New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-15
UNIONTSM VS.. MILITIA.
BELIEF THAT MOVEMENT STARTED IN
SCHENECTADY MAY GROW.
GENERAL. PHIsTERER. ASSISTANT ADJU-
TANT GENERAL. QUOTES FEDERAL
AND STATE LAWS BEARING
on NATIONAL GUARD.

Albany. Nov. "a (speciaD.-Generai Frederick
Phisterer Assistant Adjutant General. had his at
tention called this morning to the action of the
Painters and Decorators Union of Schenectady in
eXpellng william Potter because he is a member
of the National Guard and his loss of his position
in the store OF Shafer & Barry, Of Schenectady.
Mr. Potter is a member of Company F. I'd Reg-
ment OF the National Guard and served as mem
Der of that regiment in the Spanish-American war.
Company F was called out on October I. pursuant
20 the direction Of Governor odel TO maintain or
der along the valley of the Hudson River. where a
strike was I'm progress on the lines of the Hudson
Valley Traction Company. There had been riot
at Glens Falls
Resolutions were passed by the Trades Assembly
of Schenectady while the strike was in progress
calling upon the local unions affiliated with II 10
expel all OF their members who were members or
the two companies of the National Guard in schen-
ectady Companies and F, of the "a regiment
There other members of labor unions besides
Mr. Potter in these companies. War upon them oy
the labor unions OF Schenectady is naturally ex-
pected after this action in Potters case
MOVEMENT MAY BE GENERAL.
The movement among the labor unions in opposi-
ton TO their members joining the National Guard
or continuing to be members of It may spread
through the State. year ago here in Albany.
after the trolley railroad strike. 1t was said the
labor unions did not wish their members to Join
the National Guard. and prominent National
Guard officer said he expected that the labor unions
would discourage their members joining the Ma
tional Guard.
General Phisterer declined to make any comment
on the dispatches in the newspapers or to-day
from Schenectady describing Potter's experience
except TO point to the Constitution of the United
States the laws OF the United States and the laws
of the State Of New-York regarding the militia
Article I, Section l., Of the Constitution or the
United States says Congress shall have power 10
provide for organizing. srmng and disciplining the
,G,,crc frrb RI n
NAV be EMPLOYED in the service of the United
States reserving TO the States respectively the ap
pointment Of the officers and the authority or
training militia according TO the discipline pre-
scribed by Congress"
General Phisterer pointed out this provision or
the laws OF the United States:
Every able bodied male citizen of the respective
States resident therein who 1S is eS OF Of fne
years shall be enrolled in the militia
THE MILITARY CODE.
The Military Code Of this state as General Phis-
terer pointed out declares that "all able bodied
male citizens between the ages OF eighteen and
forty-flve years who residents OF this state
shall constitute the ilitia except certain persons
wko are named-a relatively small class.
The Military Code also says:
The Governor shall have power IN case OF In
surreetion tumult riot or oreaeh OF me peaee, Oh
service OF the State any part Of the militia that
he may deem proper
That was what Governor odell did. There was
"tumult" and riot in the Hudson River Valley
and he ordered out the militia 20 keep order. II
Mr. Potter had failed TO respond to the Governors
call he would have been liable to punishment The
States Military Code says on that point:
Every member Of the militia ordered out, or
of this article who does not appear az the time
and place designated by his commanding ohlcer
the Mayor Supervisor, within twenty-four hours
from such time, who does not produce a sworn
certificate OF physical disability from a physician
in good standing, 20 so appear. shall De taken
to be a deserter and dealt with as prescribed in
the articles Of war OF the United States
An estimate OF the cost to Warren County or
the I'd Regiments strike service was filed on
wednesday with the County Clerk OF that county
The figures $4,000; and this did not include
s2S6l n. the cost OF calling out earlier Company
X Of that regiment. resolution was introduced
In the Warren County Board OF Supervisors on
Wednesday calling for united action by the rep
resentatives in the legislature OF the counties or
Saratoga, Washington and Warren toward per-
suading the State pay the Indebtedness in
CURED by those counties while the trolley rail-
way strike was in progress.