The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-08
NEWS OF THE
NATIONAL GUARD.
10 100000 ~CO+G-&S>~++

/ well attended meeting of the Officers
association was held last evening in the
rooms at the Templeton, the feature of
the evening being a paper by Lieutenant
] Wells, U. S. A. the topic being The
Military Forces of the United States and
When They Nav be Used"
Lieutenant Wells In the opening said
h. had quoted freely from Richard w.
Young's pamphlet on the use of the mill
tary in the suppressing of mobs. written
while that gentleman was acting judge
advocate of the department of the east.
quoting the constitution the writer Of
thu paper arrived at the deduction that
We have authority for military force in
the following order, regular army, Volun-
teers, the militia, drafted men, The volun-
teerS d1tter from the militia in this, that
it originates under the constitutional
power to raise armies and not to provide
for organizing the militia or to call out
the militia The militia is composed of
citizens organized with a term of service
whose limit is nine months when in the
service of the general gOvernm ent. They
cannot be used for invasion of a foreign
country or for military services abroad.
The employment of volunteers is not
limited by these restrictions. During the
war a class of persons who would not
volunteer and who were not members of
the militia were pressed into service.
In order to consider the service of these
four classes separately we have first the
use of militia by the state. The militia
cannot of its own motion. aid in the MAIN
tenanee of the public peace. In some
states it is held that the military should
never be employed until the civil authOrI-
ty- has exhausted its resources. but as a.
general rule il may be stated that where
a civil officer is authorized to call on the
military for aid, he need not wait until
he has exhausted these resources. The
civil official is the judge of the time
Mere show of force is often adequate In
these matters. In this state the discretion
is left the and of
riot, imminent danger to the sheriffs and
mayors of counties and cities. but the
officer in command must Immediately re-
port his action to the governor.
In view of this law. the lieutenant holds
that it is the duty of every officer to be-
come familiar with the military law Of
Concerning the use of the federal troops
by United States authorities. Lieutenant
Wells says it was, up TO 1873, rule that
any marshal or deputy marshal could call
on any part of the army TO act as posse
conitatus, but that power is now re-
moved. Under certain cases 1t would seem
that United States forces might enter q
state of its own motion, while in others
the request of a state is necessary. The
first case would be where invasion was
made by a foreign enemy. lnsurrectiOn
AGAINST the laws of the United States
would be another cause In the latter a
defiance of national sovereignty would
dispense with the necessity of a request
from the state. and the army might enter
against the states protest However, it
is not within the province of the COM
manding officers at Fort Douglas TO in
terfera with matters belonging exclusively
TO the state unless an application has been
duly made
The law governing the president in the
matter Of interference, such as was in
dulged in by Mr.. Cleveland in Illinois dur
ing the labor troubles. reads: Whenever
in the opinion of the president. and is
very broad. The president is thus made
the sole judge.
The federal use of militia is restricted to
Iepeliing invasion. to suppress 1nsurrec-
zion or 10 execute the laws. In case of
an invasion by England. the question
might be raised. could the milttiaS go no
farther than the border line of Canada
fair to assume the militia soldiers would
not hesitate TO go, even through not pro-
vided for by law.
lieutenant Wells holds the militia could
not under any circumstances. be COM
PEELED TO serve. or be used to repel a con-
Iemp-ated invasion For instance, If in a
war with Spain it were known that AM
army had embarked and were going to
make Cuba base of supplies for the in
vasion of Florida, the militia could not be
sent in transports to head off the army
of Spain. Cln this the mere fact of max
ing Cuba the base of supplies would be
considered as part of the INVASION
with good effsct-Military Ed y That
would be the service of regular or vclun-
teers-
In case Of war. or invasion. can the
National Guards be made TO do service
for the United States? That was the
next question. The deduction is in the
The paper was a very interesting one
and was listened TO with marked atten-
tiOn