Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1898-04-01
OFFICIAL PAPER BuRLEIGH co.
THE NATIONAL GUARD IN CASE
OF WAR.

Considerable interest is evinced re-
garding the status of the national guard
of the several states and the power of
the president to order state troops into
the federal service in the event of war.
In general the terms of militia" and
Irrational guard' are synonyms; some
states use one term and some the other.
When the militia is called out by the
governor the members are not in the
service Of the Uuited States, unless a
requisition has been mace on the COVER
nor by the president.
1t belongs exclusively to the president
to judge when the exigency arises in
which he has authority under the con-
s%titution to call forth the militia, and
his decision is conclusive upon all other
persons. Decision of the United States
supreme court in Martin vs.. Mott, II
Wheaton, 10; I Kent, 264.) When called
out for active service, the militiamen re-
ceive the same pay and allowances as
officers and men Of the regular army.
The militia called into the service of
the United States ia not wholly under
the control of the United States until it
is mustered at the place of rendezvous;
its character then changes from state to
national militia decision of the United
States supreme court in Houston VS..
Moore, 5 Wheaton l, l Kent 265; Const.
U. s. Art. 2, par. ~ before it's being
mustered in the governor will cause
all acquisitions for supplies and
transportation to be sent to the muster
ing officer for approval. Mastering Off
GERS are detailed by the war depart
ment.
The constitution of the United States
gives congress the power to provide for
organizing, arming and disciplining the
militia; as yet, however, no law has been
passed for organizing the militia, but
each state has been furnished arms and
equipments and the drill regulations
prescribed for the army are ordered
used by the militia. The governor may
appoint officers of the militia in his own
state (Const. U. S., Art. l, par. 81 but
general and staff officers will not be
mustered into the service of the United
States without special authority. Cen
eral officers are those of the grade Of
brigadier-general and higher.
The committees on militia of both the
United States senate and house have
agreed that the president can order out
the national guard in his discretion
when needed, and that when called out
the guard shall serve anywhere iii the
world where he may order it. In dis
cussing the question editorially the
Army and Navy Journal says:
1.-THE questions that come to us show
that the militia are on the alert. One
eager inquiry is as to what authority
the president has over them in time of
war. To this we answer that it is, gen.
orally speaking, the same as the auth
GRITTY he has over the regular army. The
commander in chief has the right, un-
der the constitution, when war or in
surrection threaten, to call upon the
militia of the United States for service.
He is made sole judge of the emergency,
and there is no power anywhere under
the constitution to review his conclus-
ions or facts. He can call the militia
into service aud send them where he
p~leases, even to Cuba or to Spain. The
governors have the right, however, to
select the officers of the troops belong
ing to the several states, and as a mat
ter of practice and courtesy, the call is
made through them. Their authority
over the militia ceases as soon as the
troops are mustered into the United
States service. According to our I'M
Outstanding of the law, the president
has the right to call upon the members
of the 7th regiment of New York (or the
LIST regiment of Chicago,) for example,
for duty. AS a matter of fact, this
would not be done. During the rebel
lion each of the several states was called
upon to furnish it's quota of the total
number Of troops called for by the pres.
ident, and this precedent would no
doubt be followed in the case of an
other war, SO far as it could be. Dan
ger to a particular locality might, how
ever, result in a more immediate call
upon the troops nearest to the seat of
danger n best prepared for prompt
action"
Constitutional lawyers are agreed that
the control of the. president over the
militia is absolute and unlimited in time
of necessity, and that he is the sole
judge of the necessity. There is practi-
cally no limit put upon his discretion.
In Story, Const. volume 2, section 1912,
it is laid down:
"The militia may be called out either
by requisition upon, or orders to, the
state executive, or by orders direct to
any subordinate officer of militia"
During the wal of 1925 and on
other occasions it was claimed that the
governor could decide whether or not