The Savannah morning news., 1903-06-09
ROOF MAKES REPLY.
1continued from Tenth page.l

I
embodied in the constitution undertook
to assign such control over the militia
in part to the general government and
in part to the several states. To that
end the following language was used:
Congress shall have power
ITO provide for calling forth the
militia to execute the laws of the
Union, suppress instructions and re-
pei tnvasions." Const., Art. l, Sec. s,
Par. IA.
Congress shall have power
ITO provide for organizing, arn1ing
and disciplning the militia and for
governing such part of them as may
be employed in the service of the
United States, reserving to the states
respectively the appointing of the Off
GERS and the authority of training the
militia according to the discipline pre-
scribed by Congress" Const, Art. l,
Sec. S. Par. Is.
states Rights.
THE President shall be commander
in-chief of the army and navy Of the
United States, and of the militia of the
several states when called into the
actual service of the United States
Const. Art. II, Sec. ?, Par. l.
The act of 1903, like that of 1892, is
so drawn as to restrict the participa-
ton of the government Of the United
States and those of the several states
! WITHIN the INES Oh lllllbAlOlI set lOl III
in the constitution. Congress in. Sec
ton l of the act under examination
defines the militia, subjects it to GER
tain classification, and provides that:
The organization, armament and
discipline of the organized militia in
the several states and territories and
| in the District of Columbia shall be
the same as that which is now or may
be hereafter prescribed for the regular
and volunteer armies of the United
States, within five years from the date
of the approval of this act" 80
Stats. %. 775)
1t will thus appear that there is
nothing in the new law which author
ICES any branch of the executive to
trespass upon the field of offering,
disciplining and training the militia,
which is expressly reserved to the
states in the constitution. So long,
| therefore as il continues to be a state
force it is governed, controlled and
regulated by the state laws and regu-
lations and il is only when, in the man.
ner pointed out in the constitution, 1t
passes into the actual service of the
United States, that it ceases to be sub
ject to the laws of the state of whose
military force it constitutes a part.
l will now attempt to answer your
inquiries in the order in which they
| were put.
L
President or the War Department to
send troops of one state into another
state to quell riot or enforce the laws
of the union?"
Not in Contemplation.
If instruction exists within a state
the duty of REFRESHING it vests, pri-
marily, with the government of the
state, and the Federal government is
only permitted to interpose at the re-
quest of the Legislature or if that
body be not in session, upon the appli-
cation of the Governor The same case
exists if the execution of the laws of
a state be resisted; the duty of sup
porting the civil authority rests in the
state and the Federal government lies
under the same restriction as before
in the matter of interference. If the
execution of the laws of the union" be
impeded, that is, III the President finds
that he is unable to enforce them with
the ordinary civil agencies which are
! provided for that purpose, the. duty, of
| execution remains unimpaired and he
! is empowered by law to call to his aid
THE land and naval forces" that is,
he may use the military forces of the
United States to secure the execution
of the laws of the United States and
no demand would be made upon the
states for assistance until the resist
! formidable proportions as to make a
general call upon the states necessary
and to bring in the whole or part of
their organized militia-in a case, for
example, such as was presented in 1872
or in 1861. In view of what has been
said, 1 think this question should be
answered in the negative.
; Second. Has the President not to
use the regular army first, and if not
sufficient the troops of the state where
the trouble occurs, before he can call
on the troops of another state?"
This question would seem to be fully
answered in Section of the new mi
tilia law, which provides that the mi
. ltia may lawfully be called forth in
two cases: First, whenever the United
r States is invaded, or in danger of in
, | vasion from any foreign nation, or OF
rebellion against the authority of the
government of the United States;" sec
ond, whenever the President is UNI
able, with the other forces at his COM
mand, to execute the laws of the Union
in any part thereof" The first case
evidently contemplates case of public
war, in which the entire constitutional
military forces may be called forth and
employed; the second contemplates the
case already discussed in answer tc
question l.
The Governors Orders.
Third. Would not the order from
the President most likely come through
e the Governor of the state?"
: Unquestionably the Presidents cal
:, for militia would be addressed to the
, Governors of the several states; such
< indeed, is and always has been, the
!. normal method of bringing any por-
o ton of the militia into the service o.
the United States; the authority "tC
issue his orders to such officers of the
Y militia as he may think proper" is
+ re-enactment of the act of Feb rs, l79
q Stats, 42D. which was passed t
/, meet an emergency. The emergenc!
: was so unusual that it is extremely
d unlikely that it will ever occur again
= but out of an abundance of caution
y Congress evidently deemed it wise t.
$ retain the power in the President il
(. the event of a similar happening in tn,
r future.
h Fourth Is there not law that tn,
e troops of one state cannot be sent int
r another state without permission o
e the Governor of the state the troop
= are sent to? l have in mind the cas-
d of Chicago, when President Cleveland
}, sent a portion of the regular army t,
d quen the riot. as troops from othe
i states could not be sent"
l. If the militia has been "called forth
by the President it becomes a part o
the constitutional military establish