Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-02-16
MILITIA LAWS.

They have had long and bitter fight
in the State OF Illinois over the militia
laws, which correspond exactly, We
think, with the laws OF West Virginia,
az regards the question giving rise to the
litigation, which was whether member
OF a militia organization could be ex-
cused from jury duty. We do not re-
member that 1t has ever been tested in
this State. "
The test case in Illinois was brought
before the Supreme Court in behalf OF a
young man who was fined for refusing
to do jury duty under the plea that, as
a member OF the militia, he was by law
excused.
The Judge who fined him had previ-
ously ruled that the militia law was I'M
constitutional, and in this case reafhrm-
ed that position.
The first points raised by the oppo-
nents of the law was that the power to
organize and discipline the militia hav-
lug been confirmed by the Constitution
on Congress, and Congress having acted,
the State had no jurisdiction. The
court replies that the State has concur
rent authority with Congress in this
case as it has TO levy and collect taxes,
and, as the power OF state government
to legislate concerning the militia exist
ed and was exercised before the adop-
ton OF the Constitution of the United
States, and as its exercise was not pro-
hbited by that instrument, il remains
with the States. To the second
claim, that the militia law is repug-
nant to the laws OF Congress, the court
saws that non-essential variations are OF
no consequence. Its no serious matter
that the law does not require the entire
militia to be enrolled as active members;
that it does not provide for major-gen-
eral, or that its provisions as to the num-
Der OF men in a company do not exactly
coincide with the Federal law. To the
objection that the Federal Constitution
forbids State TO keep armed troops in
time of peace, the court replies that the
militia, composed of men whose daily
pursuits are those OF peace, who
meet occasionally for drill, and
then separate to return TO their ordi-
nary avOcations, is not to be confound-
ell with troops, whose sole object is war,
and who have no peaceful pursuits.
The objection that the clause forbid
ding the organization or parade Of
armed bodies of men without a license
from the Governor, where they do not
belong to the militia, is subyersive OF
personal liberty and unconstitutional, is
answered by the court, which says:
'In matters pertaining to the internal
peace and well being OF the State,
its police powers are plenary
and inalienable. 1t is a power CO.
extensive with self-protectlon, ana
is sometimes termed, and not inaptly,
the law OF overriding necessity Ev.
erything necessary for the protection,
safety and best interests OF the State
may be done within this power. '
Ii is within the power OF the General
aSsemhly IN enact laws for the supreS-
sion Of that which may endanger the
public peace, and impose penalties for
the iniraction of such laws. What will
endanger the public security must, as
rule, be left to the wisdom OF the legis-
lative department" The clause in
question was intended, by its restrain
ing force, TO preserve the public peace,
and hence is not an unreasonable re-
straint upon the liberty OF the citizen.