The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-10-30
Attorney eneral Declares That
They are Valid.
THE couRT-mARTiaL CAN co ON
Prise Cempetition at Portiand-rrs-
posed sew Armery I'm the City
Hugh Lsngsssn's FuneraI

rla. were absent The absence CT the two
I latter vss due 70 al opinion given by
Lseut. MiIroy. who vas appointed judge
1 advocate IL the court, that. owing 70 the
/ failure 20 obtain the governors approval
/ al tie order converting the eourt-rn arssai.
/ the order il imperative. The matter vas
| referred BY Adi1taat General 0'Brsen 10
/ Acknowledgement Jones. who gave the fol-
/ loving opinion On the suklect:
ssFirst-Has the legislature under the
| state constitution the rigat 90 impose upon
| board OF officers Of It's creation the power
| 10 promnIgate rules and regulations for
the government of the organized militia Of
the state the same as civil courts IN the
/ matt er of its procedure
.'Second--The board having provided 3
/ rule Of procedure in conformity with the
! regulations. articles Of war and practice
/ for the government Of the army of the
| United States I'm the matter Of courf-mar-
| tai. as required By section % Of the act of
| March q. 1850. are they not under the al-
| thority given by the legislature IN fniI
| force and effect, having been approved by
! orders.
.sThird-The military board having pro-
| vided rules for the trial of offenders by
/ regimsntai courts and company courts Of
! discipline. as required by sections 81 and
80 Of the act, are not the regimental and
company commanders fully authorized 20
| proceed under those rules and enforce the
| mandates of those rribunalsf
"Fourth--Is the board not authorized
| by the general powers Of the act to pro-
| muleate rules of ofense which In their
| Judgment are identical with those laid
| down by the articles of war. the transgres-
! sion of which shall submit the offender TO
| discipline by eourt-martialf
'In reply to your inquiry / would call
your attention to section 2, article 10. Of
the constitution Of the state, which pro-
| vIdes as follows:
1.-The legislature shall provide by Law
for organizing and disciplining the militia
in such manner as IL NAV deem eI-
psdient, not incompatible with the consti-
/ tuition and the laws of the United States.
This section expressly authorizes the
| legislature of the state TO provide such
| means for governing the militia and
| furnishing offenses against the military
| law a. it may see fit. 30 long as the means
| provided by the legislature are not in
| violation of the constitution OF the United
| States. The authority thus conferred
| upon the legislature by the people of the
state Is as broad IS il was possible for the
| people to make 10 and imposes upon
the legislature no restraint in this
regard except that it shall observe
! the provisions of the Federal constitution.
| In pursuance of the authority thus con-
ferred the legislature has by Law provided
for the organization of the militia in sub
| stantialiy the same way as the army of
the United States is organized. Ii shall
also provide for the diseipiining OF offenses
by court-martials in substantially the
same way as similar offenses are discip-
lined in the regular army.
These provisions are certainly not IN
conflict with the state constitution. and il
is difficult to see how il can be successfully
contended that they violate any provision
of the Federal constitution Laws sub
stantialiy as those found in our own stat
ute hooks in reference TO the militia are
found IN the statute books of nearly il not
ali the states of the Union, and have been
sustained by the courts in numerous ad-
| Judged cases.
ut follows from the foregoing that the
three succeeding questions must be
answered in the affirmative. Your ques-
| tons are general in their nature and do
/ not call upon me to examine any special
/ rule or regulation that has been promul-
| gated by the board under the power con-
ferrea by the constitution and the laws OF
the state, and by answering the foregoing
| questions, l assume that none of these
regulations violate any provision of the
Federal constitution"
In view of this opinion it will not be
necessary, as was intended, TO postpone
the court-martial until Gov. McGraw signs
the order.
Capt Snyder. of Port Townsend. was in
the city last week. and is quite anxious to
learn the result of the official examina.
ton OF himself and six other officers-elect
which was made on the evening of the
18Th inst.
The competition for the prizes offered BY
the Gaardsmaa, of Portland, occurred last
week in that city. The team shooting
contest was won by the Company G team,
First regiment Oregon National Guard,
its success being due principally to the
fine shooting of Private E. W. Moore, who
was formerly captain IN one of the other
companies. While the ranges and size oil
the teams did not fully correspond with
those of the recent field day contest in
this city. an analysis of the W ork done al
the two ranges shot over in this city
shows that the average of the winning
team at Portland was lower than that OF
the winning team here The individual
competitive drill Was won by a member OF
Company /. the last four men remaining
in the drill being members of that com.
pany.
When the time comes. that the present
university grounds in this city shall be
offered for sale, the county commissioners
will be requested by the militia companies
ot Auas Cttf 20 purChAse portion o. IL,
say the size of block and on IL erect an
armory. Most of the National Guard arm.
ores in the country have been built by the
counties in which they are located, and
the militiamen feel that lt is nothing more
than right that the county shouid at leas,
house the force on which IL must depend
10 preserve life and property in times O,
turbulence. The present armory Is owned
by 4 private corporation which rents il to
the various companies on certain specified
dave and 70 other people on other days
Hugh LanEston viii be buried today
with military honors by the University
cadets. The companies viii form ami
answer TO roll call al the university al
ls.3n, then march 20 the residence of de-
ceased and escort the remains to Plymouth
J Congregational church. where the services
VIII be held. Then the remains will he
escorted 10 Lake View cemetery. A salute
o. eight guns will be given. and the taps
soEn 3ed.
CeuFt-1srtiAl at Spokane. ~s~T-s
\ general eourt-maytial has been ar
pointed To meet st the city OF Spokane on
the l2th day o. November, lSq3. or IS soon
thereafter as practicable, for the trial OF
First LleIt. Henry b. Sehwellenbach
aa1utsut FIRST cavalry battalion, and such
ether persons as may properly be brough;
before II The detail for the court is
Aal = Ii. Fox. second infantry; Cant.
= A.ssh A g.