Well, well, well, what have we here?

...Often during the months prior to April, 1923, the petitioner suffered losses through depredations by organized bands of robbers upon freight trains in and near Kansas City, Mo. It determined to make special efforts to frustrate further attacks by the culprits, and, if possible, cause their apprehension. To this end, on April 1, 1923, it employed David to act as a 'train rider' or guard for its cars. He had had experience in similar undertakings.

Also he was carefully advised concerning the probable danger. He was told that the robbers were desperate men who 'would shoot him just as quick as they saw him.' He carried a pistol and sawed-off shot gun* 'for the purpose of defending himself and the company's property.' When asked 'Whether you will fight these fellows or not?' he replied, 'I will fight them until I die.' ...

- U.S. Supreme Court, Missouri Pac. R. CO. v. David, Feb. 15, 1932.

A FULL SEVEN YEARS before the 'Miller' decision! Not one mention of him having to be in the 'militia' either. Hmmmmm.....