performed for the Department of the Army and would be a formal channel of communication between
the Department of the Air Force and the several States on matters pertaining to the ANG.
Army vs. Air feud
The Air Guard viewed this mandate as an attempt to restrict Air Guard authority through the Armydominated NGB. Further, the active Air Force and the Bureau disagreed on the scope and function of
each other's duties in relation to the Air National Guard. On the one hand, the Air Force felt that the
Bureau should act only as a channel of communications between the Air Force Chief of Staff and the
State military authorities. The Guard Bureau, on the other hand, interpreted its mission in broader and
more active policymaking terms, rejecting the purely administrative role envisioned by the active Air
Force. The Air Force was angered because it felt the Air Guard was a component of the Air Force and
wanted direct control.
By late 1949, the stage had been set for an open confrontation. Maj. Gen. Kenneth F. Cramer, Chief of
the National Guard Bureau and an Army Guardsman, relieved the head of the bureau's Air Division, Maj.
Gen. George Finch - without consulting the Department of the Air Force. It is reported that a personality
conflict existed between the two intensely ambitious men, but the underlying factor in Finch's dismissal
was the rift between the Air Force and the National Guard Bureau concerning the control of the ANG. The
Air Force believed that Cramer was not sufficiently informed about the Air National Guard and had no
right to be supreme authority regarding policies the Air Force established for its state-controlled reserve
component.
The situation led to a joint investigation by the inspectors General of the Army and Air Force. Sweeping
reforms and changes in the Guard Bureau were recommended by this inquiry team. In separate reports
both General Finch and General Cramer were recommended to be relieved from their duties in the NGB.
The team also recommended that the Chief, NGB should be directed to comply fully with provisions of
any Air Force directive directly relating to staff procedures on matters pertaining to the Air Guard.
The Inspectors General advised the Secretaries of the Army and Air Force to appoint a joint board of
officers who would recommend changes in the Bureau's organizational structure and internal operating
procedures. The Secretaries appointed a board commonly known as the "Miltonberger Board," named
because it was headed by former Chief of the Bureau Maj. Gen. Butler Miltonberger. On March
31, 1950 the Miltonberger Board reported its findings and recommendations to the Secretary of the Army.
The report argued against the creation of separate National Guard Bureaus for the Army and Air Force as
being unnecessary, but the Bureau's structure and operating procedures must conform to the joint
operating policies of both services."
The Miltonberger Board reported that the organizational structure and operating procedure of the NGB
were inconsistent with staff principles. In the spring of 1950, changes were implemented to reform the
Bureau's organization and operating procedure. In effect, these changes gave more authority to the
directors of the Army and Air National Guards, and reduced that of the Chief of the Bureau itself
(especially in relation to the Air Guard - although this would be changed when an Air Guardsman became
chief of the Bureau). Also, in May 1950, under Special Regulation 10-230-1 the new position of Deputy
Chief of the National Guard Bureau was created. The regulation authorized a Major General in the Air
National Guard for the position of Deputy Chief. Earl T. Ricks was the first to hold this office.
The two men responsible for the great upheaval in the Bureau's structure eventually left. General Cramer
was relieved at his own request to assume duties as commander of the 43rd US Infantry Division upon its
induction into Federal Service on September 8, 1950. General Finch was reassigned to the United States
Air Force onSeptember 25, 1950.
On August 6, 1958 Congress passed a bill for the organization of the Department of Defense. Among this
Act's resolutions was an order to make the NGB a Joint Bureau of the Departments of the Army and the
Air Force. It stated that the CNGB headed the Joint Bureau and acted as adviser to the Army Chief of
Staff and the Air Force Chief of Staff on National Guard matters. This Act was implemented by AR 1305/AFR 45-2, July 10, 1959. Under these provisions the Army Division was designated "Office of the
Assistant Chief, NGB, for Army National Guard", and the Air Division was designated "Office of the
Assistant Chief, NGB, for Air National Guard."
These offices were designated again in 1970 by a change to AR 130-5/AFR 45-2 which changed the titles
of the Assistant Chiefs, NGB, for Army and Air National Guard, to "Director, Army National Guard" and
"Director, Air National Guard." These positions remained Major General positions. Additionally, these
changes authorized the creation of a Deputy Director for the Army and Air National Guard, each in the
grade of Brigadier General.
In 1979, the Chief of the National Guard Bureau, LaVern E. Weber, received a third star as a result of a
concurrent elevation of the CNGB position from major general to lieutenant general. Five other Chiefs
have since held this rank and office. In 1988, the position of Vice Chief, NGB was created. John B.
Conaway, at that time a major general, was nominated and appointed to fill the position. He had
previously served as Director of the Air National Guard since 1981. In February 1990, General Conaway
assumed the position of Chief, National Guard Bureau and was promoted to the rank of lieutenant
general. In August 1998, Maj Gen Russell C. Davis, became only the third Air National Guardsman to
hold this highest position in the National Guard Bureau.
Modern National Guard
From its small beginnings as an office in the Adjutant General's Office, the National Guard Bureau has
grown into a major staff and operating agency in the Department of Defense. Its personnel have also
substantially increased from one officer and four clerks to a present total of more than 400 officers,
enlisted personnel, and civilians.
Today, the mission of the National Guard Bureau is to participate with the Army and Air Force staffs in
programs pertaining to the National Guard. The NGB is responsible for administering programs for the
development and maintenance of Army and Air National Guard units in the 50 states, the Commonwealth
of Puerto Rico, the District of Columbia, the Virgin Islands, and Guam. Finally, the National Guard Bureau
is a channel of communications between the states and the Departments of the Army and the Air Force.
For more than 80 years the National Guard Bureau has experienced many changes and important
historical events, most notably four wars, the post-World-War-II reorganization of the National Guard, and
the creation of a separate Air Force.
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This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not
checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely
information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free
Documentation License.
http://www.history.army.mil/documents/1901/Root-NG.htm
http://lccn.loc.gov/96190993
1. The Rise of the National Guard: The Evolution of the ... - Amazon.com
www.amazon.com › Books › History › Americas › United States
The Rise of the National Guard: The Evolution of the American Militia, 1865-1920(Studies
in War, Society, and the Militar) [Jerry Cooper] on Amazon.com.
2. The Rise of the National Guard: The Evolution of the ... - Google Books
books.google.com › History › Military › General
The Rise of the National Guard describes in thorough detail the evolution of ... TheEvolution
of the American Militia, 1865-1920. Front Cover. Jerry M. Cooper ...
3. The Rise of the National Guard: The Evolution of the ... - Google Books
books.google.com › History › Military › United States
The Rise of the National Guard describes in thorough detail the evolution of the
state... The Evolution of the American Militia, 1865-1920 ... Jerry M. Cooper ...
4. 9780803214866: The Rise of the National Guard: The Evolution of ...
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AbeBooks.com: The Rise of the National Guard: The Evolution of the American
Militia, 1865-1920 (9780803214866) by Cooper, Jerry M.;Cooper, Jerry and a ...
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6. The Rise of the National Guard: The Evolution of the ... - Amazon.co.uk
www.amazon.co.uk › ... › Armed Forces › Special & Elite Forces
The Rise of the National Guard: The Evolution of the American Militia, 1865-1920Studies in
War, Society, and the Military: Amazon.co.uk: Jerry M. Cooper: ...
7. Militia - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Militia
/mɨˈlɪʃə/), generally refers to an army or other fighting force that is composed of ......University
Press (1999) ISBN 0-945636-92-X; Cooper, Jerry M. 1998. The rise of the National Guard:
the evolution of the American militia, 1865-1920.
8. The Volokh Conspiracy » The Dick Act and Gun Control
www.volokh.com/2013/01/25/the-dick-act-and-gun-control/
Jan 25, 2013 – The first federal statutes governing the Militia of the United States were enacted
in 1792. ... including the Dick Act, is Jerry M. Cooper, The Rise of the National Guard: The
Evolution of the American Militia, 1865-1920 (2002).
9. Independence Institute: Jon Caldara » Militia
www.joncaldara.com/category/militia/
Jan 25, 2013 – The first federal statutes governing the Militia of the United States were enacted
in 1792. ... including the Dick Act, is Jerry M. Cooper, The Rise of the National Guard: The
Evolution of the American Militia, 1865-1920 (2002).
10.
The Rise of the National Guard: The Evolution of the American ... Page 192 - Google Books Result
books.google.com/books?isbn=0803264283
Jerry Cooper - 2002 - History
The Evolution of the American Militia, 1865-1920 Jerry Cooper ... Charles Johnson Jr. ,
African American Soldiers in the National Guard: Recruitment and ... See Jerry M.Cooper,
with Glenn Smith, Citizens as Soldiers: A History of the North .
The Militia Act of 1903 (the name cited is incorrect), dealt with the structure of the National Guard. It did
not invalidate gun-control laws.
The Act is just legislation and not a constitutional amendment. In the federal government, legislation cannot
forbid other legislation in the future. If a law is passed today that contradicts a law passed years ago, then
the new law prevails. Only a constitutional amendment -- or a Supreme Court opinion interpreting the
existing text of the Constitution -- could bar particular types of future legislation.
Federal legislation does trump contrary state laws, so if Congress and the President ever forbid gun-control
laws at the state level then those laws would have to yield - unless such a federal law would be declared
unconstitutional, of course.
Here is an article summarizing the Act by the Army's Acting Asst AG at the time that was published in 1903
and is interesting to review.
The Militia Act of 1903
LTC James Parker, USA, Acting Asst AG, The North American Review, Aug 1903
http://www.jstor.org/stable/25119439?seq=1
This article on the evolving militia/National Guard roles and laws from the US Army's Center for Military
History, which discusses the Militia Act of 1903 and its amending in 1908, as well as the National Defense
Act of 1916, is also worth reading.
THE ROOT REFORMS AND THE NATIONAL GUARD
Wm Donnelly, CMH
http://www.history.army.mil/documents/1901/Root-NG.htm
Richard
__________________
A Special Forces soldier does what little boys dream of and what men wish they could do. . . An old Special
Forces soldier remembers what it was like with every ache and pain in his body and would do it all again for
love of country, but most importantly for the bond of brotherhood on an A-Team...
"A lot of folks want to wear the beret, but only a few want to carry the rucksack." COL AJ 'Bo' Baker
History warns us. Legend fascinates us. Imagination drives us.
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The "Dick" bill and comments : H.R. 11,654, "a bill to promote the ...
LC control no. 96190993
Type of material Book
Main title The "Dick" bill and comments : H.R. 11,654, "a bill to promote the efficiency of the militia and for
other purposes," to supersede the archaic militia laws enacted in 1792.
Portion of title H.R. 11,654, "a bill to promote the efficiency of the militia and for other purposes"
Published/Created Brooklyn, N.Y. : Executive Committee of the Interstate National Guard Association, 1902.
Related names Dick, Charles, 1858-1945. » More like this
Interstate National Guard Association. Executive Committee. » More like this
YA Pamphlet Collection (Library of Congress) DLC » More like this
Description 30 p. ; 23 cm.
Subjects United States--Militia. » More like this
Series Publication ; no. 4
Publication (Interstate National Guard Association. Executive Committee) ; no. 4. » More like
this
LC classification YA 17923
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http://www.history.army.mil/documents/1901/Root-NG.htm
http://en.wikipedia.org/wiki/Militia_Act_of_1903
The Dick Act And Reorganization: (1903-1908)
Part of the State Guard on Duty at Jackson in Breathitt County, KY in 1903. Embedded
image caption information reads from left: Maj. Epph Lillard, 2d Inf. K.S.G.; Adj. Gen. D. R.
Murray; Detail from Artillery Battalion; Lt. Robt. G. Gordon Battery A.; Part of the State
Guard on duty at Jackson, Breathitt County, 1903.
After political calm had been restored there was a reorganization of
the Guard and an updating of the armaments. In 1903 Congress
enacted a Militia law that was similar to that which Kentucky had
already adopted. The new law embraced all males from 18 to 45
and divided them into organized militia of the State; the remainder
was considered to be the inactive Militia subject to call. As part of
this reorganization 200 men were assigned to each congressional
representative and the President of the United States was given the
power to call up the State's Guard when he deemed it necessary.
The purpose of this act was to add uniformity to the various State
Guard organizations. In compliance with this act the Federal
government made an annual appropriation of $1 million to each
state for purposes of maintaining its military force.
In sum, the provisions of the bill, essentially a compromise,
eliminated once and for all time the archaic Militia Act of 1792. It
divided American male citizenry into two classes: the National
Guard (Organized Militia), and the Reserve Militia, in which were
lumped all other male citizens between the ages of 18 and 45.
National Guard organization, armament, and discipline were to be
identical with those of the Regular Army. Federal pay was granted
for summer training camps and other activities, including joint
maneuvers with the Regulars; drill and instruction periods were to
take place at least twenty-four times a year. Regular officers were
to be provided as inspectors-instructors. As to the Reserve Militia,
this legal function at least perpetuated the original colonial concept
of universal military obligations.
Meanwhile, a number of other things of interest to the Guard had
also occurred. During 1908 a Division of Militia Affairs was created
in the War Department. At first the Division was under the
supervision of the Secretary of War. As a General Staff unit it
supervised and transacted all business relating to the organized
Militia, including assignment of Regular Army instructors and
inspectors, except when in the Federal service. The Adjutant
General of the Army formerly handled these activities. This unit
would later become the National Guard Bureau.
Also in 1908, by an amendment to the Dick Bill, Congress lifted both
the nine-month limitation on Federal Militia service and the
restriction forbidding National Guard service outside the continental
limits of the United States. However, it was apparent that the
Guard, despite the goodwill of its uniformed membership, was still
limping. A report by the Secretary of War in 1910, an analysis
drawn by the Army War College and supported by statistical data,
submitted on order from Congress, summed up the Guard's
deficiencies: inadequate strength, insufficient arms reserve, and
lack of combat balance of forces. Its pessimistic conclusion stated
that "It is apparent that we are almost wholly unprepared for war.
The things we need will take the longest to supply."
Postcard circa 1909 courtesy KHS
From 1905 through 1908 farmers formed an organization in
Kentucky known as The Planter's Protective Association whereby
tobacco was pooled in order to obtain better prices. Those who
would not subscribe to this organization often incurred the wrath of
the so-called "Night Riders" who were known for their violent
measures. Almost every company of the Kentucky State Guard saw
active service in order to curb the numerous hostile acts that were
associated with these "Night Riders." The Black Patch in the Black
Patch War was a slang term for Western Kentucky where "black"
tobacco was grown.
The period between the passage of the Dick Bill and the entry of the
United States into World War I might well be called the heyday of
the peacetime National Guard. The majority of units were housed in
comfortable armories whose drill floors accommodated not only
military training but also the social functions that had become part
of the club-like atmosphere. Wives, sweethearts and friends
crowded the dance floor on these occasions, while even the weekly
drill sessions had their social side, for families and friends gathered
in the galleries to watch.
Most of the mounted outfits, cavalry, field artillery, and signal corps,
all of whom prided themselves on their horsemanship, performed
weekly in tanbark rings in a horse show--rodeo atmosphere. Guests
thrilled at Roman riding: men standing on two- or three-horse
teams. They gasped when limber bareback riders dismounted at the
gallop to leap up again, sometimes spanning the broad backs of
several animals. They cheered when opposing teams played
mounted basketball or wrestled one another. Agile troopers swung
slashing sabers at leather heads atop posts or, going full tilt,
speared tent pegs with lances. A few cavalry units boasted polo
teams, the mounts provided by well-to-do members. Highlights of
the field artillery drills were, of course, the mounted battery
maneuvers where guns, limbers, and caissons rolled on the tanbark
in a medley of thudding hooves and spinning wheels.
http://kynghistory.ky.gov/history/3qtr/dickact.htm