that the militia only be called out when
"great destruction of life or property", or
words to that effect, was imminent. We
felt, however, that this was not correct. It
did not go as far as the Committee wanted.
For that purpose we added the wording
"at such times when great destruction of
life or property may be imperiled or may
occur". The words "may occur" were de-
liberately chosen by the Committee also
for the reason that we felt this would not
only allow the governor to call out the
militia after a disaster, national or other-
wise, but also in the event that such a dis-
aster might occur. We deliberately chose
the words "may occur" to cover both be-
fore and after any catastrophe that seemed
in the wind.
THE CHAIRMAN: I do not know that
the answer you have given, Delegate
Boyer, answers Delegate Chabot's question.
As I understand it, his question was
whether the words "at such times" are in-
tended to modify only the preceding words
"provide assistance" or whether they also
limit the right to "order the Militia to ac-
tive duty to repel invasions, suppress in-
surrections and enforce the executions of
the laws."
DELEGATE BOYER: I think "at such
times" should be an all-inclusive phrase to
cover all contingencies.
THE CHAIRMAN: Is there any further
question? Delegate Bamberger?
DELEGATE BAMBERGER: Mr. Chair-
man, I should like to ask the gentleman
two questions. I should like to ask the gen-
tleman whether the words "active duty" on
line 11 and the words "actual service" on
line 19 mean different things so that a
member of the militia might be subjected
to trial in a military court when not on ac-
tive duty but engaged in some other ac-
tivity presumably of a lesser type, but
which is actual service.
DELEGATE BOYER: Delegate Bam-
berger, on line 11 the words "The Gov-
ernor may order the Militia to active duty"
means that such times as he feels it neces-
sary, he may call them out or order them
up for active duty.
The wording "active service" on line 19,
and on this matter we went into a lengthy
discussion, might cover the situation where
someone not on active duty for a catas-
trophe, might be in flagrant violation with
misconduct of some sort while on a Na-
tional Guard night. Then he would be in
"actual service" although not on "active
duty." |
THE CHAIRMAN: Delegate Bamberger?
DELEGATE BAMBERGER: I should
like to ask the gentleman another question.
On lines 17 and 18 the Committee recom-
mendation adds to the Commission's Draft
the words "in the person of the governor".
Is it the intent to diminish the power of
the General Assembly over the militia by
those words? If it is not the intent, was
there any expression in the Committee
about a concern that vesting this civil con-
trol over the militia in the governor and
presumably exclusively in the governor
does, in fact, diminish the power of the
General Assembly over the militia?
DELEGATE BOYER; Certainly it was
not the intent to diminish the power of the
General Assembly. We felt that somebody
had to be the captain of the team, and that
the governor should be the commander-in-
chief. I believe this was the unanimous
opinion of the Committee. As 1 stated, we
considered what would happen in the event
the governor not be available, and we de-
cided to leave that up to the Committee
on the Executive Branch without getting
into the detail of saying "should the gov-
ernor not be available." Our main purpose
was to perpetuate and keep control of the
militia in the hands of civil authorities in
the person of the governor or his repre-
sentative as might be spelled out elsewhere
in the Constitution.
THE CHAIRMAN: Delegate Bamberger?
DELEGATE BAMBERGER: I should
like to ask the gentleman whether there
was a specific intention in adding to the
Commission draft the words "in the per-
son of the governor" at lines 17 and 18,
and what was that intention? I take it
from your prior answer that it adds noth-
ing to lines 9 and 10 which say that the
governor shall be the commander-in-chief
of the militia.
DELEGATE BOYER: No, probably it
was our intention to emphasize the fact
that we wanted the militia continually and
perpetually in civil control in the person
of the governor. That was our intent in
adding the words 'in the person of the Gov-
ernor", so it would be irrevocably clear
that this was our intent.
THE CHAIRMAN: Are there any
further questions? Delegate White.
DELEGATE WHITE: I am concerned
that the two words "may occur" on line 15
of the draft proposal would authorize the
governor to enforce the execution of the
law. I am wondering if the Committee felt |
