Show SERGEANTS REFUSAL ru SAL TO ATTEND H C H judge rules that chat an officer may be required soldiers to and from church I 1 peb 3 the text of the opinion of of judge advocate davis of the army in connection with sergeants refusal to obea obey orders at columbus ohio barracks to attend catholic services for which r refusal u the war department nt ordered the sergeants reduction and transfer to another post show the following ques tion submitted to the secretary of war by the tile commanding officer of the recruiting depot a at columbus barracks t 4 Is an order directing a soldier of a command by the commanding officer thereof to attend divine worship hp in a church in which he was brought up and who had no conscientious scruples against attending such services so manifestly illegal as to warrant such soldier in deliberately violating the same I 1 in his bis opinion juif eAd general davis called attention to the fact that congress id is forbidden by the first amendment to the constitution to make any law respecting an establishment lish ment of religion or prohibiting free exercise thereof he says officers and enlisted men of the army have never boon been required to attend religious services 1 I must therefore conclude that general dayla continues while a post commander lawfully may issue euch such orders as he may deem necessary to secure a proper observance of the tho sabbath it is not competent for him to require officers ofil cers and enlisted men to attend divine services or to promulgate instructions in respect to the observance of the dai which are in excess of or contrary to the require requirements monts of the fifty second article of war As an incident of his authority as post commander however he may require those to attend divine services to form at a designated time and place and to march to and from tho the place where services arc are to be held in a proper military manner he may also require an officer or non commis sloped officer to supervise such formation to marcethe march the command to and from said chapel and to maintain order during the progress of such services such an order does not require tho the offic eror non officer who receives it to take part in ir the worship but only to see that the requirements of the article are observed by those who volun voluntarily taril y attend the case is similar of an officer or commissioned noncommissioned non officer who commands the escor escort tand and firing party at a it military funeral in which the requirements quire ments of the drill orill regulations regulation 3 provide for a particular in the religious services of hiter interment ment it cannot be leall len ll that an order de tailing an officer to sucha uty Is a lawful order notwithstanding the face fac that burial services may be conduct conductor cI by a clergyman of another denomination |