Show WHEN INJURED AT DRILL Question ol Whether the State Is Raspons bli In Such Case Adi Gar1 my It I Net d Adyl h4111n 401inat u C lad 00 he I lirielid i I boreesnt II Raimussen of the Utah rational Guard while at drill on t tin I Srd 01 February last was unloluo enough to fall breaking Ihe little finger of the right hand Rsiinusseu wbo Is I a tailor by occupation I 10 consequence Incapacitated train attending U his regular work In n letter addressed to Adjutant General JGlatiIChnnotis lie akoJ that t he IItl rlmbu a him forth lime bt bd lost through having a broken It agar a-gar Tb quloo 01 whether or riot lb star 0 Ubl a was to ettai 10 tile attorney for A it opinion Tbol Inlo bold that Ilia State I riot reopen a I b Is sod advise he reject on I at tile cllo 1 Tito opinion Is I herewith given I lu loll John Q Cannon Adjutant General ol National UuarJ of Utah HALT LAKH Cny Utah Bit Tbe Ualm ul Brgaul 1 C lUsniuaeen of the National Guards 01 Utah rr Injury received while at drill on the evening 01 Versatility 819 Which wa tglerretl f by you to UI uncIo opinion and 0g0lou has bn dulyouggaildbrojamal Linda in submit I the following Inrelat D l I l tbrrelot I I aoauma tbat you wish Lobe advised whether there xII a lygolhattifity togialmot the State for this China Sea flea I of the military coO Provides Uo oWr or an 01Id mu Is I wounded or otherwise ulOblJ Dr killed or ales Of wooo or other 10 juries rceud While doing duty inactive in-active ustvice I of the Stated be bit widow or chIJrn hall receive front the State loot anti roouubl rIII rule Is Ibo only Iw Which wool J seem to I provide relief Ir I juries sustained and Us Juice pron or oouUou Iholo becomes Important lu the determination determina-tion I of the question Involved Tom whole queetluu would Seem to I turn upoo tun molog 10 be 110011 to me phrase while < Uln duly In active ac-tive aervloe of lheUtateor what instill I in-still mor simple to tbe phrase active merviceso ly tun us 0 1 these word may It be said that the Ijoiilila 10leodoJ that drilling or other engage meuta of tbu Ultima for tile purpoa < of Improvement lad members 10 mill lary BQieocu died ulsill line buld commute active Services and that for every lijury recelv while thus engaged Iblltl should teoperld In damages I am of opinion that suet 0 net the Intention and that liters lure there 10 DO liability agalust the 1110 for Suet claim tcUolI1 aDd 1201 thounallitary cod not only emptia use tall 0010 100 but settlegi It absolutely 1c Uo II The commander 10 cnlf oil it have tower to carry out any portion ol the National United a be may dm necessary 10 rel Invasion to quail inburiecuu aid 10 10 suplitee I visa of riots lo I aid I the civil 1 authorities authori-ties In the eiecutbn of r the laws of Ihe Blair or lu lime of public den gar Bectlou 12 When the National Guard ob1 bt In active service am proldoto CIOD I of this acto I cmmlIDoed tfilcare b1I be paid the Sallie as officare 01 like grade 111 I the regular army 01 Ih United titaterft and than gnomon nd proylaus hloorpllulon bon b rcvd by various ofllcere and other omur of the National Uuard Then 0Uo 12 provide In fleet the when so milieu out lbon no considered 10 bID I b-ID active service 1 Will be observed that In thimbeig flea the Legislature flea defined the word active oorvJcoJ 10 mean only 1lcl be odd who a Iolll CID out by Ibo cmmodlocbl 10 toeing 112TASIOU0 to quell lissurroo lions aid tu The mulothemicul at fill to I aid the civil authorities lu Ihe axe nation ol I its laws uf Ills little or lu lime of public dauger 1 the Legls return 10 using the words active set vice lu I section 1 Intended to limit Its application to Ibo pop Sod circumstances mlood 10 active 110 and of tblswe think there can bono bo-no doubt I I is I fair to presume under the Usidame tat rule of > l statutory constructions tbat when I used the memo words In section sec-tion K It did so In the same None mud Under the same limitation 1 Ibis eoolueln be correct Ibo littler section I no relief I could Le granted either tu a member of the National Guard or to bh widow or children unless the 11jury or ob resulted while in Bellew serviLe 1 I provided Inaction In-action 1 mere being no law authorizing the allowance or payment of 1 the viola 10 question you are advised that tin Santa should te rejected I bave Ibe honor to be Very respectfully youn A C Wallop Attorney General I d6Jdtkrr |