The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-26
MILITIA BILL ADVANCED.
Radical Amendments Defeated and
the Bill Ordered Engrossed.

There was a hot discussion in the Senate
yesterday afternoon over the bill for the re-
organization of the Indiana militia and ap
propriating $4,000. The bill was called up
on second reading, and was consequently
open to amendment. The portion upon
which the fight made was that part of
the fifty-fifth section which provides that
soldiers who may be arrested for injuries
sustained or lives lost in complying with an
order to fire into mob shall be tried by
court-martial instead of by the civil courts.
The section to which objection was raised
is as follows:
active militia shall be ordered to assemble
for. the purpose of military instruction,
whenever any part Of lie i' Mate forces Shall
be ordered to assemble for duty under his
authority, the rules and articles of war.
and the general regulations for the govern
ment of the army Of the United States
with such notifications the Governor
may prescribe, shall be considered in force
and regarded as part of this act during the
continuance of such service, but no punish
ment under such rules and articles which
shall extend to the taking of life shall, in
any. case, be inflicted except in time of ac-
tual war, invasion or insurrection, declared
by proclamation of the Governor to exist
or to be threatened or anticipated. Provid-
ed, That in case any person or persons
sistl ing the laws Of the State, or unawfully
any bystander person in the vicinity
thereof, shall be killed or injured by any
such State forces called into active service
under the provisions of this act, and acting
in obedience to the orders of its command
ing officer, no such officer or member of
said militia shall be subject to Indictment
trial any civil process whatever other
than by a court-martial, to be convened for
that purpose by the Governor. and the find
ing of such court-martial, when submitted
to and approved by the Governor in accord
final and i conclusive on ali 4 persons ii and e
the event that any indictment shall be
found or information filed against such per-
son nc writ other process shall be issued
thereon 10y the clerk of the court where
such Indictment was returned or informa-
am ea CLERK rhe sbe or deTena
nit to the Governor a duly certified copy
thereof, and upon the receipt thereof the
court-martial for the purpose of determin-
ing the truth of such charges and the pun
Senator Parker offered an amendment
striking out all that portion of the section
after the word provided which would
leave the trial OF cases Of this sort with
the civil courts, where It is now lodged
In support Of his. amendment Senator Par
ker stated that this section showed dis
position to make the civil courts subservi-
ent to the military, doctrine that was
hostile to the tenets Of Demoeracy. The
Lean, who said that the efficiency OF the
militia would be impaired by a provision
making the military subservient to the civil
authorities in times Of riot and disturbance
He was in favor of conducting war
war basis, and declared that the officials
OF the Indiana Legion were ready TO quit
and give up their commands IL ii was pro-
vided that an officer was likely to he ar
r res was FOR sd o White The m m ha rS
of some criminal act
Senator Shiveiey stated that 1t would
tried In a community where sympathy was
likely to be on the side of the rioters.
amendment providing for change OF venue
as far from the scene OF occurrence as
would be necessary TO insure a fair and Inn
partial trial. Senator Seller wanted TO offer
a substitute, and the original amendment OF
Senator Parker was withdrawn. The substi-
no one should be held amenabie to the law
for deaths resulting or injuries sustained
from firing. into mob except the officer
who gave the command to fire.
Senator Duncan said that he had given
the bill careful consideration. and he
thought It should pass Ass IN ITS 81, present form
the commander of the troops under the
orders of local officials. who have favor to
curry with their local constituents or who
We're governed by considerations other than
those relating to the public good or the res
toration of order In the amendments that
had been offered he unable to see any
thing but tendency to paralyze the arm
of the militia, and II there was 10 he
on the side of the men who had been called
and who would be called again. to stand
between the people and anarchy.
Senator Alexander said he would rather
this bill passed than any that had been
introduced at this session of the Legislature
as il would snow the Republicans under by
a. majority to which the recent landslide
would not be a marker. Except Colonel Nc
Lean and Senator McHugh the Democrats
were disposed to make political question
out of the bill. the position Of the minority
being, i'm word. that the Republicans were
seeking to license the shooting of hard
working laboring men who might be strik-
ing to secure their rights. and assure the
acQutal of the offenders by committing
their trials to their own comrades. Senator
Mccutchan closed the argument for the
bill as it stood. and under the operation or
the previous question the amendments were
rejected and the bilhwas ordered to engross-
ment.