The Savannah morning news., 1903-05-10

NAA ~ N5BA5NSs
colored troops, where a negro officer
might outrank white officer.
The law Of February Is, 1895, reads
as follows:
Whenever the United States are
invaded or in danger of invasion from
any foreign nation or Indian tribe, or
of rebellion against the authority of
the government of the United States,
it shall be lawful for the President to
| call forth such number of the militia
o. the state, OF states, most conven-
lent to the danger, or scene of action,
as he may deem necessary to repel
such invasion, or to suppress such re-
bellion, and to issue his orders for that
purpose to such officers of the militia
as he may think proper.
No New Danger.
1T will be seen from the above that
the militia have always been subject
to call by the President and that the
Dick bill safeguards the interests. of
the militia to a greater degree than
does the act of Feb. %, 1895, in that the
following words are inserted in Section
of the Dick bill, which do not appear
in the act of Feb. Is, 1875, viz:
Or the President is unable with the
other forces at his command
Under the Dick bill, there is no more
danger of the President going counter
to local public opinion in the matter of
ordering out the militia, than there was
under the laws in force prior TO the
passage of the Dick bill
In Martin vs. Mott, IL Wheat, 1890
| the following opinion was rendered.:
The act Of Feb. %, 1895, authoriz-
ing the President, under certain cir
cumstances, to call out the militia, is
constitutional, and the President is the
final Judge Of the emergency justifying
such CALL
In Houston. VS.. Moore, Wheat, l,
1t was decided:
That although the militia man who
refused to obey the orders of the Pres
ident calling him into the public service
was not in the sense of the act of 1875
| employed in the service of the United
States so as to be subject to the rules
and articles of war, yet that man was
liable to be tried for the offense under
the fifth section of the same act by a
court-martial called under the author
ity of the United States
II have quoted Houston VS.. Moore,
because exception Is also taken to Sec
ton of the Dick bin providing that:
Courts-n1artisl for the trial of of
fcers or men of the militia when in the
| service of the United States shall be
composed of militia officers only
"On the ground that the President
might order Georgia offenders tried by
court-martial composed of Northern
militia officers. The same danger exist
ed prior to the passage Of the Dick bill
Question of states Rights.
I'm reply to the objection that states
rights are infringed by the Dick bill,
l respectfully call attention to the fol-
lowing, which was of force long before
the Dick bill was in contemplation:
Constitution of the state of Georgia,
Article II, Section /, Paragraph l:
The laws of general operation in
this state are, first, as the supreme
law, the constitution of the United
States, and the laws of the United
States in pursuance thereof
From the above, it seems to me that
there is no more danger under the Dick
bill that there was prior to the passage
of the Dick bill that the Georgia State
Troops will be subjected to Tyranny
by the President of the United States.
1.-The interpretations of the War Col
lege Board to which objection has
been made, need not be considered as
final, since they are simply recon-
mendations, and will not be accepted
by the Secretary of War where they
conflict with the expressed wishes of
states.
The Negro Question.
Much emphasis has been laid upon
the fact that white troops may be
placed under the command of colored
officers by the President of the United
States. Section 10 of the Military Code
of the state of Georgia provides:
That the Governor may disband
companies in his discretion" believe
any Governor of Georgia would dis
band the negro companies before he
would permit them to do duty with
the white companies of the state.
1.-The National Guards of the various
states do not have to fully comply
with the provisions of the Dick bill
until Jan. q, 1908. Many questions are
likely to arise, requiring Interpretation
and 1t rests with the officers and men
of the National Guard to meet the Of
ficers of the army and the officials of
the War Department half way, in the
effort to adjust conditions and make
the execution of the law as favorable
as possible to all concerned"
G. A. Gordon,
Col. Comdg list Regt. Inf, G. S. T.