Evening journal., 1898-01-21
THE COURT MARTIALS.
Some Hold That They Are
Unconstitutional.
THE NEW CONSTITUTION QUOTED

TrAIISs CAN ONLY BE HELD IN
TIME OF WAR. OR WHEN PUB
LTC DANGER THREATENS.
Some members Of the National Guard |
hold that the proposed court-martials
set for next month are unconstitu-
tlonal, and the point is likely TO be
raised in formal manner when the
proper time comes.
These are the sections OF the Con-
stitution upon which the contention of
the unconstitutlonality Of the proceed
ings is based.
Section Z. In all criminal prosocu-
tiOna, the accused hath a right TO be
heard by himself and his counsel. 10 be
plainly and fully informed OF the ma
ture and cause OF the accusation
against him, TO meet the witnesses IN
their examination face to face, TO have
compulsory process In due time on APP
plication by himself, his friends or
counsel for obtaining witnesses in his
| favor, and a speedy and public trial by
an impapial jury; he shall not be COM
PEELED to give evidence against him,
self, nor shall he be dprived Of life, lib
erty or property unless by the Judg-
ment OF his peers or by the law Of the
land.
Section 8. No person shall for any
indictable offence be proceeded against
| criminally by information, except In
cases arising In the land or naval
| forces, or in the militia when in actual
service in time OF war or public dan
| ger; and no person shall he for tho
same offence twice put In jeopardy OF
life or limb nor shall any mans prop
erty be taken or applied to public use
without the consent of his representa-
| tives, and without compensation being
made
Section 9. All courts shall he open;
and every man for an injury done him
in his reputation. person, movable or
immOvable possessions, shall have rem
edy by the due course of law, and JUS
tice administered according TO the very
right OF the cause and the law Of the
land without sale. denial, or unreasOn-
able delay or expense; and every ac-
tion shall be tried in the county In
which It shall be commenced, unless
when the judge OF the court in which
the cause is TO he tried shall determine
that an impartial trial thereof cannot
be had in that county. Suits may be
brought against the state according L
; such regulations as shall be made by
, law.
Section 10. The privilege Of the wri
OF haheas corpus shall not be suspend
d cd, unless when in cases OF rebellion
j OF invasion the public safety may re
a quire Il.
y Section IT, No standing army shal
7 | Of IN
y General Assembly, and the militar
e shall in all cases and at all times be i
e strict subordination TO the civil powol
# Section IS. No soldier shall in tim
d Of peace he quartered in any hous
y without the consent OF the owner; no
& in time OF war but by a civil magia
2, trate, in manner 20 be prescribed b
e law
e Section 2. Of Article III. Of tn
:, United States Constitution declare
"A that:
g "The trial OF all crimes. except q
4. cases Of impeachment, shall be b
, jury"
II Thus far only two men have been OF
n dered for trial by cOurt-martial at tn
, Armory on wednesday, February 3, q
+ 8 o'clock They are John M Schwam
l. and Norris Mccullough, both member
a Of Company G.
e The detail OF the court is Lieutenant
L Colonel G. M. Stevenson, Captains
o. r. Rogers and Edwin T.. Rutan CaI
tain Robert Pennington, judge-ady'
cate.
The men are charged with non-a
g tendance TO duty, they having failed
- go to drill. and If they are convictf
and fined they must pay the fines
p. go to iail under the new state milit
I'd | law. Many Of the men are scared Il
n, fear that they will be hauled UP befo
a. the court-martial. Some Of them wei
at night and cannot get up to DR.
rs without losing their situations. 1t
by believed that due allowance will
ed made for such cases.