Daily press. [volume] (Newport News, Va.) 1896-current, 1908-06-04
RADICAL MILITIA LAM
President eIveo Power 10 Call Out
STATE Troops.
ne n|sb1 Even stsN 4 var
Al Able Bodied Citizens Between
Aees of 10 and As Put in Preserve
Law.

oHe Oi lut uloSt lhpoi 'oit IL" 70 VI
acted during the closing days OF Con
rress was the new Dick Militia bill
The bill makes important changed
inths Dick Militia law of 1908. The
first change is in regard to the calling
out OF the militia, and it provides that
when called out they shall serve dur
ing the term of their enlistment and
not as now, nine months. The hmi
tation of nine months was put In the
Giginal Dick law as concession 10
certain parties WHO would not other
wise consent to the bill in 1903.
The bill also provides that the Ma
tional Guard. or organized militia,
as 1t is denominated in the new law,
when called out by the President is
to be preferred over any volunteer
force that may be raised.
Provides for Foreign Service.
Another important section Of the
bill is the one which gives the Pres
ident the right to call out the organ
lied militia of the states within or
without the United States. In con
nection with this provision it was
pointed out that the constitution vests
in Congress the right 10 declare war
and call forth the militia in execution
of the laws of the Union. The judge
advocate-general, in an elaborate Opin
ion. had advised the congressional mil
itary COMMITTEES that offensive war
fare necessarily meant calling out 4
force beyond the jurisdiction of the
United States; that such warfare
could only be begun by declaration
of war, which was itself a law. and
that therefore a law that forbade the
calling forth of the militia and order
ing it beyond the United States by
the government would be unconstitn'
tional. Congress was told by those
in charge of the bill that the Presi
dent had the right to enforce the laws
of the country. and as declaration
of war is a law Of the United States
he had the right to enforce 1t by all
the constitutional forces at his com
mand
Private Citizens in Militia Reserve.
This new law provides t>et the mi
|litia is TO consist Of every able bod
led male citizen Of the respective
states and territories and the Dis
trict of Columbia. and every abie-bod
led male of foreign birth who has DE-
clared his intention to become a citi'
zen. who Is more than Is and less
than As years of age and shall be d.
vided into two classes: The organiz
ed militia, to /" known as the Ma
0f h.
District of Columbia, or by such other
designations as may be given them
by the laws of the respective states
or territories. the remainder TO be
known as the Reserve Militia. pro
vided that the provisions OF this act
and of Section 1861, Revised Statutes
as amended. shall! apply only to the
militia organized as land force
II provides that the regularly or
eanized enlisted and uniformed active
militia OF the stats s aud territoriea
and of the District OF Columbia
whether known as National Guard. mi
litia or otherwise, shall constitute the
|"orsanized militia" The bill provides
further that on and after January l.
1910. the organization. armament and
discipIine Of the organized mihha
shall be the same as that for the reg
u!ar army.
increases Presidents Power.
An important section Of the new
law provides that "when@ver the
United States is invaded or in danger
of invasion from any foreign nation
or of rebellion against the authority
Of the government Of the United
States or the President is unable
with the regular forces a; his com
mand to execute the laws Of the I'm
ion i, shall be lawful for the Presi
dent to call forth such number Of the
militia OF the state or OF the states
OF territories or Of the District OF 20
lumhja as he may deem necessary
,o repe, such invasion, suppress such
rebellion or TO enable him 10 execute
such laws and to issue his orders Tor
thu, purpose through the governor oi
IN. respecfive sia;ae or territory or
through the commanding general oil
the militia Of the District OF Colum
hi, .ror, which state. territory OF dis
tricf such troops may be called to sue
of.ic.s OF the militia as he may tnihk
proper"
Can Name Term Ct Service.
Whenever the President calls forth
the Organized militia to he employed
In 10. service Of the Uniid States IL
Is provided that he may specify in his
cali the period for which such service
Is required and that the militia 50
allied forth shall. continue 20 serve
during the period 50 specihed' either
within or without the territory ~ INC
United States. unless sooner re'ievei
bv ord.r of the PrssideHi. tut there
ie proviSo tina: no commissioner
o<scer or enlisted man NJ the oraah'
ized militia shall be held 10 sTrT'ee
beyond the term Of his existing com
r,;ss,or or enlistment" There "a an.
gshet provision requiring that when
the military needs of the FEDERAL gov
~,r,cn. arising from the necessity