New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-26

has been denied By courts But recent events
have shown that doubt exists In many mlnas as 70
,,a ,over of the State and OF the United States 10
compel the militia OF a given State to go oeyoho I'D
borders for active service. and to punish ior 10
fnsa, without lawful excuse. 10 do so. But IL mas
been decided by the Supreme Court OF the 'i''.u
States (Hous,on vs.. Moore) that member Oh 'h'
National Guard OF the State OF Pennsylvania VINO
refused without lawful excuse, 10 report LOT uu"
and render service In obedience 10 can iroii "'s
President, may be punished as court-mar''a "iaS
direct | have not found that the statutes OF 'ns
decisions from which have quoted nave oeen
ne,lad or modified and hence am OF the opinion
~, 90, only il a member OF the National Guard
,,ah, ., he called to duty outside OF his own state
,ut that he may be legally compelled to go ana
perrorm the same the call OF the fresideh. Oh
me United States, Just as though he were soioe'
OF the Regular Army
r.n - tho p,esent time It is a fact that every
time the President has exercised TINS power nv
r,gh. I, do so he's been questioned The law wnicn
vas passel pursuant TO the provisions OF the Con-
s,ru,ion was paced in the statute BOOKS III ~
a,d has never been materially modified Naturaiiy'
n, question OF this kind could arise IN 'he He'o~
,,orarv War In the War OF 1872 Il came up now
ever in several In each one IN which IL wen.
>, tho United states Supreme Court. that tribunal
oecled in favor Of the President. and went SO Tar
as to say he the soc Judge Of ,ne mich
Of whether or not the exgeney had arisen WHICH
justified hts exercise of that power
In the Civil War the Northern military com.
n,nies responded 70 the Presidents call ~'hous
o,os,,on The militia OF some of the border, or So'
called neutral States and that OF COURSE ol 1870
Southern States refused 10 respond 70 .is "a -
Ient's order Legal writer's on this suplec, nav
nianed that refusal by the peculiar cireuins,asss
which existed at the time, ana do MOI 9, ,h presi
II was a denial generally. OF the power Oh ,ne hod
don't 70 call upon the militia OF STAR 10 up"SyS
Federal authority In any other State. s,s,ne
ri.,ons of the supreme Court in the cases arlstns
q, War Of 1872 turned the point ui tHc
OF the Presden, to order out the nhua 10 .nscIec
Invasion or suppress rebellion IN ina, sPesv amS
case II was 10 repel invasion. Inc courts -, nc ahs
na,er heen called on to decide whether or nor tne
rpresi1ent has power TO call out the militia uhdeF
such circumstances as existed at chicago ,,a.
The laS of 1895 has never been fnaterIats -. ,s-1
nv more recent statutes. An act was passeu ~ ot
which broadened It's scope soinewHA.. ,s het
the militia" mentioned in the Federai stau..
means ali male persons between the ages OF slsneen
and forty-hve II does not Apply 10 inc :,aaon 10
t;uari as separate body al all; Inc sta.u.e 80
irdss FOR calling IL out The statute also stu! re-
mains unrepealed which declares tnat eveIs nav
h.r Of the militia must be armed IN specne ~
"a therein provided. The arms specineu we,e 81
ago obs oete but the statute SIN rsHia's a. p" Va
the avs OF the United states. .,,.. .,,, N.
The laws OF New-York. in conformity, VIZ" ~
Federal statutes say that the militia s"a:i ,ohtsen
nosed OF all maies between Inc ages % e.s 81
militia Shall consist OF not more than lSuv 3 o
and men and shall be called the Naona "u caro
Wv 'ba question arises Is the armed militia conl-
mon.y known az the National Guard me n r.na,
,,a. on or suppress rebellion? This is the specMo
in,,om which the courts have never decided az
hH,,sh the nresent Cabinet has given an aHlrmatiO
reply.