Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-30
Prescribing Privileges.

laws, the National Guard shall be the first
ordered into service.
Prescribing Privileges.
Sections Al and AS of the act of March /,
1889, referred to by General Harries, are
quoted by Mr.. Duvall, the first providing
that the commanding general of the militia
shall prescribe such stated drills and par
AIDES as he may deem necessary for the in
struction of its members, and may order
out any portion of the National Guard for
such drills, inspections, parades, escort or
other duties as he may deem proper; that
the commanding officer of any regiment,
battalion or company may also assemble
his command or any part thereof in the
evening for drill, instruction other bust
ness, as he may deem expedient, but that
no parade shall be performed by any regi-
ment, battalion, company part thereof
without the permission of the commanding
general.
Section As provides that every command
ing officer, when on duty, may ascertain
and fix necessary bounds and limits to his
parade or encampment; that whoever in
trudes within the limits of the parade or
encampment after being forbidden, or who
ever shall interrupt, modest or obstruct any
officer or soldier while on duty, may be
put and kept under guard until the parade
encampment or duty be concluded; that
the commanding officer may turn over such
person to any police officer, that said police
officer shall detain him in custody for ex-
animation or trial before the Police Court
and that the judge thereof may punish
such offense by fine not exceeding SO
Other sections of the act are quoted by
Mr.. Duvall, who then says:
1t is quite apparent that one of the chief
objects OF the organization of the militia
of the District to provide an efficient
aid to its civil officers in the execution of
the laws. and our National Guard which
has attained such notable degree of ex-
cellence under Its accomplished command
ing general. was designed to assist in the
preservation of the peace. order, quiet and
comfort of this community. which so Justly
holds it in high esteem. The question now
raised is whether in time of peace our Ma
tional Guard is subject to the lawful exer-
else of the police power which is by Con-
gress expressly granted to and vested in
the Commissioners of the District Of Co.
lumbia.
Regarded rs Erroneous View.
THE claim Of the commanding general
of the militia involves an assertion of the
negative. In this think, he is mistaken
After the passage of the act of Congress
providing for the reorganization of the Dis
trict militia, Congress, by its joint resolu-
ton approved February g. 1SB2 27 Stat
800, authorized and empowered the Commits
sioners of the District of Columbia to make
and enforce all such reasonable and usual
police regulations, in addition to those al
ready made under act of January %, 1887,
as they may deem necessary for the pro-
lection of the lives, limbs, health, comfort
and quiet of all persons and the protection
Of all property within the District of Co
lumbia. And thereafter, by act approved
July 20, 1892, q Stat, 325, Congress en-
acted that the laws and regulations within
the District of Columbia for the protection
of public private property. and the pre-
servation of peace and order be, and the
same are, hereby extended to all public
buildings and public grounds belonging to
the United States within the District Of Co.
lumbia.'
THE Court Of Appeals of the District of
Columbia, in Railroad Company against the
District of Columbia. 10, App. d. c., III.
of February %. 1892 said: We think 1t
clear that Congress intended thereby to
increase the powers of the Commissioners
to the full extent of those frequently, If not
generally, intrusted to municipal corpora
TONS |
Again, the same court, in Moore against |
the District of Columbia. u App. D. c., 537. |
said: But tie municipal government usu- |
ally possesses the power, either by express |
grant, as in the present case, or by virtue |
Of their general authority, to make laws
and ordinances relating to the public safety |
and good of the Inhabitants |
THE Supreme Court Of the District of Co |
hmbia, in re Sullivan, 81, d. c., 139. said: |
But 1t is to matters which, by their own |
operation, may affect life limb. health, |
comfort or quiet that this authority is |
strictly limited. 1t is with acts and con- |
duct which, by whomsoever done. tend in |
themselves to impair one Of these public |
interests that the Commissioners are au-
thorized to deal" |
Use of Explosives.
Mr.. Duvall goes on to explain that, exer- |
cising the power and performing the duty |
imposed upon them to make reasonable |
and usual police regulations for the protec- |
ton of the lives. limbs. health. comfort and |
quiet Of the people the Commissioners |
made certain police regulations. Several |
sections, he further explains, Of article 8 |
Of these regulations devoted to the 1
subject of the use of fireworks and ex- /
plosives, section 8 of said article providing |
as follows: