fK)T 'ttrt- -- THE SCRANTON TRIBUNE-MONDAY. MARCH 28. 1898. 9 4 NATIONAL GUARD AND THE PRESIDENT Colonel Hitchcock Says the Cblcl Exec ntlve Cannot Call Guardsmen Out. NOT SUBJECT TO HIS ORDERS They Were Enlisted by tho Hint lor Service in the Btnto nnd the NntionaJ UoTcrnmeut linn No Con trol Orer Thorn Wlmtuvor --Hill Drnlled by the Colonel With u View to Creating it Nntlonnl Guard of the United States. Is the Nntlonnl Guard of the several slates subject to the call of th'e presi dent of tho United States for actlvo I'ervlce In case of war? In the present condition of affairs the above question has been so frequently propounded to me personally and Is so much In evidence In the newspapers, that I beg an opportunity to answer It through the columns of The Tribune. In doing so I wish It clearly understood that my remarks are addressed to the legal merits of the question exclusive ly. That the National Guard Is com posed of a bedy of noble patriotic young men, who would gladly respond to the call of the president In case of emergency, I do not for a moment doubt. They ought not and would not ask tha question above suggested. Nevertheless the proposition as a le gal question remains, and I discuss It from that standpoint, with the purposo of correcting a grave misapprehension as to tho relations of th'e Guard to the general government and a hope that In so doing tho way may be paved for such remedial legislation on the pait of congress and the several states as will put his splendid body of troops on a footing to be available for the needs of the general government in cases of emergency. V.e have recently been formed with the views of Major Morrison, jidge Advocate general, United States army, wlyp, following almost Identically th'e views published a year of two ago by Lieutenant Colonel Tyler, Judge advo cate general, division National Guards of Pennsylvania, who holds that the National Guard is subject to the order of the president at all times. The ar guments of both of these olBceis has gone astray from one common point, viz.: their failure to distinguish the National Guard from the ''State Mili tia," Major Morrison quotes the act of congress which defines ithe militia to be "every able bodied male citizen of the respective states between the ages of IS and 45." The acts of assem bly of Pennsylvania and most of the other states follows this definition. THE NATIONAL GUAItD. The members of the National Guard, In the language of Major Morrison, are taken from "that great body of people the militia from which the armies of the United States are made up." But ro are tho members of the fire com panies of all our municipalities, tho private military companies and .the various semi-military societies. Are all these organizations subject to the orders of the president for active ser vice in caso of war, because forsooth their members belong to the militia? An able-"bodied citizen between tho lxea of 18 and 45 in the uniform of a National Guardsman is no more sub ject to such military duty as a mili tiaman, than he would be in citizen clothes; no more tnan is a fireman or any other citizen. "What is the Na tional Guard? It is a body of men serving under a contract of enlistment under certain state- laws which prescribe their term of service and the character and limits of their duty. The tenns of this con tract and the character of the service are defined, prescribed and limited by theMict of assembly under which the Guard Is created and organized. The act of the general assembly of Penn pylvania. of 13th April, 1887, tinder which the present National Guard of Pennsylvania exists, prescribes in sec tion 67 when this body of troops can be called out for active service.: "When nn invasion of or insurrection in the state Is made or threatened " This whole act must be read Into the contract of enlistment of every man in tho National Guard of Pennsylvania. Nothing can be added to it or taken from it without violation of the con tract, which would be abhorrent to one of the most vital provisions of our organic law, viz.: the impairment of a contract. The term of enlistment, as provided by the above act, Is three years. No one would for a moment claim that the state could by act of assembly, or In any other manner in crease tho length of this term, and hold the men against their consent. This would be a despotic violation of their contract of enlistment. If tho contract cannot be violated In one di rection, how can It be In another? It would be no more an invasion of tho contract to arbitrarily enlarge the term than to enlarge th'e scope and charac ter of their service? THERE IS NO LAW. But where Is the law which enlarges the scope of this service from state to national, conceding for the sake of the argument that It can be done? Taking Pennsylvania as an example for all, the answer must be there Is none. State legislation must necessarily be limited by state boundaries. Tho only statutes of the United States, the Act of 1795 and Its various amendments, all apply exclusively to the militia. No man- enlists In the militia. He Is a member of it by virtue of his citizen ship. He is bound to. Its service, unless exempted by law, whether he will or no. There is not a syllable upon our statute books authorizing the president to assume command of these various bodies of state volunteers In cases of emergency. There has never been an ECZEMA Most Torturing, Disfiguring, Humiliating Of Itching, burning, blooding, scaly skin and scalp humors is instantly rolloved by a warm bath with Coucdka Soap, a single application of Cuticuiia. (olnt imint), tho great skin enro, and a full doso of Cuticuiia Resolvent, greatest of blood purifiers and humor cures. (uticura B km botes speedily, permanently, and economically euro, when all olso falls. Pom rRV Chrh, Cnr. ftU Ttp , RoittfL C3 " Uv to Cue Every ttklo n4 Blood Uuiuor, fret. PltfPLY FApES iSM-SKE b j Instance In tho hlBtory of the govern ment where this has been done. There have been many times when the emergency would have Justified tho doing of It It it had been possible. In the War of 1812 tho Canadian cam paign was entered upon with the ex press agreement upon tho part of New York and other border states that the state troops would co-operato with the army of the United States. The gov ernment did not assume either to com mand or control these troops, although the situation was one of absolute des peration In the end. For when the crisis came not a man of tho state troops would cross the border. The battle of Lewlston was fought under tho very eyes of 5,000 New York state troops who, though not a mllo away from the battlefield, permitted our little army to be slaughtered, and tho campaign turned Into a disastrous de feat, rather than go beyond tho bound ary of their state. Again during the dark days of tho rebellion, although a number of state organizations volunteered and were ac cepted for short periods of service, there was no Instance where the gov ernment assumed the power to order them Into the field. Is It reasonable to suppose that during the many crises which then occurred, this power would not have been exercised If it had ex isted? It Is clear that the present war department does not consider the Na tional Guard subject to its orders, for it Is quoted as saying these troops would be invited to assist in case they should be needed. CONDITIONS NOT RECOGNIZED. The trouble with Major Morrison's construction of the law and the de cisions of the courts quoted by him grow out of a failure to recognize the conditions following the passage of the Act of 1793. A perusal of that act shows that it contemplated the organ ization of the entire militia forces of the country. Every able-bodied man between IS and 45 years of age, not exempt by law, was a member of some grade of this force, and could be in stantly ordered to duty. "Muster days," as they were called, were held twice a year, at which every man was required to report, with his own uni form and gun or other weapon, and ammunition, all provided by himself. This organization was more or less efficiently maintained up to 1850. The writer well remembers attending such musters back In the 4p decade. They were then mere burlesques, and very soon the militia ceased to have an organized existence. Contrary to the purpose of the Act of 1795, and recog nizing that it was practically dead, the act of the general assembly of Penn sylvania of 18S7, above quoted, speaks of the militia as the enrolled not or ganized militia. It being now clear that the National Guard, as at present organized, is not subject to the call of the national gov ernment, the important question arises, how can this defect in Its organization be remedied? The answer to this ques tion is my Justification for writing this article. The constitution of tho United States gives power to congress (Art. I., Sec. 8, pi. Id) "to 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, reserving to the states respectively the appointment of the otlicers, and the authority of train ing the militia according to the dis cipline prescribed by congress." The remedy lies In the exercise of this power. The militia, like our citizen ship, is first national and then state. The National Guard should be so or ganized. Its contract of enlistment should recognize the paramount right of the nation, in case of war, for at least a certain definite term of service, whilst In time of peace It should be as at present, under the control and in struction of the state. RILL HE PROPOSES. I have mado a rough draft of a bill which Is appended which embodies, I think, all that Is necessary to accom plish this purpose. It will be noticed that this bill puts the entire cost of maintenance of tho guard when so or ganized upon the national government. This would be an inducement to the states to reorganize the guard to con form to this law. It would save Penn sylvania 5300,000 per year. The na tional government Is of right, and should be In fact, the head of all mili tary power. Tills act would make It so. The value of this would be ample compensation for Its annual cost. AgHin, the cost would be much easier boi ne, when placed upon the national government .With the states the money must bo raised necessarily by direct taxation always the most burden some. With the general government it Is raised by customs revenues and in direct taxation. Of course, this fea ture of the bill may readily be modi fied, so that tho cost shall be equally divided or otherwise as may be deemed best. F. L. Hitchcock. TEXT OK THE ACT. An Act to provide for organizing, arm ing and disciplining a portion of the Militia to bo known as the Active Mil itia, and to be called the National Guaid of the United States. Section 1. Ho it enacted, etc., That unon the passage of thlB act the presi dent shall proceed to call forth, organ ize, arm, equip and discipline a portion of tho militia, not to exceed In the ag gregate of all arms 300.000 men, and shall apportion the same between the several stales according to their ratio of the en rolled militia liable to military duty un der existing laws. Said troops shall bo Known as tho Active Militia and shall bo called the National Guard of tho United States. Sec. 2. Tho president shall opportion tho number of each arm of the servlco of the several state quotas; nnd shall prescrlbo their organization, arms and equipment, and the system of drill, dis cipline and instruction to bo observed which shall correspond as nearly as may be with that of tho i egular army. Sec. 3. Tho Active Militia hereby or ganized shall bo composed of men who shall enlist In tho servlco of their re spective states and the United States for a period of not less than three years. They shall at all times be subject to tho orders of their officers, and shall be subject to active service whenever called upon by the president, for the national defence, In ense of war, Insurrection or Invasion, for a period of not to exceed six months during any one term of en listment. Sec. 4. Tho National Guard may' bo or ganized by tho several Btates In accord ance with tho requirements of the presi dent as to numbers not less than tho allotment as herein provided, and as to organization, system of tactics, drill dis cipline and Instruction as shall bo pre scribed by the president as hereinbefore provided. Said guard so organized, ex cept when called into actlvo service by tho president for the national defence, shall be subject to tho laws of their re spective states, which- shall bo respon Nile for the drill discipline and Instruc tion of the same. Sec. 5. Tho president may require the GuarO to be assembled in their respec tive s tes, In camps of Instruction, or for marching nnd camping tours not of tcner than once a year, and for periods not exceeding twenty days, and when ao V 'MrjaKRfJi Mfrflli' UaaOTifis. - H. n : V s -- jr'- r WlmW TvT I -' caomoimiiiice tlhenr First C J -w -w mm mm . M w w v r a f n. .fe&fetfftSaWr ,-A:rrT3l mWmmlmtisr .oBiaiv w- prjiaf'J rw rilf-ydSR? UJ f juoinsrs bom, airraoiuiinice their First Ainieiiiiall Opemieg' of Spring' fliHieery on Thursday, larch Tlh5rtyfirst9 Friday amid SatMrday9 April ist and aodl. Paris comes to New York with exquisite creations in women'c headgear, and with this opening, Paris comes to Scranton an event in itself. But the bon marche of Paris is no longer the bon marche of the world, for American culture in design and creation vies with the French in creative genius. Thus in this brilliant display may be seen THE EXQUISITE CREATIONS OF THE LEADING PARIS MODISTES. THE CHARMING PRODUCTIONS OF THE BEST NEW YORK MILLINERS. THE EXCLUSIVE DESIGNS FROM OUR OWN WORKSHOPS IN TWO CITIES. For months our Millinery Chief Mr. Edward Long has been viewing, planning, thinking conceiving and preparing for this event. Our judgment is that he has been successful. We know yours will be equally so. We can certainly promise the greatest profu sion of fashionable Hats and bonnets that this city has ever seen. We believe it to be worthy of usand of you. ' Our own designs are shown beside those of the world's best and well they honor their position. It is Scranton and Wilkes-Barre versus the world judgment lies with you. MILLINERY DEPARTMENT: SECOND FLOOR. Jonas Long's Sons. assembled transportation to and from the same shall be furnished with subsidence and proper camping equlppage. The president may also mobilize the Guards of the several states or such parts thereof as ho may deslro for pur poses of Instruction, Inspection, parades, maneuvers and reviews, not, however, requiring of any portion of the Guard more than the twenty days' time per year, as hereinbefore provided. When so assembled by tho president, or by tho state in pursuance of prescribed methods of Instruction, tho officers sha. receive as compensation the same pay per diem and allowances as officers of llko rank lng tho regular army, and enlisted men shall be paid as follows, viz: Non-com. missioned officers of the general staff, $3 50 per day; non-commissioned officers of the regimental staff, $3.00 per day; first sergeants, $2.60 per day; sergeants, $2.00 per day; corporals, $1.73 per day; privates, $1.50 per day. When tho Ouard of different Btates or portions thereof shall bo so mobilized for purposes of instruction, they shall be un der the command of the president, who may detail an officer of proper rank fiom tho regular army to their command. Sec. G. Military duty shall require tho attendance of officers, non-commlssloned officers, musicians and ptivates on all occasions of drills, parades, rovlows, in spections encampments or marches, tours of duty, and active service ordered by tho commanding officer of tho com pany, regiment, battnlion, brigade, divis ion, tho governor of tho stato or thu pres ident of the United States, or provided for by the by-laws of tho company, un less excused therefrom by the officers having authority to grant such excuses; and that after receipt of such order or notice to appear, and while on such duty or going to and returning from tho same, obedience shall bo rendered to all rules, regulations, xisagts, customs, and re quirements of the army of the United States and of the stato wherein the sol dier shall be located. See. 7. On enlistment every man shall tako an oath which mav be administered by any commissioned officer of tho state, or of the United Stntes, to support tho constitution of the United States and of their respective state; faithfully un charge his duties as a soldier of tho Na tional Guard of tho United States, as prescribed in Section 6 of this act. Sec. 8. All expenses of organizing, arm ing, equipping and Instructing tho Na tional Guard hereby criVted shall bo paid out of the treasury of tho United States. And when any state in pursuanco of this act shall reorganize Its present active militia to meet the requirements thereof, or shall organize its quota of tho Na tional Guard In accordance therewith, and by act of assembly shall nccept tho provision of this act, and so certify to tho president, the laiter shall proceed to Inspect said militia, and If tho samo shall bo found equal to tho required standard of tho National Guard, tho samo shall bo accepted as a part thereof, and such state shall bo reimbursed for tho cost of tho current years' maintenance, or If newly organized the cost thereof, and thereafter, year by year upon a sat isfactory Inspection of said Guard, tho cost of maintenance thereof shall be re imbursed to such states. Sec. 9. Tho president shall prescrlbo tho arms, accoutrements, equipments and camp and garrison equlppngo and other supplies of tho National Guard and tho ammunition for the same, which shall bo supplied upon proper requisition from tho governors of tho several states. Such arms, accoutrements, equipments and other property so supplied shall remain the property of the United States nnd shall bo carried on vouchers by the prop er commanding officers of companies, battnlons, etc., who shall account for the samo through their proper superior of ficers to the government of tho United States. Sec. 10. Should any stato refuse to or ganize its proper quota of the National Guard as required by this bill, or fall or refuse to accept tho provisions of this act, and reorganize Its active militia so as to conform to Its provisions within two years after a refusal shall bo deemed an abandonment of its right to appoint tho officers of tho militia, and the au thority of training the same, nnd the president shall proceed to organize the proper quota of tho National Guard al lotted to such state, commission its of tiers, supply the same with uniforms, arms, ammunition, and all necessary sup. plies; ho shall provide for their Instruc tion and training, and in all respects said Guard shall bo upon tho samo foot ing as other portions of the National Gui rd under the provisions of this act. The National Guard organized under the proMsions of this section shall be oxclu slveb' United States troops, and shall bo governed by the laws, regulations and usag. s of the regular army In time of peace. Tho president shall provide tho same with sultablo armories and means for tho preservation and caro of gov ernment property in its hands. Ha shall prescrlbo tho system of drill and times and duration of annual encampments or marching tours, for instruction, parades, reviews, etc., not to exceed twenty days in any one year, and wnen on such tours of dutv, the officers and men shall bo paid the samo as other portions of tho Guard, as provided in this act. Tho Guard so organized shall bo enlisted for live yens, and shall be subject to ac tive duty when called out for tho Na tional defense tho same as other por tions of this act. Sec. 11 Tho National Guard created by this act when duly sworn In lnaccordanco with the provisions of this act shall be deemed to have been duly mustered into tho United States service, and when called into active service as herein pro vided shall bo governed by the laws, usages and customs applicable to tho regular army of the United States. IN FINK HEALTH. So Writes Mrs. E. E. Oliver, or Stnebncr, Texas. "Four months ago I was taken with flowing, which left me with a cough which lasted eighteen days. During that Urn. I could not lie down at all on account of smothering feelings. During my menses I nearly died with pain in my back, hips and thighs. I had nervous snells ut the least exer tion, so that I could hardly speak. My feet and hands were cold all the time. I had spells with my heart; at times it would beat so fast that you could scarcely count the beats, and then it would llutter. I was tired all the time and had no appetite. I took medicine from our family doctor, but it did me no good. Now by the use of your most wonderful medicine I am a well woman. I had given up all hope of ever getting well again, when, I chanced to see one of your advertisements. I wrote to you, you advised Pe-ru-na, and I have taken $10 worth in ull. I am now in fine health, for which blessing I thank you, I was n near wteck when I began to take your medicine, as I had gone from 124 to 100 pounds, but now I am back to 117 and feel better than I have for years. A thousand thanks to you." "Health and Ueauty," a book devoted to the catarrh peculiar to women, will be tent free to women only by The Pe-ru-na Drug Manufacturing Company, Columbus, Ohio. MRS. KLUMP NO! F0RQ0TT0N. $50 tier Husband's Death Brings from Silk Millownors. The firm of Relllng, David & Schoen, at whoso silk mill now building in the Tenth ward Joachim Klump tnet his death ten days ago. has remembered the latter's widow and children. Sec retary Atherton on Friday received from the firm a check for $50 for Mrs. Klump and her children. The accom panying letter stated that the chil dren will he given work In the factory as soon its they have reached the legal ago. Klump's death resulted from a fall of forty feet from a scaffold. IIo was tak en to his home on the South Side, but lived only seven hourj. Of his five children the oldest is a boy 1 years of age. Klump was employed by Peter Stipp, the contractor, who is building the mill. EDUCATIONAL CLASSES PF Y. M. C. A. Programme That Has Uecn Arranged for Tuesday Evening. The educational classes of the Young V.'omen's Christian association have planned an Interesting musical and llt etary programme for Tuesday evening. Special selections will bo given by rep resentatives from the elementary and penmanship classes; special features by the German, French and Chautau qua circle, Indicating the work which' Is being done In the class rooms, such as German poems, French dialogues, etc An exhibition of the work done in the penmanship class will he ready for inspection. The programme promises to be one of intetest. 4--M-M- -M-f 4 -f X REXFORD'S. 4 ' -HH---4-M--M--H- REXFORD'S. A THEATRICAL ATTRACTIONS. Buaay was overturned. Car Trncks Cnuso n hplll Near the Post Ollicc. A buggy in which George Dunn and John IJrown were seated was over turned at tho corner of Linden street and Washington avenue Saturday. The accident was occasioned by the wheels striking sideways and with considerable force against the car track. Doth men were slightly bruised. The horse, a spirited ailimui, was stopped near the scene by Detective Molr. Snwtpllr Dramatic Company. Tills evening at tho Academy of Alusio tho Sawtcllo Dramatic company will beln a week's engagement by tho produc ion of "On the Hudson." Tho programme for the remainder of the week is; Tues day matinee, "Stieets of New York;" Tuesday night, "Captain's Mate;" Wed nesday matinee, "Itosedalc, or tho Hlilo Ball;" Wednetday night, "Malno and Georgia;" Thursday matinee, "Under tho British Law;" Thursday night, "Around the World in Eighty Days;" Friday Mat inee, "Around the World In Eighty Days;" Saturday matinee, "Malno and Georgia;" Saturday night, "True as Steel." Tho company Is a strong ono and Is headed by Miss Jessie Sawtelle. It contains several first-class specialty ar tists. A Double .Show. Tho Flynn and Sheridan Ulg Sensation company, which begins a three days' en gagement at Music hall this afternoon really consists of two companies, one composed of whlto and tho other of Cre ole artists. Among the artists who will appear aro Ada Henry, queen of bur lesque; Hughes and Dillon, the world's greatest dancers; Nina and Vanl, in a novel act; Marlon and Pearl, In choice se lections; Ruth De Shon, tho charming soubrette; a grand song and dance tour nament by ten beautiful Creole maidens; tho one Golden Gate quartette, Afro American comedians and dancers; Miss May lioheo and a host of others, Two bright sparkling comedies, a chorus of twenty white ladles nnd fifteen Creole maidens. Matinees Monday and Wednes day. ''The Old Cont. "The Old Coat" Is the title of Smyth and Illco's latest comic success from the pen of Lieutenant W. II, Allderdlce, of tho United States navy, which Is an nounced for its first presentation in this I Stupendous jSale of China I IirE HAVE ON HAND some 5000 f yy pieces of fine China all that is now left of our once immense stock. We are not going to keep China any more. Have been selling it off little by little at cost for a month or so. We want the room it occupies for Pic tures now and we are going to have it. Thus tomorrow we inaugurate a sale of China the like of which Scranton never saw before. We will sell to wholesalers at less than they can manufacture China we will sell to retailers at less than they ever bought before we will sell to any body at any price to get rid of it. That's the whole story in a nut-shell. Here are a few instances of the selling the prices remain good until the items are sold. The quantity is limited in each instance the early shopper catches the bargains. Real china cups and saucers that were 23 und ay cents. Sale 1 jr, price lot' Thirt-ono fancy decorated China Cako Plates that sold for Z'i 7r cents. On salo now for.... iaw Ten-piece toilet set Imported ware handsome decorations, Tho regular price Is $5.0). Just two left C I Oft which will sell at v1''0 12-pleco toilet set rich hand decora tionsfinest of ware. Regular prlco was $10.00 Prlco now c g About twenty-five oyster and soup bowls that sold for 15 cents. a- Salo price now w Odd lot of china plate that An were 15 cents, Salo prlco.. Real china tea sets that sold for $3. Throo decorations handsome shales, all underglazed. C in Sale price is 44,oy A dozen or so glass syrup dips with sliver nickel tops. Wero - 29 cents. Salo prlco 1ZC Meat platters cholco of any e wo havo left for "I Choice of glass celery and plcklo trays that sold for 19 and 5 ac tents, now , '-' Jardlnleras that sold for 33 cn cents. Salo prlco IOw Lemonadesotswlth tray that nn sold for $1.73. Salo prlco is. '"C Delf placques a dozen designs real Imported, that sold for J9 iQr cents. Now oj Rexford's, 303 Lacka. Ave. $. M 4-M--l--M--M-f-f-f-H--H-H--f-M-44-fJ The comedy is said to be patterned aftor tho German model, but Is original In its conception, treatment and development, cltv at tho Lyceum Tuesday, March Ti, 1 and it will be interpreted by the Smyth and Rico Comedy company, including Frederic Ilond, John F. Wurd, John U, Maher, Helen Relmer, May Yokes and others equally well known, JC.',j .sr
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