The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-31


The right of the National Guard Of the
District of Columbia TO indulge in rifle
practice within the limits Of said District,
and particularly to inaugurate sham bat
ties on the fats of the Potomac and TO
keep half the city awake until after mid
night without a permit from the authori-
ties. has been declared Illegal in an opin-
ion submitted to the Commissioners yes
terday by their attorney, Andrew B..
Duvall.
1t will be recalled in this connection that
on the night of June q, 190O the militia
Of the District INDUCED in an alleged sham
battle in the neighborhood of the Long
Bridge to the annoyance of the residents of
Washington.
On being called to account for this I'M
usual action by the Superintendent Of
Police, the commanding general George
H. Harrles. defended his action in order
ing the sham fight on the ground that the
laws of Congress gave him the right, with
out asking permission OF the District au-
thorities. Not being Of that opinion the
Commissioners referred the matter to
their attorney, with the request that he
pass upon the question at issue and ac-
quaint them with the meaning and inter-
probation Of the law relating TO the rights
ef the militia to make night hideous, on
such occasions as their officers might take
the whim to order them cut to the de-
fence of Long Bridge or some other ap-
proach TO the city against an imaginary
enemy.
Mr.. DuvaITs Opinion.
Mr. Duvall has given some days to the
consideration of the question, and his re-
port to the Commissioners follows:
Il have duly considered your memoran-
DUN concerning the firing of blank cart
ridges, etc, by the National Guard of the
District of Columbia On the night of June
q, which. with z copy of the letter from
the Major and Superintendent OF Police
TO the brigadier general commanding the
District militia, and his letter in reply
thereto you referred to me for opinion as
20 the right of the District militia to con-
tinue such practices.
1.-THE brigadier general commanding the
militia, in response to the letter Of the
Major and Superintendent of Police, TO he
informed why a permit for the firing COM
planned OF was not UTSt tDLdiuCu III GGCDIu-
ance with the police regulations, replied
that, in his opinion, such permit was not
necessary, quoting sections Il and As Of the
act of Congress approved March 1, 1889
(25 Stat. 772), TO provide for the organiza-
ton of the militia OF the District OF Co
Iumbia.
This act of Congress provides that every
abel bodied male citizen resident within
the District of the age Of eighteen years
wears with certain eX-
ceptions therein stated, shall be enrolled
in the militia; the Commissioners of the
District are TO provide for such enrolment
by requiring the assessors of taxes TO make
a list OF persons liable to enrolment;
such enrolled militia is not to be subject
TO any duty except when called into the
service of the United States or to aid the
civil authorities in the execution OF the
law or suppression OF riots. The act also
provides that the President of the United
States shall be the commissioned OF
the militia of the District. and that he
shall appoint commanding general there
of, with the rank OF brigadier general, who
shall. subject to removal at any time by
the President, hold office until his success
sor is appointed that the active militia
shall be composed OF volunteers, to be
designated the National Guard Of the Dis
trict of Columbia, and in case the militia
are called into thn service OF the United
States or required for the suppression OF
riots, or 10 aid civil officers in the execp-
ton of the laws, the National Guard shall
be the first ordered into service
Then follow specific provisions for the
organization, etc, of the militia.
The Organic Law.
Among the subsequent sections Of the
act are the following:
Sec Il. That the commanding general
shall prescribe such stated drills and pa
rades as he may deem necessary for the
instruction of the National Guard, and
may order out any portion of the National
Guard for such drills, inspections, parades,
escort, or other duties. as he may deem
proper. The commanding officer Of any
regiment battalion, or company may also
assemble his command, or any part thereof,
in the evening for drill. instruction. or
other business, as he may deem expedient;
but no parade shall be performed by any
regiment, battalion, company, or part
thereof. without the permission Of the
commanding general
" Sec. a. The National Guard shall have
the use Of the drill grounds and rife range
at the Washington Barracks, subject to
the approval Of the Secretary of War. and
the commanding general Of the militia
shall provide such additional targets and
accessories as may be necessary for the
use Of the militia
Sec. IS. That when there is in the
District Of Columbia any tumult, riot, mob,
or body Of men acting together by force
with attempt TO commit felony or to
offer violence to persons or property. or
by force and violence to break and resist
the laws. or when such tumult, riot, or
mob is threatened, it shall be lawful for
the Commissioners OF the District Of Co
lumbia. or for the United States Marshal
for the District Of Columbia. TO cali on
the commander-in-chief to aid them in
suppTessing such violence and enforcing
the laws; the commander-in-chief shall
thereupon order out so much and such por-
ton OF the militia as he may deem neces-
sary 10 suppress the same, and no member
thereof who shall be thus ordered out by
proper authority for any such duty shall
be liable TO civil or criminal prosecution
for any act done in the discharge OF his
military duty.
Sec. A.. That the United States forces