The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-09-04
The Militia Law.
(Chicaeo Times.l


There is the blast of a trumpet, the
hostile rattle of drum, the fierce metallic
notes OF bugle call to arms in the news
from the state capital which the Times
prints this morning in another column. A
perusal of the Springfield telegram will
convince people that the circuit court of
Cook county does not have jurisdiction at
the gubernatorial mansion; or If it does
have, his excellency, the commander-in
chief of the Illinois militia, does not pro
pose to honor its decisions He cites
cases in which circuit courts shave been
guilty of error, and have made decisions
which the higher court has failed 10 sus-
tain. Conscious, then, that circuit court
is fallible, that it may err, if indeed it be
not apt to err in cases where there may be
involved more or less popular feeling, Gov.
ernor Cullom deliberately announces that
he shall proceed to execute the militia law
precisely as if the circuit court of Cook
two Judges dissenting-had not pronouDc
ed the law unconstitutional
Whether this conclusion on the part of
his excellency shall lead to complicated
eDtanglements will depend wholly upon the
shape events may take in the future. 1t
is a suppOsable case that the socialist
organizations might some time come on
the streets 10 great force, with arms and
other accoutrements, and proceed to apply
the torch to the factory of some bloated
capitalist who insists upon retaining a
percentage OF the earnings of bis operatives
rs his share of an operation for which he
furnished the capital An attempt might
be made to stop such proceeding, where
upon their might be fight, and the gov
ernor would be called on for assistance.
he would send up column of troops, who
would capture some communists and lodge
them IN jail. Here, now, is where the diff
Guilty would begin. The men thus captured
would, through Messrs. Rubens ct al, sue
out writ OF habeas corpus before Judge
Barnun, who would, of course, at once
order their release on the ground of lille.
gal arrest; for he would hold that the
troops making the arrest are organized
under an unconstitutional law, and are
therefore, no militia at all but trespassers
He would even have to 90 further
Should a member of the Illinois Nationa
guard. thus ordered into action by the
governor, see communist apply torch
70 building, and tshould he, at the order
OF his superior officer, fire upon and kill
the communist, he would at once be
arrested, aud it his case should come be-
fore Judge Barnum that functlonary
would 40 rule that that soldier would be
convicted of murder, on the ground that
he had perpetrated an illegal act. II
would be the same as it man should
adorn himself with policemans uniform,
star. club and revolver, and should sally
forth and proceed to make an arrest. say
OF burglar caught 10 the act Such
burglar would not only be entitled to i'm
mediate release, but he could institute an
action and collect substantial damages for
false imprisonment against the man who
should make the arrest. So, in case any
OF the regiments now organized should at
tempt to suppress riot, each aud every
member OF them would be liable before
his honor, Judge Barnum, to punishment
Tor murder, or trespass, or whatever might
be the character Of the offense he might
commit while acting as such pretended
militiaman. Thus, in case of an outbreak
in Chicago, it is not unlikely that one may
see Commander-in-C Culom sending
in prisoners at one side of the county Jail,
and Judge BarDum as actively engaged in
letting them out at the other
1t Is understood that Governor Cullom
will remain here during the four or five
days which are to be given up to an ZEN
campment" of so.called militia" Is he
aware OF the fact that, as viewed by Judge
Barnum, he will be engaged in an illegal
undertaking? Cullom claims that the
companies and regiments he proposes to
meet here are legaly-organized bodies.
Judge Barnum has decided that there is
no such law; hence the organizations pa
rading under such pretended law are ex-
istiug in defiance of law. When a man
puts on, without due authority, the uni
FORM and star of policeman, he is liable
10 arrest and punishment; when other
men put on the uniform of the militia and
carry guns and march and keep step like
the militia, when they are not militia, car
not they, by part of reasoning be
also arrested and punished? What guar.
antee, then, have Cullom. Terrence. Hill.
ard and all the line and rank and file Il
the regiments about tc 20 into camn haTe
that Judge Barnum may not order III
ballitts TO arrest them all for contemnt n
court in doing what he has just decided