Information About ™Home Guard |
Alternate: Structure for domestic surveillance which parallels National Guard, tends to utilize military retirees trained and equipped at government expense, and is coordinated out of State Adjutant Generals' offices. Legislative history dates to Civil War-era; modern origins circa 1990. ex: ''The State of West Virgina versus the United States'', 45 Ct Cl 576, with Howry, J., delivering the opinion of the court 597 : The fundemental idea running through the legislation on the subject is that state militia can only be paid when subject to federal authority.... This, under the law, excluded '''home guards'''. 598 If they were anything other than private citizens they were '''home guards'''. Some of them may have been allied as voluntary local associations of men around their homes, and, as said in the last motion to amend the findings, they may have performed some service as auxiliaries or even as guides; and, as further alleged in the motion, there possibly could have been without them no enforcement of the civil laws of the State, though proof is deficient on this point. But there is nothing in the record to justify the contention that they were ever in camp or that the service of any of these men was for a definite time. On the contrary, the most favorable showing made for them by the proof is that as '''home guards''' they would meet and disband; come together and go home again at will.... United States Court of Claims was changed to United States Claims Court in 1982 and a new series of published opinions was initiated though the old series was considered adapted unless otherwise revised. To verify the citation here please go to the OLD series pre-1982 volume 45 . SEE ALSO "NATIONAL" GUARD
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