Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-09

celVeQ yesterday, IN which Gen. Mabry
reiterated that. as trustee Of the cup he is
vested with sole power as regards the dis
position thereof, and his order that the
cup be sent to the Georgia city would,
therefore. stand. Gen. Mabry inclosed a
communication from the chairman of the
committee of Galveston citizens that pro-
vided the cup, explaining that the original
intention was that only National Guard
companies should be permitted to compete
for the same failure to use the term ma
| tional Guard" In the rules being because
some states designate their troops as
volunteers. some as state troops and others
as state legion.
Capt. Domer Immediately called a meet
ing of the board of governors of the Fen
cibles to discuss the matter, and as a result
the courts will undoubtedly be appealed to
by Monday.
Capt Foye of the Thurston Rifles of
Omaha, Neb., in a communication to Gen.
Mabry. has offered to submit the cup ques-
ton for final decision to a United States
court Judge or to a committee of five Ma
donal Guard captains, one to be named by
Gen. Mabry, two by the Thurston Rifles
and the other by the four officers first
chosen.
A dispatch from Austin, Tex, quotes Gen.
Mabry as saying: The Fenc;bles are evil
IDENTIFY jealous of the Morton Cadets of
washington, who propose to go after the
cup"
Qualify or BE Court-MartfaIcd.
A recent order. relating to rifle practice
for the National Guard of Pennsylvania
discloses an extraordinary condition of
things. in that a requirement is made that
every infantryman or cavalryman in the
service of the state must become a marks
man under penalty of oourt-martial, il
the failure be willful, or suffer discharge
for inefficiency in case the requisite score
is not attained after honest effort. Still,
this Is not so remarkable when II Is taken
int flar, hot
man is a marksman IL he scores - out of
a possible 80, with the privilege of re-
entering indefinitely. The order referred
to should be interesting to the District
Guardsmen. In part Ii is as follows:
THE current season Tor rifle practice will
open May l and will close October 81
Practice will be required Of every officer
and enlisted man, and no communication for
rife range will b, allowed any company in
the infantry or cavalry arms Of the serv-
Ice not prac ticing in its entire membership.
All officers are requested to impress upon
their men the Importance Of rifle practice,
and to urge them to strive for excellence
in craftsmanship and sighting aEd aiming.
Every infantryman or cavslryman must
become marksman. Company command
ers will be required. at the end Of the rifle
practice season, to prefer charges for ne
eject of duty against every man who has
failed to present himself at the range for
practice on the days set erart for that
purpose, and also against these who fail
vious year. Amy man who shall have prac-
tic ed and made an honest effort to qualify.
without success. shall be discharged for
inefficiency, unless retained by the regimen
tai command 4r because of special efficiency
in some other line of duty.
Companies Mny BE Disbnnded.
IF any company in the infantry or cav
airy arms of the service fails to qualify
as marksmen 10 per cent of its entire
are shown for such failure. it shall be con-
sidered so lacking In efficiency as to war
rant IT'S disarmament.
"Cavalrymen will qualify with the car
time with which they are armed; the men
in the other arms of the service with the
regulation Springfield rifle Recruits who
shall have enlisted since October 81, 1S35
and who succeed in practice in making a
total score at 1OO 100 and 800 yards of 80
points shall be rated as thrd-class marks
men, and be considered as having qualified
for the season, but will be required to
qualify second-class marksmen every
succeeding year that they remain in the
service. Third-class marksmen may enter
for qualification in the second-class.
For qualifying as second or first-class
marksmen, five consecutive shots are al
lowed at 200 yards and five at 500 yards !;
re-entries are allowed rnsil a score of - is
made. When a score of over % and less
than 40 is once made. the shooter is quail
fed for the year. If it be under 40, he is a
Second-class marksman; if ~ or more, he
is a first-class marksman.
ANY mar who shall have previously
qualified as first-claSS msrkSnaa may
enter for qualification as a shGrpshooter.
For qualifying as a sharpShC oter five con-
secutive shots are allowed at 200 yards,
i've at 800 wards, and five at 600 yards. If
score of 81 or more is made the man is
sharpshooter. A first-class mSrksman who
fails on first trial to make a sharpshoot-
he
but 70 more. When score of 81 over
Is male no re-entry for higher scores will
be allowed.
Arrest of National Guardsmen.
A decision of general interest to National
Guardsmen is one made by Justice Dean Of
the supreme court of Pennsylvania a few
days ago in relation to the arrest of
guardsman on a civil process while return
ing from drill. Capt. H. ). Crump of the
Pennsylvania National Guard, while in
company, returning from an annual en-
campment. was served by the sheriff of
Chester county with writ issued by the
common pleas court Of Chester county on a
mortgage case He moved the court 20 set
aside the writ on the ground that he was
exempt from service while performing
DUTY at going to, or returning FROM the
encampment. The court below, believing
that the service was good, declined to set
|: aside, and then the appeal was taken
Justice Dean holds that, while there is 10
express statutory exemption of a member
of the National Guard of the state from
service of summons while on duty, and
that 1t would be a strained construction to
say that such an exemption was included
in the exemption from arrest on civil pro-
cess. yet the appeal should be sustained
ION the broader ground that public policy
without express enactment, forbids the use
of civil process under the circumstances
here shown" Justice Dean says, among
other things: THE non-military debtor can
remain within the Jurisdiction of the courts
of the county where he is a resident: his
creditor must then bring suit against him
to obtain service: but if the debtor be
member of the National Guard suit can lie
brought against him in any county of the
commonwealth which military obedience
requires him to pass through. He may be
dragged hundreds of miles with his wit
nesses to a distant county to make a de-
Tense against claim" To sustain su IN a
proposition, Justice Dean holds would he
TO impair the efficiency of the National
Guard and be in direct opposition to public
policy. The judgment of the lower court
was reversed and the summons set aside
at the cost of the appellee. The military is
subservient to the civil law, yet a soldier
has rights that the civil authorities are
bound to respect. Par. las. NJ. c. of New
York, provides that persons belonging to
the military forces of the state shall moi
l.6 efa.I