The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-26
116 GUARDSMEN TO
FACE ARMY COURT
Secretary Baker Decides to
Try Cases Of Men who Re-
fused to Answer Call.
DICK LAW TO BE APPLIED

WARRINGTON. May 2s.-Reversing his
decision again as to the procedure to be
followed with respect to the ZIG MEM
bers Of the Texas National Guard who
refused to respond to the call OF the
President for service on the Mexican
border. Secretary OF War Baker an
nounced to-day that he had decided to
have the men tried by court-martial un-
der the present Dick law.
Yesterday the Secretary said that he
would walt the Presidents action In
approving the Hay-Chamberlain bill.
then consider the cases OF the Texas
guardsmen In the light OF the provision
OF the new bill. which specifies that upon
being called into the Federal service the
militia does not have to present itself
for muster. but automatically becomes
mustered In.
In explaining the reason for his
change Of intention Secretary Baker
dictated the following statement:
The Dick bill provides as an offence
the failure on the part Of men Of the
National Guard to present III mselves
for muster when called on by the Pres
ident to do no. One hundred and sixteen
members OF the Texas National Guard
are reported to have failed so to present
themselves. Under the Dick law they
WOuIu DC Eullty ol anu w bINf'hN
themselves for muster.
When the pending legislation is ap-
proved and the militia OF the state is
reorganized and F~ederalized hereunder
the obligation Of the enlisted mon OF the
National Guard will be to preserve the
Constitutions Of the United states and
Of their respective States and the law
fui orders Of the President and the Gov
ernors Of their respective states.
skA.nA. x..la,, shA ~. Aidane igGtaE
a cali to the National Guard the call Will
Of its own force muster each membe ot
the National Guard into the Federal ser
vice. and Il will n longer be necessary
for the men to present themselves FOR
muster.
THE offence denounced by the Dick
law therefore will b, impossible. as II
will not be required that the men should
present themselves for muster. The
Dick law. not being repealed. expressly
remains in force. The l16 men in Ques-
ton. having taken an oath to preserve
the Constitution OF the United States and
to obey the lawful ord. rs Of the Governor
Of Texas. and not having yet taken an
oath 10 obey the President as their com
mander in chief. must stIll present them
selves for muster. They are capable"
therefore Of committing the offence IN
the Dick Law and are therefore liable %
punishment.
II have decided to have the court
martial assembled by command OF the
President. and have asked Gen. Funston
to recommend the members thereof
While ] shall not prescribe Il, | shall be
inclined to recommend that the proceed
ings be abated in cases where the men
are willing to present thems. Ives and
take the oath without further question"
Assurances received by American
army officials on the border and trans
mitted to Washington regarding the
plans OF the C~arranzista forces now as
sembling in northern Mexico have
tended to qule; the apprehension in
some officia! quarters here as to tho
purposes Of the Mexican troops move
ments. According 10 explanations givcu
the American officers the Carranza Gov
eminent, acting on the advice OF Gen.
Obregon. the Minister Of War. has di-