The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-03-24
NATTER MAY GO
TO THE GOVERNOR.
President Taft May Have Exceeded
Authority in Regard to the
Militia

Washington, March 90 Talk of
| Guard as a possible third division on
| the Mexican border has raised the
| question as to the extent of Presi-
dent Taft's authority over the state
| troops. 1t developed a conflict of
| opinions between the war department.
and Capitol Hill authorities.
A military official expressed the
| opinion that the President could not
get the National guard out of q
.tate without consulting the COVER
uor. and obtaining his consent.
Congressional authority is to the
effect that, under variety of con-
| ditions, the president not only can
order out all the guards men who
nave qualified under the Dick mill
tia laws. but can send them to for
| e1gn lands regardless of feelings of
| governors
| The first Dick bill, passed In 1903.
! provided that the organized militia
| that adopted the organization, arma-
! ment and discipline of the regular
army, should share in fund of ST.
100000 annually and receive, free,
all equipments of regular army SOL
diers.
The President was authorized, in
case OF invasion, threatened invasion,
or rebellion or "to execute the laws
of the Union" to call out the mill
tia to serve for not more than nine
months in any part of the Union. He
was empowered to give orders direct
to officers of the militia. No mem
zion was made of governors.
In 1908 Dick bill to amend the
law of 1908 was passed The annual
FUND was increased to two million
dollars. Additional demands were
also made upon the militia. The
suardmen were required to serve
for the full term of their enlistment
N the militia instead Of only nine
months. The President was author
lzed to order them to serve either
within or without the territory of
the United States, instead of only
within this country as provided by
che original law.
The new law stipulated that In
calling out the militia the President
should issue orders for that purpose.
through the governors of the states
or territories from which such troop
should be called, to such officers, of
The militia as he may think proper.
The burning question is whether
submission of orders through the
governors is only matter of rou-
tine or one in which they can exer-
sise discretion.
When the bill was up in the house
steenerson (Rep. Minn.), chair
man of the committee that consid-
cred 1t, said that the President was
authorized to enforce the laws of
the union. A declaration of war ia
. law. In order to enforce such =
aw it might be necessary to send
the militia out of the country.
If this bill passes," said Rep.
Williams dem. Miss.), the Presi-
tent will have the right to wage war
without declaration by Congress
| and send the entire militia intot for
sign ports to carry it on. Congress
never intended to place the organiz-
ed militia at the service of the Pres
dent to be ordered about at hin
will.
"Under this law" observed Sher-
Icy, (Dem. Ky.), "the President
could send the militia to the Philip
| pines tomorrow"
Despite the objections the bill
vas rushed through and the Presi-
dent, on the Capitol Hill basis.
seems to have full authority to Gre
ate militia division on the Rio
Grande.