Evening journal., 1898-04-19
PART OF TIE GUARD.
What May BE Expected at
the Outbreak of Hostilities.
SAME PROCEDURE AS IN LATE WAR

THE NATIONAL GUARD IN IT'S
PRESENT FORMATION WILL NOT !
BE CALLED UPON. BUT WILL !
BE GIVEN OPPORTUNITY TO EN-
LIST.
The part that The guard is to play in |
any outbreak of hostilitios and the |
exact procedure and legal aspects Of a |
call for troops by the president are |
! points that In the last few days have |
| been topics Of absorbing interest TO
gardsmen and citizens liable for SER
vices. The questions, too, have pro-
voked many contradictory opinions and
quotations of law.
The twenty-sixth section of article !
Of the Constitution of The United States
/ defines among other powers of Con-
grcss that OF providing "for calling
| forth the militia to execute the laws OF
| the Union, suppress instructions and
rcpel invasions."
Among che brief rulings found I'm
| 'Brighuy's purdon' on this point are
| the following: THE act OF 1895, which
confers power on the president to call
! forth the militia In certain oXigencies
Is consu .utional and the president is
| tne exclusive and final judge whether
| the cXig ncy has arisen Martin VS.
| Mott ~ Wheat. 19. Soc Tyler We. De-
frees, IL WALL 33l.
Tho militia OF the several states are
/ subject t0 martial law from the time
they are called into the service OF the
United States" Martin VS.. Mott, 10
Wheat, 9. so far as Congress has
provided for organizing a militia tho
llcsislatiNe powers of the states are eX-
icuded" Houston VS.. Moore Wheat,
5l same S. and r., 1G4 "But a state
Legislature may lawfully provide for
the trial by court martial Of drafted
Dol iNia who shall refuse or neglect to
M rch to the place of rendezvous agree
| ably to lhe orders OF the governor
founded on the requlsitlon OF The nresi-
dent Of The United States
by militia is to be understood an
who are liable to military service. The
5 Nai0nal Guard is the armed and train
Cd part Of the militia The guard, II
militia wero called upon world natu-
rally be preferred TO the unarmed and
, unraincl part. The National Guard.
= ! iu ITS pfesent formation, will not De
< called upon, but viii be given It's OPP
s p0rMnitv To- enlist National Guard
]
S Miles attitude Of appreciation toward
the guard. and the expression of his
@ belief in the efficiency and worth OF
. soldiers trained I'm state service, believ,
p confidently that i'm raising troops The
i governm MT viii follow the same pro
n cadure that was observed in the late
n war.
p The president win call on the COVER
z nor for troops. The latest report from
Y 4 Washington is that 10000 men win b
q ! asked al first, though General Mile
= f3vored calling for $4,000 or 10000.
n The governor would call for volun
= | toers. The National Guard-all OF th
- officers and most Of the men-woul'
volunteer.
N Th governor would give the Natlona
a | Guard officers commissions for tn
,e same rank as the volunteers. In th
~ late war he governor could commission
n ! officers, and 10 is believed the sam
y course would be followed.
The identity and personnel of tn
p, National Guard regiments would thu
., De preserved almost intact
If NOR men were called for than Oh
~ Guard cc nd supply the governor w0ul
- miss on certain officers TO rails
y regiments Cf volunteers among the IN
y trained militia. The officers wOul'
y probably be regular army men.
% Major j. N. Morrison, judge advocat
T.. s. A., has lately given an opinion ol
e the reason why the president canno
call on the National Guard The presi
dent when he calls out the militia. doe
, &c by proclamation or order. I'm whic
d he sets forth the necessity Of the cal
He could not say we have an insurec
.e tlon or rebellion I'M this country. or tina
l- the country is invaded or is I'm imml
i- uent danger Of invasion from any for
< cign nation or Indian tribe as is ne
r. ouired by the revised statutes IL W
sc ! have war and IL should assume an
Id | considerable magnitude there may b
e. / times when to protect the Atlanti
ar | coasi the National Guard may be calle
l- out. bIt uch an event is very remote.
OF The companies. he added, would hav
il tc enlist as volunteers, The War De
IN partment is being Hooded with request
ed of state organizations TO be called a
l- such but they are an told that they ca
I'd only be called as volunteers