Q. Of the troops of the State who would be?
A. The Governor is the commander-in-chief. After the Governor, the next senior major general. I believe the senior major general was General Dobson or General Osborne. I have forgotten which. After him comes General Pearson in order of seniority, and after all the major generals had been exhausted the brigadier generals would come in; then the colonels.
Q. Is there any other person except the Governor as commander-in-chief who has authority to call out the militia?
A. I think not. That is a matter of law, and that I am not exactly able to give an opinion upon. My understanding as a military officer is that no one but the Governor can call the troops out. I certainly would hesitate a long time before I would obey an order from anybody else.
By Senator Yutzy:
Q. In the absence of the Governor from the State is there any one that could call out the troops?
A. Unless he left orders with his adjutant general.
Q. Can he delegate that power as commander-in-chief to any person?
A. That is another fine legal point. I will say this: That if the Governor is absent and an order came signed by order of the commander-in-chief, James W. Latta, Adjutant General, I should obey it. It is not my business to know whether the Governor is present or not. The order the official——
Q. He might exercise his powers as commander-in-chief out of the State, and without the exercise of the power from him, could any other person exercise that power of commander-in-chief?