The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-17
PRESIDENT AND THE MILITIA.
Wnshington Disnafch in the Sun.

washington Dispatch in the sun.
Three questions pertaining to the call
Ing out of the militia have been source
OF controversy for some time ana are OF
special importance in the preparations
which are being made for possible war.
These have been answered by lieuten-
ant Colonel George u. Davis. deputy
Judge advocate general of the army. un-
der authority Of the adiutant generals
Office. The questions are:
l, II the president OF the United states
should call out the militia of one state
for duty in another state would II be
mustered into the general service by any
oath other than that administered to the
men as militiamcn In their own state?
2. Does the call of the president neces-
sarily have to be through the governor
OF the state?
3. In calling out the militia would it be
within the powers of the president to
designate certain organizations, or would
ne have to limit himself merely to maxi
ing requstion for certain number OF
men?
Colonel Davis says, in answer to the
first question, that under the practice es-
tablished by the war departments prac-
tiCe, however, neither required nor eN-
pressly sanctioned by law-an oath CT al
'eeiance is essential to the muster in of
militia troops. under the act of July IL,
| 1862. Being a condition imposed by or
der or regulation merely" he says, "and
not statutory requirement 1t is subject
to change, or modification, by the same
| authority 1t is proper to observe. how
ever, that one of the chief reasons for
the imposition of the oath of allegiance
| to test the loyalty of the individual
| members of the militia. upon their being
mustered into the service of the United
States still exists and would serve the
same useful purpose in the future that
| it has served in the past"
Answering the second question, Colonel
| Davis says: "rhe only statutory restric-
| ton upon the authority of the president.
| in respect to the calling forth of the
| militia, is that contained in the act of
| July H. 1862, which requires that when
| the militia of more than one state is
| called into the actual service of the
United States by the president, he shall
| apportion them among such states ac-
| cording to representative population On
| the other hand the act of Feb. 2S 1895.
| conferred authority upon the president
| TO call forth such number of the militia
| of the state or states most convenient
| to the place of danger or scene of action
| as he may deem necessary 70 rcpel such
| invasion. or TO suppress such rebellion.
and 10 issue his orders for that purpose
! to such officer of the militia as he may
| think proper The call would ordinarily
\ be addressed TO the governor, who, in
| most of the states, is made the command
| er in chief of the active militia of the
| state. Such. indeed. has been the prac-
| tice of the executive since the formation
of the government under the constitu-
ton
| In regard to the third proposition this
| explanation is given "Cnder the au'
| thority conferred by the act of Feb. 2S
| ,I95, 1t would be entirely Within the dis
| cretion of the president to designate cer-
| tain examinations for service under the
| call. II there be no organized militia in
| the state pointed out by the act of July
| Il, 1862. as the one from which the militia
| should be drawn. the power to designate
| becomes impossible of execution. and the
| call must in consequence be addressed to
| the governor of the state. 1t is proper
| to say that the latter course is the one
properly to be pursued under ordinary
| circumstances. 1t is only when an emer-
! gency of time exists or the loyalty OF
| the militia of a particular locality is
| doubted. or where there is reason TO be-
| lieve that the executive will not honor
| the presidents request that the call
| should be addressed directly to the com
manders of the militia organizations
| whose services are believed by him to he
| necessary TO meet the existing emer-
| sency."