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THE HOME GUARD
TUESDAY, AUGUST 13, 1940
UNITED STATES SENATE,
Washington, D. C. The committee met, pursuant to call, at 10 a. m., in the committee room of the Committee on 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 made a careful study of the question and he has very kindly consented 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 CHURCHILL. Well, I will discuss Senate bill 4175, specially, and refer to the other bills generally.
The CHAIRMAN. Very well. The bills then are S. 4175, S. 4131, S. 4138, and S. 4062.
Colonel CHURCHILL. Yes, sir.
The CHAIRMAN. We will set forth the bills in the record at this point.
(The bills are as follows:)
[S. 4175, 76th Cong., 3d sess.]
A BILL To amend section 61 of the National Defense Act of June 3, 1916, by adding a proviso which will
permit States to organize military units not a part of the National Guard, 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 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 such unit, be exempted from military service under any Federal law,” so that the amended section will read:
“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, 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 such unit, be exempted from military service under any Federal law."
(S. 4131, 76th Cong., 3d sess.) A BILL To amend the National Defense Act, as amended, by adding thereto section 127 (b) providing for
a National Industrial Defense Corps, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Defense Act, as amended to date, be amended by adding thereto the following:
“Sec. 127. (b) (1) This section may he referred to as the “National Industrial Defense Corps Act of 1940”.
“(2) It is the intention of Congress to afford to those individuals who, in time of stress, are engaged in industries that are essential to the national defense, an opportunity to assist the Government and themselves by protecting their places of employment against subversive, treacherous, or unlawful activities, and for this purpose to authorize and create a special limited-service component, of the Federal forces to be known as the National Industrial Defense Corps, hereinafter denominated N. I. D. C.
"Whenever, during the continuance of the wars in Europe and elsewhere abroad that are now being prosecuted, during which continuance, for the purposes of this section 127 (b) only, an emergency is declared to exist, or whenever, after the termination of such wars, the President shall have exercised his authority to call out or order into service of the Government of the United States of America for military or naval service, forces in excess of those regularly maintained by such Government, any group of citizens, not less than five in number, who are at the time actually employed in industry, shall have the right to file with the commander of the corps area in which their place of employment is located, an application for the formation and establishment of a unit, or units of the National Industrtal Defense Corps which is hereby authorized to be organized under and in accordance with rules and regulations not inconsistent with the provisions of this section 127 (b) to be established and promulgated by the President or under his direction: Provided, however, That pending the promulgation units so applied for by applications that conform to the requirements of this section 127 (b) shall be organized, and, if so organized, such rules and regulations of the President, when promulgated, shall apply to them to the same effect as if organization of the units had not preceded the promulgation of such rules and regulations.
“(4) Any such application shall state, in addition to that which may be required by such rules and regulations, the following:
"a. The location of the workshop, plant, factory, establishment, industry, or the like, with a complete description thereof, showing the metes and bounds of the land occupied.
“b. The articles or commodities produced or intended to be produced thereat.
"c. The names, position occupied, office, and home addresses, with telephone numbers of each executive in the business involved.
“d. The same information as to each of the individuals who make and sign the application, and, in addition, the place and date of:his birth, his race, whether a native-born or naturalized citizen of the United States, and, if naturalized, when and where naturalization was accomplished; also his prior military experience, if any.
“e. That each person who signs the application is familiar with the provisions of this section 127 (b) and is willing to enlist in the National Industrial Defense Corps for the duration of the emergency and faithfully serve therein, in accordance with such provisions and with any rules and regulations promulgated by the President thereunder.
“f. Each application shall also state with particularity, how the work in the concern involved is subdivided (1) as to plant and group subdivisions; (2) as to office and clerical group subdivisions; (3) as to shifts of work; (4) as to hours of work; (5) as to number of men in each; (6) area in which each group works; (7) number of superintendents, managers, or foremen in each group; (8) that the application has been submitted to the chief executive official of the concern involved; (9) the reasons why the applicants believe the concern involved should be considered as an industry essential to the national defense; and (10) that applicants believe that a sufficient number of employees of their concern, including themselves, will enlist in the N. I. D. C.
“(5) Each such application shall have endorsed thereon the statement of the chief executive officer of the concern involved, showing
"a. that he has familiarized himself with the provisions of this section 127 (b);
“b. that he has carefully investigated, or has caused to be so investigated, the application and the individuals signing it, and, as a result thereof, certifies the statements therein to be true or false, or partly true or false, as the case may be, giving the facts as found;
"c. his opinion, after investigation, concerning each person signing the application, as to his sobriety, patriotism, discretion, and suitability as a member of N. I. D. C.; and
“d. whether or not his board of directors or other governing body join in such application with the understanding that they will be called upon to pay
to the United States Government the fees provided for in this section 127 (b). “(6) Upon receipt of any such applications, the corps area commander, if it be not endorsed as provided for in subdivision 4 above, will transmit it to the appropriate executive officer requesting such endorsement and defer further action until it is received. After receipt of the application and endorsement, if it appears that the board of directors or other governing body do not join in the application, the corps area commander will return the application after marking thereon his disapproval thereof. Otherwise the corps area commander will, as expeditiously as possible, make or cause to be made, such an investigation of the application as he deems appropriate, and then forward to direct to The Assistant Secretary of War after endorsing thereon his statement showing
"a. with reference to each person signing the application, that he does of does not believe him suitable for enlistment in N. I. D. C.
“b. that he does, or does not, believe that if a unit, or units of N. I. D. C. is authorized under the application, a sufficient number of employees, suitable for such enlistment, will volunteer to enlist in such unit, or units.
"c. whether or not he believes that suitable individuals with prior military experience are employees of the concern involved and that the number of those needed as officers of the unit, or units, will volunteer.
“d. the total number of enlistments that, in his opinion, should be accepted
under such application. The Corps Area Commander will make no recommendations as to whether or not the application should be approved.
“(7) Upon receipt of any such application, The Assistant Secretary of War will as expeditiously as possible taken such action thereon as may be directed by the President,
"(8) If the President shall find and declare with respect to any such application made in compliance with the terms of section 127 (b), that the concern involved therein is an industry essential to the national defense, he is hereby directed and empowered from time to time to create, organize, direct, control, and discipline, and to modify, abolish, and recreate a unit or units of N. I. D. C. under said application to be governed by such rules and regulations not inconsistent with the terms of this section 127 (b) as he may prescribe and promulgate: Provided, however, That if at any time the board of directors or other managing body of a concern which has approved any such application shall be in default in the payment of the fees herein provided to be paid, and shall so remain for a period of ninety days, or whether or not so in default, if such governing body shall notify the President in writing that it withdraws its approval of the application under which a unit, or units of the N. I. D. C. was or were organized, the units so involved shall be disbanded by the President and the members thereof shall be discharged from their enlistments.
“(9) The primary duties of the units and members of the N. I. D. C. shall be to guard and protect their places of work from the activities mentioned in subparagraph (2) above; they may be ordered to and used for other similar duties within the areas defined in their applications for enlistment; but they shall not be ordered or used as strikebreakers, antipickets, nor in any other manner, except to prevent or suppress unlawful acts, in any dispute between employer and employees.
*(10) No person shall be enlisted in N. I. D. C. unless he is a citizen of the United States above the age of twenty-one years and employed by or occupied in an essential industry so declared by the President.
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“(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 accompanied by proof as to character and employment, certified to by at least two fellow employees and by a responsible officer or official of the applicant's employer, 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 enlistment before a competent authority, upon the doing of which he shall become and be a member of N. I. D. C., namely:
“ 'I do acknowledge to have voluntarily enlisted this day of ber of the National Îndustrial Defense Corps, under the conditions prescribed by law, for the duration of the existing emergency, unless sooner discharged by proper authority. And I do 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 enemies 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 me according to law and the rules and Articles of War.' “(12) Such enlistments shall be terminated
"a. Coincident with and upon the termination of the emergency under which the enlistment was made, when and as declared by the President;
“b. Upon discharge under sentence of court martial;
"c. Upon discharge to enable a member to enlist in the Regular Army or National Guard, which is hereby authorized;
“d. Upon discharge granted by order of the President upon the member's application for good and sufficient cause, which is hereby authorized;
"e. Upon discharge when a member leaves his employment in a concern determined by the President to be an industry essential to national defense without entering another such industry, which discharge is hereby authorized; or
"f. Upon discontinuance, under order authorized by the President, of the unit of N. I. D. C. of which the individual is a member, which discharge is hereby authorized. “(13) In each instance the discharged member, except when discharged by sentence of court martial, shall be given a discharge certificate indicating the fact, executed as may be provided for by the rules and regulations established by the President.
“(14) The President is authorized, and, in the interim between the adoption of this section 127 (b) and the President's action hereunder, the commander of the corps area within which the concern affected by any such application shall be located, is authorized to stipulate what proportion of the members of the unit or units of N. I. D. C. organized under any particular application may be authorized as hereinafter mentioned, and the proportion so provided for shall be and they are hereby authorized and empowered 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. D. C. are hereby authorized and empowered at all times during the continuance of their membership in N. I. D. C., to exercise and perform in and about their places of duty as such members, and not otherwise, the authority, powers, and duties now, by statute, given to and placed upon United States marshals, and any such member shall not be accountable to any person in damage or otherwise for any act done or force used in and about the performance of such duty and the exercise of such power or authority: Provided, however, That unless exceptional circumstances are determined by the President to exist in the 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. D. C. are authorized shall be permitted to bear arms: Provided, further, That when exceptional circumstances exist as proclaimed by the President, be shall also proclaim what proportion of such employees shall bear arms.
“(15) Such arms as are borne by any such members shall be furnished by them or to them without cost to the Government of the United States: Provided, however, That all such arms shall be registered as shall be, from time to time 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 unlawful 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 enlistments in N. I. D. C.
"(18) Each prospective member in N. I. D. C. who makes application for enlistment therein shall state in addition to what is above provided, the area in which he volunteers to perform his duties, and no member shall be called upon or required 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 by the President hereunder, the appropriate corps area commander, may assign to temporary pr permanent duty with any one or more N. I. D. C. units within a corps area, 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, may 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, however, 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. I. 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 command them, to assign such officers to a unit or group of units, to prescribe the chain of command and the channels of communication and, in general, to command, supervise, and control, under authority of the President, the conduct, 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 the military forces of the United States whose permanent retention in the service is not contemplated by law. They shall be tried for offenses punishable 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 courts martial to try members of N. I. D. C.
"(22) Each industrial concern which approves an application for the organization 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 continue 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, and for no other purpose,