The Irish standard., 1897-07-31
DISARMiNG ACT.

| On Logan day in Chicago the indie
pendent military organizations, includ-
ing the Clan-na-Gael Guards, we're de-
to honor the memory OF the gallant hero
of Atlanta.
The bGodling legislators OF Illinois
amended the military code of the state
last June by making it unlawful for any
/ body OF men other than the militia. the
| G.. A. X. posts and the Sons of Veterans
to drill Or parade with arms in their
hands. The students OF educational in
stituticns. however. can arm them
selves with The consent OF the governor
and drill and parade in public when ac-
companied by their military instructcr;
and benevolent and social organizations
! are permitted to wear swords.
The law Is substantially the same
as that which passed the legislature OF
Minnesota at its last session. and which
is found in section l07 Of the military
code under the caption of 'UnauthorixeG
Bodies" 1t is as follows:
1t shall not be lawful for any body OF
mon whatever. other than the regularly
organized national guard of this state
and the troops of the United States. to
associate themselves together as a mill
tary company or organization. to drill
or parade with arms in any city or town
CT Chis state except the regular organ
ization known as the Sons of Veterans;
provided, that students in educatona,
institutions where military science is q
part OF the course of instruction, may
with the consent of the governor, drill
and parade with arms in public under
the superintendent of their instruct lr
provided. further. that nothing herein
contained shall be construed so as tc
prevent benevolent or social organiza-
lions from wearing swords And any
PERSON violating any of the provisions
OF this section shall be guilty of a mis-
demcannr. and on conviction thereof
shall be sentenced to Il fine of M less
thaS ten nor more than one hundred
dollars. or Imprisonment of not loss
The ilibcrnian Rifles of Minneapolis
determined to test the constitutioualtl
OF the law at the earliest possible mo-
lrcnt after its enactment They con-
suited able constitutional lawyers, who
advised them to disregard the obnoxious
provision in the military code and II
intnrfcrcd with. they would Immediately
bring the matter before the courts and
fight ii to the bitter end On DcrOra-
ton Day the Hibcrnian Rifles, in full
uniform and bearing arms, turned out
to participate iii the parade and nobody
molcstcd them. though they anticipated
arrest and had prepared for every emer-
gencE. In our opinion the Chicago men
should have acted similarly and given
the authorities a chance to enforce the
law. Instead Of telegraphing to Gov
Tanner in reference to the matter they
should have ignored him and turned
out as they always did.
We have looked up the law on the
question and find that decision was
rendered in 1856 by the Supreme Court
of the United States in the case of Her.
man Prcsser. of Chicago versus tho
State of Illinois.
In 1879 Presser rode on horseh,cl,
through the streets of Chicago at the
head OF military company called the
Lehr und Weir Verein. He carried a
cavalry sword. and the company of 400
men carried rifles. AS he had no
license from the governor to drill or
parade he was arrested. BY mutual
agreement jury trial was waived, and
the case was left to the judge who do
cided against Presscr and imposed a
fine of ten dollars. The case was an
pealed to the supreme court of Illinois
ana the decision of the lower court was
affirmed. 'rhereupon Presser brought
the case before the supreme court of
the United States at Washington and
that judicial body gave him an advS Sc
decision. saying that the provision in
the second amendment to the constitu-
ton is limitation only on the power
OF congress and the national govern
ment. and not Of the states" Unless
restrained by their own constitutions"
said the supreme court. "the state legis-
latures may enact statutes to control
and regulate all organizations, drilling