The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-01
THE GOVERNOR SUSTAINED
SUPREME COURT DECIDES He
HAS THE POWER TO REVOKE
COMMISSIONS.
The Same Rules Govern the Naval
Militia That Apply to the Land
Forces Revocation of Com
mission no Stain on an Off
GERS Character.
GERS Character.

The Supreme Court yesterday nSAu
- Down its decision in the much-talk-
ad-of Winslow case. The case is enti-
tied "Francis Winslow, appellant, Us.
George i. Morton
The court decides that the Governor
has the right to revoke a commission,
,,ossessing much the same power that
e conferred upon the President or the
limited States by the Constitution.
..The Constitution of North Caro-
lima SAYS the opinion constitutes the
Governor of the State commander-ln-
chief OF the militia except when they
are called into the service OF the FED
eral Government, and confefs, upon
him the power to call them out TO exc
cute the law, suppress riots or lnsur-
rection and to repel INVASION.
paralleI is then drawn between the
power of the President with the Unlued
States army, and the power or the
Governor with the State militia. ne
right of the President to remove OF
ficers of the regular army IN the az
sence of all statutory regulation ~
Congress, must be precisely the same
as that of governor to dismiss OF
fcers of the militia when his powers
and dnties are not defined by any legls-
lative act
The court holds that the statute OF
1893 did not repeal the former act,
which gave the Governor power TO re-
woke any commission whenever III ms
Judgment it shall be necessary or eX-
pedient for the public good or Tor
the good of the service. WlnsloW
attorneys held that the former act
was repealed 'sby implication. but the
conrt holds that no act is repealed by
;mnlieation. 'sThe Legislature OF 1896
,a-affirmed the governors right as COM
mander-in-chief to revoke commas
sions and disband companies in the
exercise Of a sound discretion, Tor the
public good, or the good OF the service
1rThe two statutes can stand
and be construed together as Vestlns
in tbe Governor the right to revoke
commissions on special grounds VIII
out regard TO his opinion as 10 coilse.
quences or for any reason OUTSIDE -
the cases enumerated, where ne may
think it best for the service.
ut is manifest that the Legislature
intended that the naval force, Whlch
might be organized under lnapter o99
of the Laws of 1898, should constitute
q mart Of the State militia and should
he subject to the same regulations pre-
yiously prescribed for the land forces.
i 1.-THE discipline of the nayal
forces was required to conform as
closely to that Of the land forces OF TINS
state as the difference in the two ser
vices will allow.
st was not contended that the Gov
ernor revoked the commission OF the
ulaiutiff fer reasons that affected ms
character as a man or his general e.
f;cfency as an officer. 1t is ordinarily
essential to the success of efforts 10
train and discipline troops that there
should be harmony and concerted ac-
fion on the part OF the higher officers
entrusted with that duty. II, as we
4 gather from the argument, the com
mander~in-chief and the commander
of all the naval forces had disagreed
as TO methods or discipline, and such
1isagreements had made their relations
unpIeasant it was natural that the
chief officer should act upon the idea
that the naval forces would prove mort
efficient if the command should De
intrusted to one in touch, both IN
thought and purpose, with his super
ior''
The Judgment of Judge starbuesi
is affirmed.