The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1918-02-26

under the national defense act. The
opinion was given to Governor Man
Eing, and follows:
Dear Sir:
Your letter of the 18th instant,
to the attorney general, has been
handed me for attention. You ask
whether or not the South Carolina
Reserve Militia organized in accord
ance with the provisions of an act
of the recent general assembly pro-
viding for the organization, govern
ment, discipline, maintenance and
regulation of an additional armed
land force for the defense of the
State of South Carolina during any
war in which the United States may
become engaged. would be subject
to draft and service in the federal
government the same as the Ma
tional Guard OF the several States
has heretofore been.
In reply thereto l beg to advise
that Section 1 of the act in question
is as follows:
That whenever the South Caro-
lima National Guard shall be called
into the service Of the United States
during any war, thereupon and i'm
mediately thereafter the governor OF
this State, as commander in chief of
the armed forces thereof, be, and
he is hereby authorized and en-
powered to organize an armed land
force for the defense OF the State
during said war. which shall be
known and designated as the South
Carolina Reserve Militia. which
force shall be available at the dis
cretion of the governor for active
military duty whenever an invasion
OF or an insurrection in the State
snail occur or is threatened, or n
tumult, riot or mob shall exist"
Section 10 of Article l of the con-
stitution of the United States pro-
vides among other things, that no
State shall. without the consent of
congress, keep troops or ships of war
in time of peace"
1t follows. therefore. that a State
has the constitutional right to main
tain troops in time of war for the
preservation of the peace within its
borders.
III is useless TO go into a discussion
OF the differences and distinction
between the State troops contem-
plated by the act under discussion
and the National Guard, as | am
clearly OF the opinion that the South
carolina Reserve Militia. whose or
sanlZation is contemplated by the
recent act of the general assembly
Tor service within the State OF South
carolina, are no more subject IN
draft by the federal government nm
uer the provisions Of the recent ma
uonal defense act than that part of
the unorganiZed militia i'm South
Carolina, which includes all able
Dodled male citizens between the
ages of Is and As. 1t will be nm
derstood, of course, that members
or the various units of these State
troops, who are within the draft
age, are subject to draft by the fed
eral government as individuals inst
as other citizens OF this State who
are within the age.
In discussing the status of State
troops OF the character contempIat-
ed in the act in question, Col. i
Mci Carter, speaking for the mill
tia bureau, Washington, ID. c.. in n
recent letter to the adjutant gener-
al OF the Uniter States, has this tn
say:
they are in fact similar to. if not
the same as the militia as il existed
prior to the Dick bill, or it may be
as 1t existed prior to the enactment
or the recent national defense act
the primary purpose of which is to
maintain local order when occasion
snail arise for their use. The forces
contemplated are in my opinion in
law and legal effect militia.
Whatsoever the character of
State forces. however, they are ca
pable OF being called by the nation