Evening star., 1934-08-05

ing the last few months in handling
labor troubles and in political disputes
has brought forcibly to the forefront
the intricate problems which present
themselves when the military is called
upon to supplement the civil power.
This troubled period has set National
Guardsmen marching in all quarters
OF the Nation. Like mushroom growths,
resentment and protest and charges
and counter charges have sprung up
IN their wake.
Exact understanding of the legal
questions involved has been as rare
as the problems are varied. Yet
throughout the confuson there has
existed the vague thought that Federal
Government crouched sphinx like,
silent, but watchful and ready to in
tervene If it could be made to see the
need.
This thought has led to requests for
intervention, both by those who op-
posed the use of the State military
and those who felt the United States
specific local problem. The first named
class Of pleas has been the more
numerous.
Politics Moves Weighed.
The last such appeal came from
New Orleans, where Gov. o. K. Allen
has sent his National GuardSmen at
the behest of Senator Huey Long.
Longs political opponents urged the
Federal Government to intervene on
the grounds that the Guardsrnen we're
using Federal property improperly for
purely political purposes.
From North Dakota, where two
Governors have used the National
Guard, successfully, to maintain them
selves in Office, have come other pro-
tests that this partly Federal, partly
State military organization was being
used wrongly.
Labor has protested from Cali
sornia, where the organized militia
was called out to control the striking
longshoremen.
In Minnesota, Wisconsin, Ohio, New
Mexico, Washington, Oregon, Ala
bama, North Carolina, Pennsylvania,
Illinois, Indiana, Florida, West Vir-
ginia, Kentucky, Massachusetts,, Maine.
New Hampshire, Wyoming, Oklahoma
and Maryland Guardsmen also have
been called to active duty by the State
for a variety Of different services.
other calls ON the Guard for localized
work may have been made but have
not yet been reported to the War De-
partment.
A number of protests against the
use of Federal property, similar to the
one from Louisiana, have been sent
to Washington and all have been dis
regarded on the theory that there Is
no law against the use OF United
States Government equipment by the
Guard for other than Federal pur-
poses.
To ascertain definitely the right Of
a particular Governor to call out the
militia in any given case, one must
first understand Just what the Ma
tional Guard is and then go to the
constitution or statutes of particu-
lar State and find what powers ana
restrictions are incorporated therein.
Serves United States on Call.
The Guard is composed of the
troops of the States. Although now
known as the National Guard OF the
United States, it performs no Feoersl
function unless called into the FED
ersl service.
The United States Government ap-
propriates about S35 900, 900 annually
for 1t. with which is purchased uni
forms and equipment, salaries paid
ofhcers and men, and training pro-
vided. This is done on the premise
that the Guard, although made up OF
State troops, is a reserve component
of the Army of the United States.
When not in Federal Service--their
usual status-the Guard units are
subject to State control and use. The
Governor is the commander in chief
and the National Guard is his army.
With 1t he may do whatever is al
lowed by the constitution or laws
of the individual State. This power
usually is extremely broad. In many
States the Governors control OF the
military is so complete that he can
utilize it to execute the laws, II ne
so wishes.
In Louisiana the law provides:
The Governor shall have the power
in cases Of inSIIrrection, invasion,
tumult. riot or breach Of the peace, or
! imminent danger thereof, to render
| into active service of this State any
part Of the Militia he may deem
/ proper
This is seen to give the State
executive authority to call upon his
military in practically any emergency
which may arise, since the question
of whether a danger is imminent may
be considered as one Of fact rather
than of law and therefore within the
Governors personal discretion.
In other States the law is phrasec
differently, but the powers granted
are equal or greater.
Such extreme latitude In the use oi
the Militia II based On the presump'