Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-07-20
STILL LIVES.
Supreme Court Decision Re-
garding Vermont Ma
tional Guard.
RESUMED ITS OLD STATUS
W hen 1t Returned From its Leave of Alb
sceace to Serve III the spanish War
All Guurdsmen who Did Not GO
to War Were Honotably
Discharged.
RESUMED ITS OLD STATUS

The Supreme Court of Vermont 10 whom
Gov E. G. Smith applied for Il decision
concerning the status of the Ncrmont Ma
tiondl Guard has filed it's opinion with
County Clerk Ray of this city. The de-
cision of the court is that the National
Guard of Vermont still exists and the old
First regiment still lives: that the first
regiment practically went into the United
States army on leave of absence and, up
on its return resumed it's old status that
AL former members of the National Guard
VINO went to the war are still members
of the National Guard: that all former
Guardsncn who did not go are ilonorably
discharged from service; and that citizen
volunteers who enlisted to bring the COM
ponies up to a war strength. upon ,hoir
muster out returned to civil life and are
not members of the National Guard
The decision. with the letter of Gov.
Smith is printed in full. as follows:
St. Adams March >. 1899.
Hon. r. 5. Taft. Burlington. VT:
My Dear Judge:-Will you kindly con-
slider the hlpter in the Vermont statute IS
relating to the militia together with act
No of the special session of 1895 and ad-
wise r'e what the duty of the executive is
with reference to Coorganizing the nations
al Guard of Vermont?
1t j. claimed on the one hand that the
Natioral Guard no longer exists and that
in view Of certain objections on the part
of the possible unConstltutiurality OF the
act No. f the extra session of 1S1S that
the executive has no authority to move in
the premises, and that the organization of
the National Guard of NeCmont is dead.
1t is claimed on the other hand that it
isn't, that the act passed at the cAtia scs-
sion is constitutional. unequivocal ard has
behhd it the pledge of the good faith of
the state to these men who surrendered
their positions in the National Guard. and
accepted service as volunteers in the army
of the United States; that the state should
restore to them the Cights and positions
they surrendered, and that in any event,
irrespective Of this, the 1872 section of tic
Vermont statutes is mandatory on the eX-
ecutiNc and that ii is his duty to rcor-
ganize the militia at once. Your cary AZ
tention to this COMMUNICATION is respcct fully
asked iu order that the executive may W
advised how to proceed in dealing wnn
the above question.
Very truly yours.
(Signed T.. c. SMITH.
To Edward c. Smith, Governor of the
State of Vermont:
Slr-ln reply to your request Of Marcl
%. 1899, for the opinion of thc judge OF
, the supreme Court relative to the pres
, cnt status Of the militia of the State, anG
this is attached, the following opinion Is
given:
On the 20ih day of April ISIS a Joint
resolution of Congress was approved. en-.
tilted "Joint resolution for tho recorni.
ton Of the Independence of the people oI
Cuba demanding that the rol "rumcnt o
Spain re.inquish it's authority ana govc n.
mont in the Island Of Cuba. AMI to with
draw its land a.ld naval forces from Cuba
and Cuban waters. and directing Ihe Pres
+ ident of the United States TO use the lin(
and naval forces of the United States tC
carry these resolutions into effect" anC
, on the 22d day of the same month an ac
OF Congress was approved. enLltled As
act to provide for temporarily increasing
the military establishment of the Unite,
States in time of war and for other pur
poses,' and. on the following day Il Yroc
! lamation was issued by the President call
ing for volunteers to the aggregate mum
bet of 125N0 in order to carry into cffcc
| the purpose of the above named resolu
tio'l, as far as practicable, among the saN
eral states and territories and the bis
4 trict of Columbia, according to popua
! ton. and to serve for two years. unlcs,
soCner discharged
| BY section six of said act 1t is provd
! ed among other things "That when IA.
/ members of any company, troop battery
battalion or regiment of the organized m.
/ litia of any State shall enlist in the vol
/ Unteer army in a body, as such company
troop, battery. battalion or regiment tn,
, regimental company, troop battery ga,
! battalion officers in service with the mi
1 litia organizations thus enlistng may ~
. appointed by the governors of the state
and Territories, and shall when so ap
, pointed be officers of corresponding graGo
la the same organization when il shal
have been received into the services o
( a