Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1906-05-01
ONLY POLICING.

MUCH ndTSn CElCIClSlu udo 1oi-
len upon the State Guard of Cal
ifornia because of its conduct, in
part at least, in San Francisco in
with its duty follow
ing the recent earthquake. Prob
ably much of this springs from
lack of understanding just what
sort Of law the soldiery were en-
forcing upon the people.
There are three distinct laws
the military power may enforce
to meet certain agencies. These
are, The Laws of War, Martial
Law and Military Law. The
first are the usages and customs
recognized and practiced by CIV
ilized nations when at war with
one another. The second, or
Martial Law, is a modified form
of the law of war. It is called
into exercise temporarily, for a
specific purpose, in a we'll defined
territory rarely in an enemy's
country or in a place under per-
manent military government. 1t
overrides and supersedes all civil
law and authority, except so far
as designated by the terms of
the proclamation declaring it. It
will warrant the military COM
mander at his discretion to re-
sort to summary measures by
which the liberty of the citizen
may be restrained, his actions
coerced, his rights suspended
But the existence of martial law
does not aut = T. eneral mill
tary license or place the lives,
liberty or property of citizens
under the control of every holder
of a military commission. San
Francisco was not under martial
law.
Military law is that which Or
dinarily governs the officers and
men of the Army, Navy and
Marine corps during their term
of service, and National Guard
or militia when on military duty
1t is embodied in certain statutes
enacted by congress. Some of
these are known as Articles of
War. These statutes are admin
istered in compliance with estab-
lished usage and certain orders
made and published by compe
tent authority and known as
Army or Navy Rules and Regula-
tions.
The student of military law Is
likely to be much embarrassed by
the confusion of regulations with
statutes. Regulations are simply
orders and directions made and
published by the President in the
exercise of his constitutional
authority as commander-in-chief,
or as executive in exercise o
power vested in him by law.
The citizens of San Francisco
are not in the military service of
the nation nor state, so they are
not governed by military law.
They are governed by the SUI
preme police power of the num-
exercised by the execu-
tive and police of the city assist
ed by the soldiery doing police
duty.
In such emergencies the Amer
lean regular soldier is the best
police officer possible, Discipline
and intelligent training have
given him power of wise discre-
lion in executing his orders and |
performing his duty which ne
clearly understands to be guard
and polica duty. One such SOL
lier is equivalent to about ten
ordinary policemen.
AS to the guardsman, he lacks
he discipline and training of the
'egular soldier. He does not
lave a clear conception of the
lature of the duty required of
lin. and for obvious other rea-
ons is not the most efficient and
esirable policea20. In face of
his, however, he !, more efficient
nd desirable than the average
special policeman"