(3) Is an opinion that is rendered by the department commander to a member of the department council of administration of the same force and effect as an opinion rendered at the request of a camp commander, as provided in paragraph "e" of section 161 of the rules and regulations, or should a member of the council of administration submit a question for decision to the department commander through his camp commander? Official decisions should be requested and rendered through regular channels.

This third question is the only one that is submitted in this record that comes rightfully, in this instance, to the judge advocate general, because the first and second questions are purely local in their nature and relate to procedure under department by-laws and therefore should, at least in the first instance, be submitted to the judge advocate of the department under section 168 of the rules and regulations. In 1921, Judge Advocate General Haunson correctly stated the method for bringing a matter before the judge advocate general for an opinion, in the Filip case which came up from Maryland, wherein he held, "The judge advocate general is a court of appellate jurisdiction, and not of original jurisdiction." (Page 47, Proceedings, 23d National Encampment.) In that Maryland case, the method is defined for bringing appeals and grievances to the judge advocate general through regular channels that is, through the camp commander-to the department commander, who should first refer the matter to the judge advocate of the department for advice, then if the decision of the department commander be appealed from it should be transmitted to national headquarters where the commander in chief will refer the same to the judge advocate general who will either approve or reverse the opinion of the judge advocate of the department, stating his reasons for so doing. Except as specifically provided in the rules and regulations, matters should come up from members through the camp commander to the department commander, and then after advice from the judge advocate of the department, appeal may be taken to the commander in chief or to the committee on appeals and grievances who may refer the matter to the judge advocate general. It is recommended that this matter be remanded to the department commander for appropriate procedure as indicated, if desired; accordingly the record is herewith returned.

OPINION No. 13

By-laws adopted by the Department of Kentucky at the stated convention held at Louisville, May 6, 1925, have been submitted through regular channels for approval of the commander in chief.

These by-laws appear not to be in conflict with the constitution, rules and regulations, 1920, except as to section 1 of article 10 of said by-laws wherein the per capita tax for use of the department is fixed at 60 cents; and such per capita tax having been authorized by enactment of the national encampment in the year 1923 as reported in Resolution No. 88 in the published proceedings of the stated convention of the twenty-fourth national encampment, accordingly these by-laws of the Department of Kentucky are approved.

The by-laws are herewith returned for the approval of the commander in chief.

OPINION NO. 14

Seven amendments to the by-laws of the Department of Illinois, adopted at the twenty-second annual encampment on June 12, 1925, at Decatur, have been submitted through regular channels for approval of the commander in chief.

These amendments do not conflict with the constitution nor the rules and regulations, accordingly the same may be approved by the commander in chief.

OPINION No. 15

There has been submitted through regular channels for approval of the commander in chief a set of by-laws, consisting of sections numbered from 1 to 19, inclusive, by the Department of Missouri.

Section 3 thereof is in conflict with section 153 of the rules and regulations, in so far as said by-laws state that 10 members shall constitute a quorum. A majority of the members of the department council of administration shall constitute a quorum. (Sec. 153, Rules and Regulations.)

Section 7 of these by-laws exceeds the rules and regulations in so far as same confer decision in the council of administration and vests power in the department commander by his special order to raise revenue from other sources than is authorized by the rules and regulations. Authority to raise revenue is vested in the department encampment itself under the rules and regulations. (Secs. 186 and 187, Rules and Regulations.)

Section 15 would place discretion in the council of administration not authorized by the rules and regulations. The department adjutant and department quartermaster shall give bond for the faithful performance of their duties as prescribed by the rules and regulations. (Secs. 165q and 166n, Rules and Regulations.)

Section 19 would vest authority in the department council of administration and in the department commander not authorized by the rules and regulations. Department by-laws may be added to or amended only at stated conventions of the department encampment by a two-thirds vote, subject to approval by the commander in chief. (Sec. 191, Rules and Regulations.

In other respects these by-laws do not conflict with the constitution and rules and regulations, and when same are modified to meet the above stated requirements these by-laws may be approved by the commander in chief.

OPINION No. 16

Proposed by-laws for Theodore Roosevelt Camp at Fargo, N. Dak., unattached, have been regularly submitted for approval.

These by-laws to which this opinion is attached appear not to be in conflict with the laws of the national organization, but reference therein is made to the Rules and Regulations, 1910, whereas as noted thereon reference should be made to the Rules and Regulations, 1920. Upon correction of the references in these by-laws so as to refer to the Rules and Regulations, 1920, they may be approved by the commander in chief.

OPINION No. 17

By-laws for Lawton Camp No. 3 at Dickinson, N. Dak., unattached, have been submitted for approval.

These by-laws are in accord with the model code of by-laws for camps adopted by the Twenty-sixth National Encampment at Michigan City in September, 1924, and the same should be approved by the commander in chief.

The copy of said by-laws submitted is herewith returned.

OPINION No. 18

Proposed by-laws for the Department of Ohio are submitted for approval.

Sections 4 and 5 of Article VI of said proposed by-laws conflict with section 156 of the Rules and Regulations, 1920. The present. rules and regulations prescribe that the department adjutant shall be appointed by the department commander. (Sec. 156, Rules and. Regulations, 1920.)

In the said proposed by-laws several references are made to sections and articles of the rules and regulations adopted in the year 1910 superseded by the Rules and Regulations of 1920. These bylaws should be made to conform to the Rules and Regulations, 1920, and all references should be to said rules and regulations as indicated in lead-pencil notation on said by-laws.

When these by-laws have been modified to conform to the Rules and Regulations, 1920, as indicated they may be approved by the commander in chief.

OPINION NO. 19

The department commander of Missouri states that in the past there has been some dispute between the department commanders and the municipal council of the organization at St. Louis, that at different times certain members of the council claimed that a department officer had no authority and they have also refused to abide by the orders of the department commander, and he asks for a ruling on the question of authority of the department commander in connection with handling such observances as Memorial Day and other affairs.

In Opinion No. 1, series 1923-24, the judge advocate general held that municipal councils must have the sanction and approval of the department under which they operate. Councils shall arrange for the observance of Memorial Day and such other occasions as call for the participation of the constituent camps that compose the council and perform such other duties and exercise such general powers as may be specified in the by-laws thereof, but councils shall not encroach upon the duties or powers prescribed for the national encampment or national officers, nor, if within the territorial limits of a department, upon the duties or powers prescribed for the department encampment or department officers. (Sec. 125, Rules and Regulations.) A municipal council has no authority or duty other than that stated in the rules and regulations and as may be prescribed by

the by-laws thereof which must be approved by the department commander, or, if the constituent camps are unattached, by the commander in chief. (Sec. 128, Rules and Regulations.)

The communication from the department commander is herewith returned.

OPINION No. 20

The opinion of the judge advocate general is requested pertaining to proposed by-laws of the Department of Texas, submitted to the commander in chief for approval.

These by-laws appear consistent with the laws of the national organization, except as to the word "white" inserted at the end of the first line of section 1 of Article II thereof, relating to the composition of the department. In Opinion No. 1, series 1921-22, the judge advocate general held that a by-law of Lee Forby Camp No. 1 of the Department of Nebraska was inconsistent with the supreme law of the organization, in so far as it sought to limit eligibility to "white males," and that, to the extent of such inconsistency, the said by-law was invalid; but this holding does not challenge the right of a camp to maintain an exclusively white membership by the use of the ballot or by other lawful means. (See page 42, Proceedings, 1922, National Encampment.) When a department is organized, the camps composing the department, by the use of the ballot and other lawful means, may control the character of membership and likewise when a new camp is instituted and brought into the department the same kind of lawful means are available to the department to control its composition.

Department by-laws must be consistent with the rules and regulations, and when officially constituted the department and all camps then and thereafter located within the territorial limits specified in the charter shall be and remain under the jurisdiction of such department so long as the charter thereof shall remain unrevoked, except as provided in section 134 of the Rules and Regulations. (Sec. 136, Rules and Regulations.) Section 134 of the Rules and Regulations provides for negro departments to be organized as separate from regular departments whenever it shall appear that the interests of the organization will thereby be advanced. Unattached negro camps, within the territorial limits of any regular department, may be organized by the national organization, and such unattached negro camps will stand in the relation of other regular unattached camps to the national organization until such unattached negro camps shall become a constituent part of a negro department, as provided by the rules and regulations.

The by-laws submitted are for the regular department organization of Texas, and it is the opinion of the judge advocate general that the word "white" found in the first line of section 1 of Article II of the proposed by-laws should be stricken out, and when that has been done the commander in chief may approve these by-laws.

OPINION No. 21

Approving by-laws for the department of Louisiana.

OPINION No. 22

From the facts patent on the face of the record in this case, it is clear that the committee on appeals and grievances correctly sustained the findings and decision of the judge advocate of the department of Iowa in the matter of the appeal of Comrade Senior Vice Commander J. F. Broderick, of Cronin-Dexter Camp, No. 28, Department of Iowa; and therefore the judge advocate general concurs in the holding of the department commander of Iowa, based upon the opinion of the department judge advocate and the report of the committee on appeals and grievances of said department.

Accordingly, it is respectfully recommended that the commander in chief sustain the holding of the department commander of Iowa, for the reason stated in the opinion of the department judge advocate, upheld by the report of the committee on appeals and grievances and set forth in the record.

Yours respectfully in F., P. and H.,

OTTO W. MEIER,

Judge Advocate Generai..

REPORT OF THE NATIONAL HISTORIAN

AUGUST 25, 1925..

Comrade C. W. HERRICK,

Commander in Chief, United Spanish War Veterans. COMRADE: I have the honor to submit my report as national historian for the term 1924-25, and hope to supplement this report by an exhibit of the collection in my custody which has loaned, donated, or otherwise furnished this bureau of history and memorials if arrangements can be made with the encampment committee at St. Petersburg.

My endeavors this year have been mainly to get department historians to compile the history of the organization of their department, giving date of institution, names of the department commanders, and year of service, and of those deceased, names and date of institution of the camps in the department, and a complete roster of the membership. This roster of membership of camps should comprise besides the name and address of the comrade, his regiment, troop, or ship, and company. This data will be of great value to comrades or their dependents in securing evidence for pensions. I have received a great many inquiries for information along these lines, and if each camp would furnish the department such a roster it would be a great help to our comrades.

Ás will be noted by reference to the proceedings of the twentysixth national encampment this work has been started but is incomplete, and if each department historian this year will make special efforts to get this data it can be complete in next issue of the proceedings.

I have received reports of the following departments either from department historians or adjutants: Alabama, Arkansas, California, Colorado and Wyoming, Connecticut, District of Columbia, Florida, Georgia, Illinois, Iowa, Kansas, Massachusetts, Michigan, Min