Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-01
IN RESERVE MILITIA
EVERY CITIZEN WHO Is NOT IN
THE ORGANIZED SERVICE.
Important Inquiries Regarding the
Dick Law Answered by
Col. Parker.

All sorts of inquiries are made at the War
Department regarding the provisions on tho
militia law. A few of the more important
| of these are answered by Col. Parker. chief
| of the militia division of the adjutant gen.
era ais Office. in letter to a national guards
| man of Ohio. in which he says:
Replying to your letter of May 20. ad-
| dressed to the Secretary of War. a copy OF
which is attached and In which you ask
| are the men who were originally in the
Ohio National Guard previous to the enact
ment of the Dick bill now members of the
United States reserves. or not l am d.
rected by the Secretary of war to invite
your attention to the first section of the
militia act of 1903. which reads as 1ollowsa
The Dick Law.
THAT the militia shall consist of every
able bodied male citizen Of the respective
states territories and the District of Co
lumbia and every able-bodied male of for
eign birth who has declared hts intention
to become a citizen. who is more than
eighteen and less than forty-ive years OF
age and shall be divided into two classes
the organized militia. to be known as the
national guard of the state. territory or
District of Columbia, or by such other des-
ignations as may be given them by the
laws of the respective states or tea rftories.
serve militia
every ble-bodied male citizen of tho
United States not in the organized militia
thus belongs to the United States reserve
militia. In this respect the present law dff-
fers but slightly from the law which has
been in force since 1892 (section 1625. Re
yised Statutes). which reads:
Every able-bodied male citizen OF the
respective states resident therein. who Is OF
the age of eighteen years and under the
age of forty-five years, shall be enrolled in
the militia
..The law of 1872 embodied every maIs
citizen of military age in the militia: tho
present law differs from 1t In merely divid-
ing the militia into two classes. distinguish
ed from each other as the reserve militia
and the organized militia.
The Constitution.
1.-THE Constitution OF the United States
saws in article 1, section s. paragraphs ID
and 10:
Congress shall have power
"15 To provide for calling forth the mi
Itia to execute the laws of the Union. sup
press instructions and repel invasion5.
.16 To provide for organizing, arming
and disciplining the militia and for govern
ing such part of them as may be employed
in the service of the United States. rrserv-
ing to the states respectively the appoint
ment of the officers and the authority OF
training the militia according to The dis
cpline prescribed by Congress.
Under this section of the CONSTITUTE IN
and the laws enacted pursuant thereto in
1892 every citizen of the United States OF
military age. whether In the organized NIL
Iitia or National Guard or not. has always
been subject to being called into the serv-
ice of the United States against their wish
or not. Quoting your words). to suppress
Instructions. to repel invasions or to exc
cute the laws Of the Union in any part az
the United States.
LAS stated above. 1t has always been tho
duty of the citizen under the Constitution.
when called upon by the United States, to
enter it's service for its defense. and the
United States has had the right to enforce
this obligation. Under the militia act OF
1903 to which you refer. the President Ii
very properly given power to call upon tho
organized militia when troops are needed
for it's defense and the enforcement of its
laws
''The obligation of the members ot the
National Guard of Ohio Is not, theresore,
increased by this act.
This answer is transmitted to you
through the adjutant general of your state.
through whom all communications should
be sent in future"