The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-05-03
OR DERS OUTI0-DAY.
Governor Voorhees, Has De-
cided to Stand by Militia
Commissions Report.

Especial to 1.-THE Jersey City News.p1
TRENTON, May 8, 1sss.-The orders
formally recognizing the National
Guard VIII be issued today. Governor
Voorhees, yesterday had several calls from
members of the Second Regiment, who
came to plead for some modification of the
plan as suggested by Generals Sewell,
Wanser and Spencer. After hearing the
arguments, however, the Governor decid-
ed that it would be better to allow the
plan as recommended by the special conn
mission to stand.
I Under his plan the Trenton companies
Twill continue as a part of the new Second
| Regiment, but the local division of the
Naval Reserve is wiped out altogether.
The military authorities do not antici-
pate any trouble from the threatened
court proceedings by some of the dis
banded companies. The authorities quote
| the decision of Justice Parker, give1 in
1854. in the case of Charles A. Grove, cap-
tain of Company F, Third Regiment,
which was d~isbanded, versus Major Gem
eral Gershom Mott, division commander.
The company was disbanded, withou,
court martial, for mutinous conduct and
Tie pldCCQ jill WI M D ~
was commended that the section of the act
under which General Mott placed the off,
GERS of the disbanded mpa on the re-
tired list was in conflict with the consti-
tuition in that it violated Article Z. Sec
ton 1, paragraph 6, which forbids the re-
moval from office of commissioned officers
of the militia, except through sentence of
court martial.
Justice Parker held this contention to
be fallacious, as the officers were not re-
moved from office, but placed on the re-
tired list. '"The framers of the National
Guard act" he said, in his opinion in the
case, knew the difference between TAX
ing away an officers commission and
placing him on the retired list. By plac-
ing Captain Grove and the other officers
of the company on the retired list, the di-
vision commander kept within constitu-
tional requirement, and did not only
the constitution permitted and the law
authorized, but pursued a course sane
toned, by long military usage
Justice Parker, in the opinion, held that
an order for disarmament made by the di-
vision commander is not renewable by
the Supreme Court. 1t is a matter of
OrSdIilZdllOl ana must ne governed Dy
military law. He quotes a long line of
decisions, showing that the line of de-
NARRATION between the misdirection of
the civil and military tribunals was well
established, by determining whether the
question involved relates to the ~organiza-
ton and discipline of the corps composing
the military forces of the State, or
whether any civil disability, fine or pen-
atty attaches. 'sThe the latter case, says
the opinion, 'sthe Supreme Court will en-
terrain a writ of certiorari, but in the
former, only the military authorities can
act, and If the action of the inferior mills
tary- tribunals be not satisfactory, re-
course can be had only to the COM
mander-in-chief.
Continuing, the opinion said:-'In the
case now before this court the rights of
no one have been encroached upon.
Neither officers nor men have incurred
any civil disability. The officers have
from the SERVE. A company in one of
the regiments of the National Guard has
been put on s4ie retired list and that is all.
The men are not debarred from joining
other companies in the organization. The
officers placed on the retired list still
hold their commissions and may be as
signed to military duty by their superior
officers.
The order complained of relates only
to organization and is not renewable by
the Supreme Court. Should this. court
assume Jurisdiction and interfere with
the discretion of the military authorities
in disbanding or consolidating corps of
the militia, it woul palsy an important
arm of executive power, created and sus-
tanned by the legislative branch, for the
preservation of order and necessary, as
events have proved, for the protection
and preservation of civil government.
The only safety is for each department to
act within it's legitimate sphere. There
is no place on the bench for a military
commander, nor Is there room on the
same saddle for the court and a major
general