Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-06

general government was maintained.
These views have been regarded as the
true exposition OF the Constitution ever
since. Further, the Supreme court Of
the United States has silcncyd such
political heresy in the following words;
Chief Justice Storey in delivering the
opinion Of the court said: I'VE arc all
OF the opinion that the authority to de-
eide whether the eNigency has arisen
belongs exclusively to the President, and
his decision Is conclusive upon all other
persons. The law does not pro.
vide for any appeal from the Judgment
oil the President"
The law OF 1905 also provides for
another circumstance under which the
militia may be called out, somewhat
different from the iorego ~, in that the
President may not originate the call.
And IN the casi of an insurfcc,ion In
any state against the government there
OF, It shall be lawful for the President OF
the United States, on application Of the
legislature OF suCu state, or OF the exc.
cutive when the legislature cannot be
convened. to call forth such number Ut
the militia Ul any other state or states,
as may be applied tor o. lc deems
sufficient to suppress such irsuftegtiln.'
IL will b. observed thai % b. made
lawful for the President 90 take certain
action. lie a not compelled to call
forth the militia even upon the request
OF the state II isa matter in his dis.
erection.
The army at the time OF the adoption
Of the Constitution consisted Of ieyics
Of state quotas under state affairs, and
IS called militia in the early statutes; but
when a standing army was established
II became necessary to provide for It's
use. This was accordingly done by the
act Of March 5rd, 1897; and certain other
powers were conferred upon the Prcsi-
dent. 'ln all cases OF insutrcction or
obstruction to the laws. either VI the
United States or Of an, Individual state
or territory, where It IS lawful Tor the
President OF the United States to call
forth the militia LOT the purpose Of
suppressing such instruction or Of
causing the laws to be duly executed, IL
shall be lawful foe him to employ Tor the
same purpose such part Of the land aud
naval forces as shall be judged neces.
sary."
Under this law the protection OF the
United States has Ia practice been
commonly invoked by the governor, Of
states. The protection sought IS
afforded by the President. by ordering q
sufficient military force 10 the disturbed
locality with proper instruc ions ~, The
repression Of the existing violence. No
military commander or authority IN
ierior to the President can assume to
initiate such orders. Paragraph SIS.
Army Regulations, which gives military
commanders authority to act IN certain
emergencies without waiting for orders,
does not apply to domestic violence
within and against a state, Even the
! President cannot interfere without a re-.
| quest as provided for in Article ~, sec.
| 1, OF The Constitution In the absence
vi the requisite orders military com.
I mandcr may not even march or array
his troops Tor the purpose Of exciting a
moral effect
When troops are ordered by the
| President to protect state against
! domestic violence as above iut Ned
the question arises as TO the manner u