, 1879-07-29
THE COURTS.
Arguments on the Militia Law
Test Case.
r,. Matter Taken Under Advisement
by the Judges.
,r,o TAYLOR Estate Mntter Once Moro
Under Consideration.
gomo Moro Opinions by Judge Dloagatt--
New suits, Etc.
ruT MILITIA LAW.

Il
., .nnun.Kr or TIE uAnEAs CORPUS CASE
~ Frank pielafcdr, thc Communist who was ar
-.e,ct while drilling in company In vio'a-
tton Of the new Militia law, wnd heard yes
tertlay before Judges l3arnun, Tuey, Rogers,
su5 McA1,ister, The new law provides In eitoct
That no military company shall drill OF carry
arms ia pnblc Without ltccnae from tie Gov"
eruor, Soon aitor the law went ints force. the
1ebr und Wchr. vorcfn had public drll' OF
narode on purpose 10 havo one Of Their mem.
bcre srrestetl, 10 as To have On oppoEtunl'y o.
testing tho law Ia tho courts.
Nr, John N. Crawford, OF the City In" W.
nsrtnept, opened tic argument on behalf ol
;hs city. The State Constitution eoDtaanod no
nroytsion limiting the Legislature IN tts powers
o7er the subject, md the Lecislatars. oens
suprcmc over all rightful subjects of 1eg'aa-
tIon, must have the power 10 provide nov e',,s 'is
militia should b9 oEEanizcu, ann WIZ ".,,t snuut
have the riaht to nssem',le as m. .n. ~ "ris,"
ture could take sway tho right aitogother, mt
That il hna some control over t1e snoleet Was M
TOO clear for argument TIC n ee'sohs so,s " Thc rc
icr,sjpturcs from time to tuo had prov'aea
nenaltlcs Tor wearing or using weapons nnh II naa
never been supposed TINT auen statute was
pnconsfitutlonal. The poWor Of the Lcg'saiure9
uns ntso 10 Do derived from the police powers OF
Inc State, aud wns ah.lnlantly aussatned by the
authorities cited by Cooley Ia his work or Con-
6titut!onAl LtlntatioHs: II MaE aansu 'o.y n.ao ~
riebt, and TINT the Gcucrat Military lay In
paired such obligation OF the coatract W1sn n!a
State by rcnaon OF the chnrter they haa oo-
But al the rights obtalnei tTlcr the Genesnl
Incorporation law WAS TINT Of acting as cor-
porntou. The Legislature always reserved nc
nowcr aud always retained the power Of lcgtslat-
fng with regard to the privileges or iminunitlos
Tint any ncrson acquired by vEtuo at the Cen
ernl Incorporation law. Hero was corporation
composed 9f n1e lfee s1 eausc unaer ue ba
ners, md they stood, in defiance Of the law,
nlrh'tisr than tho State. They cla!mel 70 dc.
eire 10 become American citizens, oat' before
they we're Asted to tak0 part io It's uo7trn-
ulcst, they ahould learn how md Tor What th'a
Government was founded, and the lo,sons
taught by our sturdy, patient ioro'asheIs
man might choose anil advocate what doctrine
he wished. and no musketa were necessary 70
protect hi. rights Il shs1s sns;.i1s was 1np &'f,
tue 10 the doctrine Of sochs,'s%; t1a faa;-n,1. ~
was not to bo dreaded. but aocIallsm baeked nv
n,uskcts might become terror u any citizens
held opinions at war With TIC liberty o. @ sos'e,S, ~
nnko It Impossible for any suG'i op'olons 70 10
asserted BY fosco, irresponsible and reckless
military organizations should not bc toleTatrt.
and tile present law WAS wise and bsnei1eeft
Que, and adapted ooy for tho good OF the citizen.
followed on behatf Of the doiensc. He saad hts
fiset proposition was tiMt tho right to Keep and
bear ar1ns wps . fundamental right which u,e
nnder any Renernl grant OF Legislative husliori-
". The right was iueidont and auxiliary to he
absoluto rights OF individuals, to tho firht OF
DropertY, It lid Aways boen enioved from
timc immcmoral, and whenever m attempt Was
nude to take IL from them they roestablishcd
only was it d right Of tho Engtiah pco-
nle to keep and bear arms, but
aiso I = " duty. Tho samo rule obtained IN
th. The was Mor .ns
That, il was called right Of nature, And n It
was difficult to see hew tho peoplo could oo
kept duly armed without some otGanlzat!o,,'
gushed from standing army: Aud by militia
was to be meant tho whole body Of the people,
man us to OF suis u Ills own IDEAS. Only few Of the
Stats Constitutions did not recognize the righ!
oi tho people to bcar arms, md among them
th ts essa u dsuss aDs IL i ras no
%saaoso n sSo psoDe oi 1loois It a not follow ta
they watvea IT,: blll Of rights Wa s.,. only az o.
enumeration OF certain fundamental rights ant
principles which the Legislature dared not IN
fringe on, but It did not necessarily cnumeratt
u, The rights which were considered inalisna2le ~,
ers. 1 hut % not thoss q ii,a people. but LcEis
laturo could not violate al! fundamental natu
rni rights, even though II was not prohibited "
tho Constitution. 1t could only use sueh paw
Secondly, even tho Inv did not prohibit th'
keeping aild carrying Of arms, hut only pre-
vented oreanlzat!on and url, still the first F'Ell
was yalucess unlese accompanied by tnc aes s
ond. a militia would bu tsoless unless the CT
izcns we're enabled TO exercise themselves y
thu use Of wariiko Weapons. Tho altcrnatlyo +
aud militia could not bo drilled except In OF
gantzou companies Suppose tho GoVcrno
should only l!cense tho people Of certain coun
ss NS9 q st Sa sns q Se wbao
was evidently : loorly-dlsgu!sod attempt 10 d
prye Largo qua fsspsesed so rlass Of tsir natar:
aid was tho usual method Of violating fund.-
mental rights and ovcFrulIng constitutional II
sttaints.
followed on the same side, dwelling on Ii
wide powers ho coute1,dcd wero uuwlsely give
10 The Governor by thla, Law, and contend1
s tho 3aw w., Ed nT'a0qs a1 n,oyss aySFqE R ss{1
sl,puld be the limit Df the uiiieta, while
Federal legislation the militia were made to fl
clule all persons butweon IL nnd 90 ycars I
tfio right OF Federal legislation to make "
other standard or limit 10 the humber of u
milltia. .,,
socIatlon, showed that uas stato law did u
pretend 10 say the militia should not c0nlprt
moro than {, 600 men, but TINT tue "aetivo
mtlltia-those In sc1ysco-should bo limited
that number
Thu closing argument lor tho city was th'
Mr. oAuHRoN.
Ue held thc Federal Constitution was not
grant Ut tho power 10 bear arms, but was !
strictton on that power t.cstgned to prevent :
ConGreaa from assuming right to prohibit 7
a,s 9sa q q hs srp so Ts ras,a'sn sa%S y ahi p0
tfHkf f7h hnAr att1S 1Sn1 inH1nDEt