Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1846-08-28
ATTORNEY GENERALS OFFICE,
Columbus, Aug. 17th, 1916.

SR:-I have considered the questions submit
ted for my opinion as to the present condition Of
our military system.
Whether at this time, the rank and file of the
militia are to be mustered and trained under the
provisions ofthe law of March, 1887; and if so,
whether the training of the volunteer militia un-
der the law of March, 1914, is also to be kept
up?
The 6rstsecton of the act of March, 1843, de-
clares thereafter the training of the rank and
file shall be dispensed with in time of pcace.-
The act then provides for the enrolling of all the
able bodied white male inhabitants resident with
in the State, between the ages of2l and 45years,
excepting members of volunteer companies, per-
sons absolutely exempt, and idiots and lunatcs,
which roll is to be made out by the Township
| Assessors, and is, by transmission through va
rious officers, to be finally returned to the Adju
tant General of the State.
| The 9th section leaves it optional with every
person so enrolled, to become a member of u
volunteer company, or pay annually, as a COM
intuition for military duty, the sum of fifty cents
or perform two days labor (reduced to one day,
by the act of Feb, l845,) on the public high
ways.
| The act then further provides that the acting
pancs, raised at large, by order of the comman-
dant of brigade or division, to be composed of
men between the ages of 18 and As years; and
to be organized into battaions and regiments,
and oflicered as provided by law. This volun-
toer force is first to be ordered into service in
case of war.
As to the enrolled militia the 10th section of
the act provides, that whenever they are ordered
for actual service, they shall forthwith be organ
lied into companies, batalions and regiments,
and officered as required by law.
The 37th section provides that the commits
stoned officers of all companies or regiments eX-
empted from military duty by this act may hold
their companies for five years, from the date of
the act, and may at their option attend the bri
gade musters and thereafter be exempt from mi
Iitary duty in time of peace and from the COM
mutation tax.
The 38th section repoals so much of the act
of March, 1887, as is inconsistent with this act.
There can be no question that the act of
March, 1914, quite takes the place of March,
1897 so far as organization and active duty in
time of peace is concerned, and substitutes the
volunteer system for the old militia. The diff
Guilty at the present time arises from the provi-
sion in the first section of the act of 1914, which
dispenses with the training of the militia at large,
in time of peace, and the provision in such time,
for commutation of money or labor for military
service.
The country being now in an acknowledged
state ofwar, it would seem to have been the in
tenton of the law that the training of the militia
should be resumed. The act of 1887 not being
Internationally repealed by the act of 1914,
there would be no difficulty in considering the
old law now in force, in so far as the training OF
the militia is concerned, but when we carefully
; examine the various provisions of the two acts
it will be found that the entire organization of the
militia is broken up. There are no longer any
companies, or regiments, or officers of companies
, or regiments, excepting such as may choose tC
hold their commissions and attend the brigade
musters of the volunteers for five years, with Q
view to exemption. What these officers are tc
, do at the brigade musters, beyond being presen
at them, it is impossible to see, as they have nc
command or duty assigned them.
, 1t would seem, therefore, that there can be nc
training of the militia without reorganization
f and the only special provision for new or
ganization into companies, to be found in the
law of 1914, has reference altogether 10 a cal
into actual service.
, As to the volunteer force, it is very certain
their training is to continue Notwithstanding the
country is in state of war. This not only re-
> suits from the absence of any provision dispens
. ing with such service at such juncmre, but i.
D yet more evident from the provision of the 14tf
= section, that the volunteer militia shall be frs
: ordered into service in time of war.
I There is further question connected with
' this subject upon Which | have heretofore cx
pressed an opinion, and that is as 10 the commu
+ talon of money or labor on the highway, Hay