The sun., 1916-10-23
Discovering the Military Code.

teiligent and practicable system Of de-
fcnsive preparedness enacted through
the efforts of Governor WHITMAN and
n Republican Legislature into n code
Of militnristic despotism. the World
tells us thnt III there is II strike Il
corporation controlled Governor act
ing in collusion with n corporation
controlled Mayor can draft the strik-
ers into the National Guard pnd send
them To II military camp: and II dema-
gog,e Governor could bankrupt any
industrial corporation In the State by
the simple process of drafting its en-
ployees into active military service
and taking them tu camp"
our neighbor asserts that I'm all
the world there l. no other such amnZ-
ing measure cf military cOnscriptiOn
as the Stiyers law which Governor
WHITMAN jnmmed through the New
York Legislature" We assume that
II has studied the military enactments
Of all the nations of the earth. This
Is II labor of research requiring time
and effort; its magnitude probably
accounts for the failure OF the World
10 recognize the fact that the military
Inv OF New York puts II in the power.
and for years has put II in the power.
of the Governor to do exactly the
things the Stivers Inv gives him au-
,horiiy to do.
BY that law the militia of the Stnte
IL defined aS nll able ln,lied male citi.
zens between ~ and ~ who ure resi-.
dents of the state. with certain en-
emptions. and 10 the Governor is given
authority TO order an ene,lment; the
militia is divided into two classes.
the active and the reserve militia. the
first being "the organized and uni.
formed forces known as the National
Guard and the Naval Mill
tia: and the second shall consist OF
all those liable To service In the mill
tia. but not serving in the National
Guard or in the Naval Militia" In
The Governor shall have power. in
case OF insurrection. invasion. tumult
riot or breach OF the peace. or imminent
danger thereof to order into the active
service OF the State any part OF the
militia that he may deem proper"
The method by which this shall be
accomplished is thus prescribed in
Section o:
"whenever it shall be necessary to
call out any portion OF the reserve mill
tia for active duty. the Governor shall
direct his order TO the Mayor OF any
city, or the supervisor OF any town. who
upon the receipt OF the same shall forth
with proceed to draft as many OF the
reserve militia in his city or town. or
accept as many volunteers as are re-
auired by the Governor, and shall forth
with forward to the Governor a list Of
the persons so drafted or accepted as
volunteers"
untecr who fails to appear mt the
time and place designated by he com
manding officer within twenty-r four
hours. unless he produce sworn cor.
llficate of physical disability from n
physician In good standing. Il to he
treated rs n tleserter. and dealt with
as prescribed in tie Articles Of War
of The United %tntrs. and The Cover
nor has complete authority tn appoint
ilie officers necessary to organize the
men thus brought to the coIors. As
II these provisions Of the military
law were not sufficient, they are prnc-
tlcally repeated In the Code Of Crimi-
nal Procedure. Thus the Governor. as
Commander in Chief. has always Ind
ihe necessary. the essential. authority
l." suppress riots, pnt down insurrec-
lions and oppose invasion: and to thar
end hc has been empowered To call on
every citizen qualified for military
service IN perform that service.
Under these sections "A Governor
might do grave injury to citizens. as
the World suggests; AMI the power to
donhen Is an ancient and recognized
power All that Is needed for the per.
lctrnti"n of the oulragcs the N'orld
Imaglncs are n compalsant county
officer, an Infamous or insane Tower
nor and II condition Of Political IN.
morality inconceiyablc among IA psople
deserving freedom.
In this respect The Siivsrs law con.
f"rs no new powers ON the Governor.
u provides that N any time the Gov-
ern"r may call for volunteers. or order
an enrolment Of that part of the re.
serve militin residing In amy town or
city. "and that II draft be- made. or
volunteers secured thcrrfrom of such
numhcr rs may h" required to make
M ar c"mplete' the complement of
organization Of the National I;unrd
ar Nnvnl Militia or any part thereof