The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-21
IN THE DICK BILL
There are Dangerous Ten
denotes, it is Said.
The Savannah Press in an Article on This
Measure Urges Young Men to Consider
ii Seriously.

| it, though the measure comes cushioned
in an appropriation and holding out va
rious promises which are attractive BY
request we print it below:
THE Savannah Press does not wish
to prejudice the young men against the
Dick bill unless there are real objec-
tions to its adoption and enforcement
objections which should be seriously con-
sldered by the people of Georgia. This
paper has called atten,.on from time to
time to the matter because we have real
lied that there are dangerous tendencies
in the Dick bill and that the peculiar posi-
ton of the Southern States renders it nee
essary that the provisions of the bill
should be carefully studied and the pow
ers conveyed be closely scruunized. The
measure comes cushioned in an appro.
priation and holding out various promises
which are attractive, but which should
not cloud the more important matters at
issue. Prominent political authorities have
declared that the present bill does not
confer upon the President any new au-
thority and that there is virtually no
change in the management of the mi
litia from the old law. The question
mas Deeu asked III Ieply why tucH Was
the new law passed at all. and why has
the government gone to the trouble of
making such attractive offers to men to
enlist under regulations which they had
already accepted? Many of the officers
and men who have studied the new law
contend that there is a great deal OF diff
ference in the Dick bill compared with
the old military statues. Prior to the pass
age of the Dick bill the militia of the
United States consisted of every able
bodied male citizen of the respective
States, resident therein, who is of the
age of IS years and under the age of 45
years. Revised Statutes, Section 1925.
Congress provided for the enrolment
of all such persons for their arming
themselves, for their being differed,
for annual returns to the President,
how and for what purpose the President
could call them out etc.-Reyised Statutes.
Section 1926 ct seq.
1T is scarcely necessary to argue that
the Presidents authority was limited to
the militiamen designated; that is, to
the individuals unorganized and to such
organizations as were established in pur-
suance of these laws. In Georgia, at the
time of the passage of the Dick bill, there
were no. militia organizations under these
laws, the organizations established there
under having fallen into disuse. The vol
untcer commands of Georgia were not or
gained under these laws, but under spe-
cial enactments of the General Assembly
of the State, and as organizations were
not In any way subject to the authority
or control of the President of the United
States. The individual members OF such
volunteer commands were still subject
to militia duty under the laws of Con-
gress just as were all other citizens fall
ing within the provisions of those laws.
The Dick bill provides:
THAT the militia shall consist of
every ablebodied male citizen of
the respective States, territories, and
the District of Columbia, and every
able-bodied male of foreign birth who
has declared his intention to become
citizen, who is more than Is and
less than As years OF age and shall be
divided into two classes-the organ
lied militia, to be known as the Ma
tional Guard of the State, territory,
or District of Columbia or by such
other designations as may be given
them by the laws of the respective
States or territories, and the remain
der to be known as the reserve
militia.
1T will be seen at a glance that under
this late law the attempt is made by
Congress to take unto the United States
the organized volunteer commands of
the States and to constitute such COM
mahds, organizations, a part of the
militia of the United States. 1t is very
clear that the new law does attempt
to work great change in the status OF
the volunteer commands.
Under the construction placed upon
this new law by the army college board
it goes even further and requires State
co forego It's right to organize and main
tain volunteer commands for its own pur-
poses, which shall not be subject to the
;orders of the President and to turn over
to the United tSates the volunteer com
mands now in existence. If this con-
struction be correct, Congress recognized
its inability to enforce such a law, for
there is no provision made for It's enforce
ment and the only penalty incurred by a
State which refuses to comply is the for
fixture of the benefits accrulng under the
| law.
''The President of the United States
recognized his lack of power to order out
! the volunteer commands of the States
as part of the United States militia by
not calling them out at the outbreak of
| the Spanish American War; all he did
while calling for militia was to express
the hope that such commands would re-
spond. Congress also recognized the same
lack of power by passing a special act.
providing that when the members of am
company, troop, battery, battalion, or
regiment of the organized mInUla Of any
State shall enlist in the volunteer army
| in body. as such company, troop, Lat
terry, battalion. or regiment, the tegi-
mental, company, troop, battery. and bat
talon officers in service with the militia
organizations thus enlistIng may be APP
pointed by the governors of the States
and territories, and shall, wnen 50 ap-
pointed, be officers of corresponding
grades in the same organizations when it
shall have been received into the service
of the United States as part OF the vol
unteer army
There is another very important change
which is wrought by the Dick bill. Under
the old law the President could cali out
the militia under the following cIIcum.
stances: