Arizona republican., 1914-03-02

iHeIl COHCeIuluS lllelil ana ludl HIS tools would be taken from him If he did not meet these additional require ments This is where the guardsman stands today The professional man or mechanic gives about the same time to learning his profession Or trade as the cadet at West Point. But in the mean time he must obtain means for his support. After he has learned his pro fesson or trade, he commences to practice it The army officer never practices his profession except in time of war. Until war actually occurs he continues to be a student and theOriSt. l am not trying to diSparage army officers. 1 merely want to show that they are creatures of conditions, knowing their own business well, and that most of them wish to attend to their own business, which is the com mand of troops and service in the field There is no reason why they should be asked to do clerical work of the Division of Military Affairs, even if they were conversant with the diff culties and conditions of the militia
  done at one- third the expense by com petent clerks without creating hard ship on any officers by compelling them to be absent from their duties for which the government educates and pays them. If militia officers were in the division they would be learning more of their duties and conditions thus providing more efficient militia officers. q say if militia officers were
 in the Division of Militia Affairs). I would not suggest however, that they be detailed to any bureaus of the resu lar army
 The relations of the national gov ernment to the state militia before they are called into actual service, are not such as to authorize the president. without legislation, to es- | tablish in the war department a 1 bureau to supervise and control the militia.-1O Op. Atty.-Gen r.
 The power to control and organize the militia resided in the several states, at the time of the adoption of the constitution of the United States, and was not taken away by that instrument The power of leg islation over the subject after its adoption, was concurrent in the states and in congress, and the power of state legislation remained until Scongress *"* had legislated- People vs. Hill, 126 N Y., 123. gThe obvious theory of the consti- tuition. and of the acts of congress.
 
 shall prescribe by general rules a uniform militia system for the states j-securing the enrolment of all able bodied white male citizens, and main taining the system of discipline and field exercises observed in the regu lar army. yet that the details of the militia organization and management, shall be left to the state govern ments %"*-1O Op. Atty. Gen, 13.
 Now as to General Mills conten- tion that the constitution provides for federal control, I can only say that I am astonished at the stand he takes He says that the federal government has power. if exercised, to prevent the state organization of troops not provided. for by congress. page p. circular 12). He has evil dently lost sight of the fact that the constitution of the Unified States is a delegation of powers and that the states reserve the rights not granted by the constitution. The constitu- tion provides "A well regulated mili- tia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed" How, under this provi- sion could the federal government prevent the states from maintaining state militia? Congress is given the power '"To provide for calling forth the militia to execute the laws of the union. suppress instructions, and repel invasions,' excepting for this delegation of power the states have all other rights over the militia. Congress has power ITO provide for organizing, arming and disciplining the militia and for governing such part of them as may be employed in the service of the United States, re- serving to the states, respectively. -the appointment of the A-Ufficers and the authority of training the militia according to the discipline prescribed bv congress" Note flor governing such part of them as may be en- ployed in the service of the United States" and even in this case the states reserve the right to appoint the officers and to train the militia according to the discipline prescribed by congress.
 Congress to date .- has prescribed no effective discipline for the militia in time of peace. Section 3 of the militia law provides "On and after January 21.' 1910, the organization, armament and discipline of the or ganiZed militia *#* shall be the same after prescribed for the regular army of the United States This section is. in effect, dead, as the funds were not provided, nor was it intended to provide the funds to put this into force Funds were provided for armament, but in a strict sense the i organization and discipline cannot be | inforced because the organization and discipline of the army depends on a paid service. The same organization,
 as to number of men in company,
 cannot be maintained in the militia,
 for the militia has no paid recruiting
 service which is a part of the or
 ganization of the army in fact which
 is the basis of the army organiZa-
 tion.
 l It is true that the same number of companies can be prescribed in a