The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-04-03
Militia General Explains
Why He Is Fighting
the Governor.
ACTING ON MY RIGHT
AS CITIZEN, HE SAYS
Merely a Question Of Constitn-
tionality of Law, Officer
Asserts.
DECLARES FRIENDSHIP
FOR COLONEL HINE
Rumored That Governor Might
Order Arrest OF the
Litigant.
Brtgadier-General Edward A. ca1nl

Brigadier- General Edward A. Camp
bell who is trying to overthrow by
civil action the orders of Governor
Fort as comnnander-in-chief OF the New
Jersey National Guard to have Colonel
Edwin w. Hine assume the brigadier's
command. defined his position today
to a STAR reporter in regard to the
question of civil over military author
ity.
At present Colonel Hine is restrained
by the Supreme Court from carrying
out the Governors order, and General
p. Farmer Wanser, who transmitted
them. Is restrained from seeing that
they are enforced. Assistant Attorney
General Nelson 3. Gaskill. who handled
tlle case for the State, was also served
today.
II do not question the authority of
the Governor as CHIEF, =
General Campbell said. "But any citi-
zen of the State has a right to take
his case into court and get q decision.
Z It is simply a question OF the consti-
I tiltionality of the Nredenburgh bill
iatiring commissioned officers at the
age of Cd years. If the bill is con-
sst.tutional the orders will have to be
obeyed. If 1t is not have privilege
of protecting my own interests.
Good Friend of Hiue.
"As to Colonel Hine, he is a warm
personal friend of mine. I shall let
this; make no difference as far as am
concerned
IT cannot. talk further about this
thing IL it were not that my own in
terests We're al stake / could say more
about it, but as 1t is ] have nothing
more to say. | have been greatly mis-
understood as II is.
The writs, for which an order was
signed yesterday by Chief Justice Gum
mere, restraining Colonel Hine and
General Wanser. were delivered by
General Campbell himself. There was
no discussion of the subject between
Campbell and Colonel Hine.
Il am between the devil and the deep
sea- said Colonel Hine today. IF l
obey the orders of my superior officers
I defy the courts. l am a neutral party,
anyway was simply brought into the
suit because was an officer designated
to take General Carnpbells place.
shall retain no counsel to fight 1t; it
is not my place.
II understand that the order is re-
.,,rnsble on Thursday. ] suppose that
an effort will be made to have 1t made
permanent, pending the decision of the
constitutionallty of the Vredenburgh
act. There will be an early settlement
of the case. / think. For the good of
the service, l believe the Governor will
ask the court to dispose of the case as
quickly as possible. AS it is now,
have my quarterly returns all ready,
and am not sure what I ought to do
with them. Ordinarily they would go to
General Campbell"
No Hesitancy.
Colonel Hine said that should the
yredenburgh act be sustained by the
court he would have no hesitancy about
assuming the command, even In view
Of the present development. 1t was by
an order from the commander r-in-chief
and therefore not to be questioned.
There is some talk, should General
Campbell insist on pressing his suit, of
the Governor ordering his arrest. 1t Is
within his rights. and part of the mill
tary procedure. The question arises
whether, if the civil power Is SUI
perior to the military, it might not be
extended to restrain the execution of
that order, too Colonel Hine stated
that he did not know, but believed that
the order would be carried out.
Robert H. McCarter, who is handling
the case of General Campbell, is Of the
opinion that the military authority
would have to yield.
Controlled by Courts.
owe are all controlled by the courts,
vou know" he said. This is suit To
establish the constitutionality or un-
,onstitutionality of the Vredenburgh
.t T, that case we have the right