The age-herald., 1898-02-27
You'd Retain Their Rank in Such an
 Event in the Regular Army.
GOVERNOR IS coMMANDER-IN-cHIEF
Need Not Command the Troops in Person Unless Directed by Resolution of the Gen. eraI AssembIy-The Military
 Laws of the Land.

Just now when there is so much talk about the militia of the United States be- Ing called out in the event of trouble with Spain over the Maine disaster the ques- tions naturally arise, what is the law on the subject? Who would be in command or the Alabama National Guard were it called out? Would it's officers be changed and other questions of a similar nature.
 The constitution of the United States and the constitution of the state of Ala course the regular army and navy of the government, which are in sense nothing but national police, are under the absolute control of the president and the war and navy departments. The government sol dier and sailor has no choice in the mat ter, but must go wherever the authorities order.
 With the state militia 1t is different. The federal constitution gives congress the power "to provide for organizing, arming and disciplining the militia and for govern ing such part of them as may be employed in the service of the United States, re- serving to the states respectively the ap- pointment of all officers and the author ity of training the militia according to the discipline prescribed by congress"
 Could Not Be Ordered to Cuba
 Congress is also given the power ito pro- vide for calling forth the militia to execute the laws of the union suppress insurrec- tions and repel invasions.''
 According to this provision neither the Alabama National Guard nor the militia of any other state would be ordered to Cuba or Spain unless they should volunteer to go. The object of the militia Is for pro- tection to the states and the United States, and not for purposes of invading other countries.
 The state constitution provides that ''all able-bodied male inhabitants of this state between the ages of IS and 45 years shall be liable to military duty in the mli- tia of the state" In times of peace this service is purely voluntary, and as is well known, the militia elects nearly all of its officers and is to large extent a self governed body. "The governor shall be commander-in-chief of the militia and volunteer forces of the state, except when in the service of the United States" when, of course, the president and officers under him have control of the militia.
 The governor has right to call out the militia to execute the laws, to put down insurrections,' and even to repel the in- vasion of a foreign foe when the emer- gincy requires. In such case, he need not command in person unless directed by a resolution of the general assembly, He shall appoint his staff and the general assembly shall fix his rank"
 Would Not Be Degraded
 Under these provisions, if the state mili- tia was called out by the national guard from the commanding general down to the office he held at the time the call was made. In fact all of them except the goy- ernor would hold their office. Quite num- Der of questions have been asked recently on this subject. by officers in the national guard, who feared CD their offices would be taken from them when the "call to Cuba came.
 These are indeed, but vain and idle fears. The government of these great United States is not jealous of the troops in any of her sovereign states and not an of fcer or private will be slighted. They will all be placed in the front rank on the Gu ban battle fields, where honor and glory and the Cisneros smiles of Cuban maidens await them!