The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-12
LEGAL SIDE OF DICK BILL
Capt Stephens Asks What the legislature Is
Going to Do.

organizing the Volunteer forces con-
tains the following Their organl-
cation and service being voluntary,
they are to be distinguished from the
militia, and no laws relating to the
militia shall be held to apply to the
volunteers, unless so expressly pro-
vided. But they shall be subject 10
the legislation and control of the state
and must obey all orders from the
proper authority, as hereinafter pro-
Vided.
Recent enactments Of the General
Assembly Of Georgia have referred TO
the troops as the Military FORCES,
but no law has attempted to turn them
over to the United States as National
Guard in fact, no law has been enact
ed by Georgia since the passage OF the
Dick bill by Congress on Jan. p, 1908
Up to Jan. q, 1903 therefore, we
find the President without any author
ity whatever over the organized vol
unteers of Georgia, and since that time
nothing has occurred to render them
subject.
Distinction Between Militia and
Volunteers.
Congress recognized the distinction
between volunteers and military, for 1t
did not undertake TO require the vol
unteer organizations of the various
states to subject themselves to the
provisions of the Dick bill and ac-
cept the benefits hereunder. The only
penalty for their not doing so is that
they will not share in the annual al
lotment of the appropriation. Under
the Interpretation placed upon the
bill by the Army College Board, If
this Interpretation be adopted, an eff
fort will be made to have all Volun-
teer organizations of the state accept
the provisions of the Dick bill, by
constituting the law to require either all
or none to come in.
THE state of Georgia can enact
law establishing National Guard forces
subject to the Dick bill and draw the
allotment for those forces. 1t can also
maintain it's volunteer organizations
for it's own purposes and those as
organizations, will not be subject to
the call of the President.
THE men now composing these
volunteer organizations cannot be re-
quired, under existing laws, to ac-
cept and become subject to the pro-
visions of the Dick bill They were
not organized as militia, and when
additional duties and burdens are
imposed, they have the right to elect
whether they will assume them or
cancel their enlistment and retire.
Furthermore, there are several or
CARNATIONS in Georgia chartered as
volunteers (by the General Assembly
and the purposes for which they were
organized cannot be changed to those
of National Guard under the Dick bill
without the consent of such organiza-
tons, even by the act of the General
Assembly of Georgia; they can be dis
continued as military organizations
but the purpose of their incorporation
cannot be altered.
What Dick Bill Undertakes.
THE Dick bill does undertake to sub
ject the organized militia (not the vol
unteers) of the respective states and
territories to its provisions, and also in
creases the power of the President with
respect to calling them out by adding
to the authority already possessed that
of calling them when he is unable with
the other forces at his command, to ex-
ecute the laws of the Union in any
part thereof This power was formerly
exercised only when specially dele
gated by Congress-; now the President
can exercise it in his discretion.
1T is true, as has been stated, that
the Governor has the authority to dis
band companies, butsthe trouble is that
his authority to disband ceases as soon
as troops are called by the President.
anu tneref1S no way ne could prevent
the colored companies from doing duty
with thetWhite companies of Georgia
after they were called by the Presi-
dent
THE interpretations and recommen-
dations of the Army College Board are
worthy of consideration, 1 submit, for
the reason that they may or may not
be adopted. If adopted. what do these
interpretations involve?
Il do not consider it extreme. under
existing conditions, to deem as proba-
BILE everything which is possible, and
the state should not. therefore, over
look possibilities.
The Georgia volunteers being organ
lied for home and state purposes. will
the General Assembly undertake to
convert them into National Guard of
the United States and place them
Where they can be ordered away at any
time by the President, without con-
sulting the Governor or any one else.
and by order communicated to the Of
fcers of such National Guard? Or
VIII that body see fit to establish Ma
uonal Guard under the Dick bill and
at the same time maintain for its own
purposes the volunteer organizations
not DESTROYS of going into the NationaI
Guard? 1t is for the General Assembly
to say. tt~~-~