The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-11-09
IMPORTANT DECISION.
Florida supreme Court Declares
Null and Void County ArmOry Law


Null and Void County ArmOry Law
Tallahassee, Fla, Nov. S.-Two weeks
ago the Florida Supreme Court rem
dered a decision in a case appealed
from the Jackson County Circuit Court,
affirming the judgment rendered by
Circuit Judge L. j. Reeves, declaring
null and void the statute which seeks
to make it the duty of the Boards OF
County Commissioners in counties
where a company of state troops was
organized and mustered into the state
militia to build and maintain an ar
mory for each such company. AT the
time this decision was rendered AdJt.
Gen. j. Clifford r. Foster was absent
from the capital. He has returned here,
and when asked as to the probable eff
feet of the decision upon the future of
the troops, said:
THE decision will be far-reaching in
its effects, and came as something Of
a surprise to those who in this matter
have been working in the interest of
the State Troops; but we are by no
means inclined to give up the ship, and
it is probable that the Mariana com
pany will direct its legal representa-
tives TO move for a rehearing, as we
believe that additional strength has
been lent 10 the case, and new light
thrown upon the question by matters
which have developed since the briefs
were filed.
The State Troops have had little to
encourage, and much to discourage
them during the past four years, yet
my recent tour of inspection developed
the fact that-with the exception OF
some three organizatons-the troops
are now in better condition. better dis
ciplined and better equipped than they
have ever been before, during my con-
nection with them.
The militia is an important arm of
the state government; 1t is relied upon
to enforce the laws and maintain the
public peace whenever the power of all
civil authorities has been exhausted.
This being true, it is necessary that an
organized and trained force be main
tained,' and, to this end, suitable ac-
commodations must be provided for the
care of the public property entrusted
to the several organizations. Should it
be established that the counties cannot
be compelled TO provide armories, it
will of necessity devolve upon the state
to do so; hence the companies now or
ganiZed need not be disturbed by this
decision.
I'VE confidently expected the judg-
ment of the lower court would be re-
yersed. In the states of New York
and Illinois the constitutional provi-
sions are almost identical with ours,
yet armories are built and furnished in
those states by counties and munich
palities. In this decision of the SUI
preme Court the prevailing opinions
dwell upon the fact that the militia is
essentially a state institution, and that
n en- nHn 70 fntA he.
imposed only by the state at a uni
form and equal rate upon all taxable
property throughout the state. I'm
der existing law the Urganized militia
is limited to some twenty-eight COM
panies, and they are located in the
most thickly settled communities, be-
cause there the need for a military
force is most likely to arise; suppose.
then, that it should be deemed advis-
able to erect armory buildings at the
public cost, might not the people in
counties where there are no military
organizations reasonably contend
against the expenditure of a fund to
which they have contributed an equal
share in a manner which would direct
~ oeneft some special community, both
by enhancing property values and by
the increased security the presence
there of the military wouldGi
The State Capitol, Stat& Asylum,
Institute for the Deaf and Blind, etc,
are cited by the court as state insti-
buttons. the cost of whose erection and
maintenance must be borne wholly by
the state, but to my mind these are
hardly analogous cases. A letter l
have just received from a brother Of
hcer presents an illustration much
more to the point; he speaks of the
county court houses. Circuit Court
judges and state attorneys are certain
ly state officers. and circuit courts are
state institutions, yet the counties are
each charged with furnishing and
maintaining court houses for their ac-
commodation, and the laws enforced
by such courts are state laws, Just the
same laws that are enforced by the
militia when the necessity arises.
1T has all along seemed to me that
there is much Of right and justice in
the contention that communities which
are directly benefited by having within
their limits portions of the organized
militia should be required to specially
contribute to the support of the same.
have not given the matter much
thought, but it would seem that a con-
stitutional amendment authorizing
counties and municipalities to erect or
provide armories would be the proper
remedy