Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-12-25

objection has been mad 10 article
Is OF the proposed constitution re-
Iating K the militia. which reads as
follows:
section /. The militia OF this
state shall consist Of all able bodied
male citizens between the ages OF
eighteen and forty-five. except such
as are exempt BY laws Of the United
states or OF thus tate. The organized
militia shall be called the National
Guard Of New Mexico OF which the
governor shall be the commander-in-
chief.
sec. ?. The legislature shall pro-
vide for the organization, discipline
and equipment OF the militia which
shall conform as nearly as practicable
to the organization, discipline and
equipment of the regular army Of
the United states and shall provide
for the maintenance thereof
Serious consideration TO objections
so untenable in character could
hardly be entertained except for the
pparent earnestness of directors TO
the constitution as advocated through
newspaper articles.
AS has been said by those in reply.
the article aforementioned is al
most Identical in FORM with the con-
stItutions OF nearly every state OF the
Union and exactly conforms 10 the
great majority OF them. A few of
the states which have in substance
similar provisions are: Alabama,
Arkansas, Colorado. FLORIDA. Idaho,
Illinois. Indiana. Iowa. Kentucky.
Michigan. Mississippi, Missouri, Mon
tana, North Dakota. South Dakota,
Utah. Washington. New York, Kan
sas. Louisiana, Maryland. Minnesota,
Nebraska. Oregon and Wyoming.
Had the constitution failed to mem
ton the militia. notwithstanding such
fact. the militia would still be COM
posed of all able-bodied male citi-
zens of the proposed state. This con-
dition exists now; it has existed IN
this territory since New Mexico be-
came a part Of the Union, and Will
undoubtedly continue during the life
of this government. Reading from
the constitution Of the United states
we invite attention to the following:
1.-THE congress shall have power
to raise and support ar
mics to provide for calling
forth the militia. to execute the laws
Of the Union, suppress instructions
and repeal invasions. To provide for
organizing, arming n disclplining
the militia and for governing such
part Of them as mas be employed in
the service of the United States, re-
serving to the states respectively the
appointment of the officers and the
authority Of training the militia ac-
cording to the discipline prescribed
by congress. 70 make an
laws which shall be necessary and
proper for carrying into execution
the foregoing powers etc.
The provisions of the federal con-
stitution have been construed BY a
number of decisions of the supreme
court of the United states. In one OF
the later cases, that OF Presser vs.
Illinois. lie L. s. the court says; :,
ut is undoubtedly true that all
citizens capable of bearing arms con-
stitute the reserve militia force or
reserved militia of the United states
as well as of the states; and, in view
Of the p~rerogatiee Of the general gov
eminent. as we'll as Of its general
bowers. the states cannot, even laying
the constitutional provision in ques-
ton out Of view, prohibit the people
from keeping and bearing arms. SO
as to deprive the United states OF
their rightful for maintain
ing the public security, and disable
the people from performing their
duty to the general government.
Pursuant 10 d0lilBlltt ANh~t
congress has enacted a number OF
laws. The last expression viii be
found in the act OF January 2lst'
1903, Oh. 1876. 80 ST. l., p. us. which
reads as follows:
sec. /. That the militia shall CON
slst of every able-bodied citizen OF
the respective states, territories, ana
the District of Columbia, and every
able-bodied male of foreign birth VINO
has declared his intention TO become
a citizen. who is more than eighteen
and less than forty-five years OF ge'
and shall be divided nto two classes,
the organized militia, to be known az
the National Guard OF the state ter
ritory or District of Columbia, or Dy
such other designation as may be
given them BY the laws of the respec-
tive state or territories. and the re-
mainder To he Know as the Reserve
Militia
Sec. three ts) Of the same act
among other things. contains the ioi-
lowing:
THE organization. armament y
discipline OF the organized militia IN
tho several states and territories, u
in the District of Columbia, shaii pc
the same as thai which Is 10 or may
hereafter be prescribed for the regu-
lar and NoIunteef afhhteS "a
United states. within five years from
me date of the approval OF this act. "
Thus TO the mind OF every reason
able person il is AZ once apparent
thai the provision OF the proposed
constitution does not in n ann
change existing conditions. whlch
conditions have been in force since
the Enlistment OF this territory.
The act Of congress provides that
the militia Of a territory or state
shall consist Of an organized militia
and q reserve militia. The organizes
militia is generally known as IN
National Guard. composed Of vclun-
feers who have enlisted for service
The reserve militia consists
of all able-bodied male citizens VINO
are not enlisted for military duty
therefore. not subject 10 orders
or service in times of peace, u ~