The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-03-04

scene OF aCon, rs ne may Judge necessary 20 repel
such invasion, and TO Issue his orders for that pur
pose TO such officer officers OF the militia as he
shall think proper. And in case of an insurrecuon
I'm any State against the government thereof, |
shall be lawful for the President OF the United
states, on application of the Legislature Of such
State, or OF the Executive when the Legislature
cannot be convenedl, to call forth such namber of
the militia OF any other state or States, may be
applied for, as he may judge sufieent TO suppress
Section 'SThat whenever the laws of the United
ol,structed, 10 any State. By combinations too
powerful to be suppressed by the ordinary course of
arshala by this act it shall be lawful for the Presl-
dent OF the United States TO call forth the militia OF
be necessary to suppress such combinations and
to cause the laws to be duly executed"
The act of Congress of March 3, 1907,
passed during the administration of President
Jefferson, prescribed
'eTbat in all cases OF nsurrection or obstruction
of the laws, either Of the United States or OF any
individual State Territory, where 1t is lawful for
the President Of the United states to call ferth the
militia for the purpose suppressing such insurrec-
ton, or Of causing the laws to be duly executed, 1t
sna be r of % fbs 20 sn employ S IOp S1e c
United States as shall be judged necessary"
This act of 1895 came before the United
States Supreme Court while presided over by
Chief Justice MARSHALL, in 1920, in the case
of Houston agt. Moore 6 Whestons Rep,
d. 15) and Mr. Justice Washington, in de-
live1ing the judgment of the court, said:-
''The Presidents orders may be given to the
Chief Executive Magistrate of the State, or
to any militia officer he may think proper"
Mr.. Justice johnson, in delivering concur
ring opinion in this case, said (page 3D.
Historically it is known that the act of 1895
was passed with view to state
of things then existing in the
interior of Pennsylvania, when it
became probable that the President of the
United States would have to exert the sutho-
! rity of the General Government Immediately
| on detached portions of the officers of the
militia of the Union to aid in the execution
of the laws of the United States" Later, in
1927, the United States Supreme Court, in
the case of Martin against Mott C12 Whea-
tons Rep, p. 19), again ruled that 1.-THE act
of 1875, which confers power on the Presi-
dent to call forth the militia, in certain ext
gencies, is a constitutional law, and the
President is the exclusive and final judge
whether the exigency has arisen." Mr.
Justice Story, in delivering the opinion of
the Court, said (page 37):-''The act of 1875
is not confined in its operation to cases of re-
fusal to obey the orders of the President in
time of public war. On the contrary, that
act authorizes the President to call forth the
militia to suppress Instructions and to en-
force the laws of the United States in times of
peace, recently, in 1869, Judge Mason of
the New York State Court of Appeals, while
delivering the opinion of that highly respect
able court In the case OF Ine Geople agG.
Campbell (40 N. Y. Rep, p. 1869, used this
laDguage;-
Congress, by the act OF February rs, 1875, gave
full power to the resident to Call forth the militia
of the States for the purposes stated TO serve fol
three months, and 10y the act OF july II, 1862 the
time was extended to nine months. The President
il made the sole judge whether the exigency ha:
arisen and this call may he made by the President
upon the State Executive, or by orders to any
subordinate officers of militia
1t is plain from these acts and decisions
q. that when the laws of the State are OBJ
structed, when there is domestic violence
and the State is not, in the Judgment of Its
Legislature or Governor, able to enforce
them with its own power, and applies to the
United States for aid, the President is en-
powered to send into it the militia of the ad
joining Statef, aud g. that where the ques
ton is either one of external danger of re
sistance to the laws of the United States, tn,
Governors are but tho Presidents subordi
mates, and have no part whatever bat such n
he may assign them. The President is the
commander-in- chief of all the forces of the
country, and he can legally aud constitution
ally exercise his authority as such without the
consent or concurrence of any official whatso
ever.