The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-12

The Dick bill is just now matter of
much interest TO military men. The
Morning News interviews on Sunday
with Capt w. B. Stephens and Col. G.
A. Gordon concerning the bill were
widely read and discussed. The legal
questions involved in the bill seem not
to be thoroughly understood by many.
Capt. Stephens was asked yesterday for
his views on some of the legal issues.
Il have no objection to giving you
my ideas of the law" he said, though
l much prefer that you interview some
lawyer of greater ability and longer
experience than l can claim
Il notice." said Capt. Stephens, that
in the publication of Saturdays inter-
view and letter you inadvertently
placed the cart before the horse. My in
terview was evidently submitted to
Col. Gordon for reply, and yet his let
ter and my interview are so placed that
Ii appears my interview was an attempt
to answer his letter, which is not the
case"
Congress and the Militia.
But as to the BILL" said Capt. Steph-
ems. 1t is true that the Constitution of
the United States vests in Congress the
power to provide for organizing, arm
ing and disciplining 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 appointment of the Of
ficers, and the authority of training the
militia, according to the discipline pre-
scribed by Congress. Paragraph 10,
Section 8, Article l of Constitution.
Also the power to provide for calling
forth the militia to execute the laws of
the United States, to suppress insur-
rection and repel invasions.' Para
graph IA, Section 8, Article l of the
Constitution.
ut is also true that Congress. by act
of Feb. 2S, 1895, Or. S., Section 1642).
provided that whenever the United
States are invaded, or are in imminent
danger of invasion from any foreign
nation or Indian tribe, or of rebellion
against the authority of the govern
ment of the United States, it shall be
lawful for the President to call forth
such number of the militia of the state
or states, most convenient to the place
of danger, or scene of action, as he
may deem necessary to repel such in
vasion or to suppress such rebellion,
and to issue his orders for that pur-
pose to such officers of the militia as
he may think proper
ut is we'll to note just here that
when the President needed the militia
for any purpose other than those speci-
fed in the law quoted, it was neces-
sary for him to receive special author
liza ton from Congress before he could
call them out.
What Constituted the MiIitiaf
THE question which arises is what
constituted the militia prior to the
passage of the Dick bill? Congress an
swered the question by the act of May
s. 1892, and the amendments thereto,
OR. s.. Section 1920 which provides,
that every able bodied male citizen
of the respective states, resident there
In, who is of the age of IS years, and
under the age of As years, shall be en-
rolled in the militia. Congress fur
Their provided for the enrolment of all
such persons, for their arrangement
into divisions, brigades, regiments.
battalions and companies as the Leg
| slature OF the state may direct, for
| their being Differed, for annual re-
| turns to the President. for their dist
| cipline, for their apportionment in
case the militia of more than one state
was called into service and for their
being called into service by the Pres
ldent in the manner provided by Sec
ton 1912 r. S. above quoted. In pur-
| suance of these laws, Georgia was di-
vided into militia districts and provi-
| sion made for carrying said laws into
effect. Sections 1859 ct seq. of the code
of Georgia of 1882. These militiamen
constituted the militia subject to the
call of the President The fact that a
militiaman became a member of a vol
unteer organization did not relieve him
from liability to call by the President
under these laws, but it did not add
to his liability. Such volunteer organ
izations could not be called as organ
lZations The members thereof. like
all other citizens falling within the
provisions of the militia law, were
subject to call.
ITO Keep and Bear Arms"
The first amendment to the Consti-
tuition of the United States limits
the power of Congress and the Nation
al government and preserves to the
people, subject to regulation by the
respective state governments, the right
to keep and bear arms The state
or Georgia has recognized the distinc-
ton between volunteer forces and the
militia. Section l of the Act of 1875