The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-17
GOES AGAINST THE GUARDS.
THE COMPANY CAN'T ENIsT As A.
INDEPENDENT ONE.


Attorney General Terrell Renders
His Opinion in the Case-Thc only
Chance for the Organization Is 80
Become Part Of the Volunteer
Force of the state as an Unassign-
ed COmpany-Thc Attorney Cen
eraI Goes Into the Question of the
COmpany'S Charter.
Atlanta. Ca. Nov. I6.-Attorney Cen
eral Terrell this afternoon rendered his
opinion in the case of the Gate City
Guards holding that the company has no
right to exist as an independent military
company The opinion which CONSTITUTES
the military law and establishes the pol
icy Of the state in reference to the exist
ence of military commands independent
OF the regular state military organiza-
ton, is of vital interest in military cir
Giles throughout the state. as the whole
service has been engaged in fighting the
claim of the Guards to military rights
under an old charter. Had the Guards
been declared legally military company
under their old charter the effect would
have been TO demoralize the organized
militia of the state, as other companies
would have claimed the same privilege.
In his opinion the attorney general says:
"By an act approved Dee. "a. 1853, the
officers and members of the Gate City
Guards. a volunteer infantry corps of
the city of Atlanta, and their successors, /
were incorporated under the name of the
Gate City Guards and given certain pow
ers and privileges therein named. The
Guards accepted this charter and in 1851
entered the confederate service. Dur
rlsal md
in 1876 some of the old members. and
others, met and reorganized. From that
time until the nth day Of September
1898 when the company was disbanded
by order of Gov. Northen, it formed
portion of the regularly enlisted volun-
teer forces of the state.
1.-The questions presented by the fore
going statements are as follows.
FIRST, was the Gate CITY GUARDS SO
reorganiZed in July, 1876, as TO allow the
present officers and members TO become /
the legal successors of the officers and I
members OF the company at the time il
disbanded as to the chartered rights con-
ferred by the act of 1853?
Second, lis the charter of 1853 such an
act as the legislature may repeal, change |
or modify without the consent of the COM
pany?
tive TO the organization, discipline and eu> |
nstment of the volunteer forces change /
or modify the charter"
The attorney general rules that char
tiers granted by the general assembly |
previous to the adoption of the code can
only be repealed, changed or modified
with the consent of the corporation. eN-
cept in cases where the police regula-
tons or powers are involved That af
act grating charter to military com
pany Is an act involving the police powers
of the state / do not think will admit or
any doubt whatever. Such an act vests
part of the states military power IN
the corporation and such power remains
n the corporation until removed or mod |
lied BY some subsequent act. The char |
ter OF 1893 was practically an exemp- |
ton of the officers and members of the |
Gate City Guards from all military duties /
except these enumerated therein. The leg /
islature has the power to recall an exemp- |
ton or to change the terms upon which |
an exemption may be claimed or to re- /
such power in the legislature is
necessary for the protection and exis- |
tence OF the government No citizen, |
therefore, has vested right in statutory |
exemptions The act Of 1889 relative to |
the enlistment applies to the Gate CITY |
Guards, the same as to all other com |
panies of the volunteer force. The act of !
1888, providing for the reorganization, the /
discipline and the regulation of the vol |
unteer forces is in direct conflict with /
the chartered right of the Guards to ex- /
list as an Independent command and /
therefore repeats that right. The char 1
terS granted TO various military com /
panies throughout the state seem to have /
been within the minds of the legislators /
when this law was enacted, as section 1
expressly saves all chartered rights not 4
inconsistent with the provisions of the /
act and to emphasize the legislative in I
tent as to the repeal of all chartered /
rights not consistent with the act, the I
last section thereof declares that all gen I
eral and special laws and parts Of such /
laws as conflict are repealed. l am. there 4
fore, of the opinion that until the enlist /
ment act of 1889. and the reorganization of +
1893 are complied with the officers and /
members of the Gate City Guards cannot /
lawfully associate themselves together /
as military company, or organiZa ton. +
or drill or parade with arms without the I
license Of the governor. When the Off (
GERS and members of the Guards have en- /
listed as prescribed by law, your excel /
lency VIII have authority. under section 1
of the act Of 1898, to assign the company /
TO a regiment, or to allow the same to /
become part of the volunteer forces of /
the state, as an unassigned company"
a LIGHT DAY IN THE LEGEsLATURE. |