DELEGATE WEIDEMEYER: I would
like to ask the sponsor of the amendment—
THE CHAIRMAN: Does Delegate Mar-
ion yield for a question?
DELEGATE MARION: Yes.
DELEGATE WEIDEMEYER: Does
Delegate Marion realize that by striking
out the last sentence beginning on page 18,
he strikes out the limiting provision that
only members of the militia when in actual
service may be subject to trial by a military
court in this state. "Only members of the
militia" means that other civilians cannot
be subject to trial before a military court.
To strike that out destroys the intent and
purpose behind the sentence. While your
sentence may be good in clarifying mem-
bers of the military service, it does not go
as far as the draft of the Committee to
prevent civilians from being tried.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: That was cer-
tainly not my intention and if Delegate
Weidemeyer will suggest clarification of
the language so that that purpose might be
effectuated, I would be happy to accept it.
I would certainly like to make clear that
no civilian may be tried by a military court.
THE CHAIRMAN: Could the Chair sug-
gest language to you unless Delegate
Weidemeyer has language.
DELEGATE WEIDEMEYER: If Dele-
gate Marion would accept a suggestion, it
could be easily done by adding the word
"only" on line 3 of his amendment in front
of "a member."
THE CHAIRMAN: And perhaps if you
did that, Delegate Weidemeyer would want
to add the words "and then" before the
word "only" in line 4.
DELEGATE MARION: Yes, sir.
DELEGATE WEIDEMEYER: Yes.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Yes, Mr. Chair-
man, I was going to suggest the "and then"
before the "only" at the end of line 4. I
will accept those amendments to my pro-
posed Amendment No. 8.
THE CHAIRMAN: As the Chair un-
derstands it, Amendment No. 8 has been
amended or changed by the sponsor to add
the word "only" at the very beginning of
the new sentence in line 3 and to add the
words "and then" before the word "only" |
in line 4 so that the new sentence would
then read "only a member of the militia
may be subject to trial by a military court
in this State and then only for offenses
committed while the member is in active
service." Does the seconder accept the
change?
The Chair recognizes Delegate Clarke.
DELEGATE E. CLARKE: According to
BLACK'S DICTIONARY, when we speak of the
militia, we speak of the body of citizens in
a state enrolled for discipline as a military
force, but not engaged in actual service ex-
cept in emergencies as distinguished from
regular troops or standing armies.
The militia or rather the national guard
of this State only becomes the active mili-
tia when the governor calls it as such.
When the national guard or the air na-
tional guard meets at regular drill sessions
weekly or on weekdays or on training ses-
sions in the summer, they are not serving
as the militia, they are serving as the na-
tional guard or the air national guard.
THE CHAIRMAN: Is there any further
discussion? Delegate Johnson.
DELEGATE JOHNSON: I question
then—
THE CHAIRMAN: Question is directed
to whom.
DELEGATE JOHNSON: I am really
not quite sure. Perhaps to Delegate Marion.
I am really not sure to. whom this should
be directed.
THE CHAIRMAN: Does Delegate Mar-
ion yield for a question?
DELEGATE MARION: Delegate Mar-
ion will yield. He does not guarantee to
have the answer.
DELEGATE JOHNSON: It would seem
that this amendment would preclude mem-
bers of the National Guard from being sub-
jected to trial by military court. Is that
correct?
THE CHAIRMAN: Can you answer,
Delegate Marion?
DELEGATE MARION: I do not know;
I would suggest that Delegate E. J. Clarke
might have the answer.
THE CHAIRMAN: Delegate E. J.
Clarke can you furnish the answer?
DELEGATE E. CLARKE: I just wanted
to point out again, Mr. Chairman, and
ladies and gentlemen of the Committee of |
