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DELEGATE WHEATLEY: Mr. Chairman, if I might
add to the comment made by Delegate Clarke, the testimony
before the committee was that National Guard, as such,
constitutes organized militia and therefore would be a
part of the whole. I think this might clear up the
problem raised. This would include in my interpretation
National Guard since the National Guard would be a smaller
part of the whole. The qualifying language would be
actual service which would mean the vast body of militia
might be National Guard or other members of the militia
then in actual service.
This, incidentally, I think, is one of the most
troublesome areas of the whole law because of the use of
words with very particular meanings,"active duty" and
"actual service," and therefore we try to use the
broadest language, "actual service" rather than "active
duty." I think this amendment would include National
Guard since National Guard has been defined as the organized
militia.
THE CHAIRMAN: Any further discussion? The
Chair wants to direct an inquiry to Delegate Boyer, the |
