The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-03-23
07-tuI 0J5HTI MlIlUHf
GUnNsRRAI, OPINION AT WASHING
TON n THAT NE HAS POWER
10 SEND NAA.~.AL QUA
INTO MEXICO.

tEr-lE.-
Warrington. ". C.-Talk Of mob
lixing . part Of the National Guar
- = possible third division on tn,
Mexican border has raised the Ques
ton q to the extent Of Presiden,
Taft's authority over the state troops
II developed . CONFLICT Of opinions be
tween the War Department and Capt.
toll hill authorities.
A military oficial expressed the
opinion that the President could not
get tho National Guard out Of q state
without consulting" tho governor
ana obtaining his consent.
Congressional authority 10 to the
effect that. under . variety Of condi-
lions. the President not only can or
der out all the guardsmen who have
qualified under the Dick militia IL rs.
but can send them to foreign lands
of the feelings of govern
ors.
The first Dick bill, passed in 1903,
provided that the organized militia
that adopted the organization. arma-
ment and discipline Of the reglar
army share in a fund of $1,000,000
annually and receive. free, all the
equipments Of regular army soldiers.
The President was authorized, in
case of invasion. threatened inya-
sion, rebellion or "to execute the laws
Of the union" to call out the militia
to serve for not more than nine
months in any part of the country.
He was empowered to give orders di-
rect to officers Of the militia. No
mention was made Of governors.
In 1908 a lick bill to amend the
law of 1903 was passed. The annual
fund was increased to $4,000, 900.
Additional demands were also made
upon the militia. The guardsmen
were required to serve for the full
term Of their enlistment in the mill
tia, instead of only nine months. The
was authorized to order
them to serve either within or with
out the territory of the United
States" instead of only in this coun-
try al provided by the original law.
The new law stipulated that in
calling out the militia the President
tissue orders for that purpose.
through the governors of the states
territories from which such troops
should be called, to such officers Of
the. militia as he may think proper"
The burning question is whether
submission Of orders through the gov
ernors is only a matter OF routine or
one In which they can exercise dis
erection.
When the bill was up In the House
STEVENSON (Rpn. MIMI, chairman
OF the committee that considered 1t,
said the President was authorized to
enforce the laws of the union. A dec
laration of raj is a law. In order to
enforce such a law 1t might be neces-
sary to send the militia out of the
country.
IF this bill passes" said Rep.
Williams (Dem. Miss.), the President
will have the right to wage war with
out a declaration by Congress and
send the entire militia into foreign
ports to carry it on. Congress never
to place the organized mill
tia at the service of the President to
be ordered about at his will"
Under this law" observed sher-
ley, (Dem. Ky.), "the President
could send the militia to the Philip
pines tomorrow"
Despite objections the bill was
rushed through and the President, on
the Capitol Hill basis, seems to have
full authority to create a militia d.
on the Rio Grande.
r1CN AT1,rnAsNn1rr