The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1874-07-03
An Important Circular frem the Ad-
jntant Generals ONCE.
COLUMBUS June %


The following circular, called out by
the recent coal troubles, and the possi-
bility of trouble in the future, was is
sued from the Adjutant Generals Office
to-day:
GEN. HEADQUARTERS, STATE OF O., !
ADJUTANT GENERALS OFFICE
COLUMBUS, June %, 1874.
For the benefit and information of the
organized independent militia of Ohio,
and the civil officers who are authorized
to call to their aid the militia of the
State, for the purpose of preventing dis
turbances, the following circular is pub
lished.
In the act of April 2, 1866, to enroll
the militia of Ohio, and to organize
volunteer militia [swan and Sayler,
page 548l, it is provided as follows:
"SECTIoN 43. Whenever there shall
be in any county any tumult, riot, mob,
or any body of men acting together by
force, with intent to commit any felony,
or to offer violence to persons or prop
erty, or by force and violence to break
+ or resist the laws of the State, or any
such tumult, riot, or mob, shall be
threatened, the Chief
the Mayor, of any city or village, the
Sheriff or Judge Of the county, or
Supreme Court of this State, or the Un-
tied States, may issue his call, directed
to any commanding officer of any regi-
ment, battalion squadron or company,
. to order his command or any part
thereof describing the number and
kind of troops) to appear at time and
place therein specified, to aid the civil
authorities in suppressing such violence
and supporting the laws.
"SEc. A. The officer to whom the
| call of the Commander-in-C Chief, Mayor,
Sheriff or Judge shall be directed, shall
/ forthwith order the troops therein men,
toned to parade at the time and place
appointed; and, if he shall neglect or re-
fuse to obey, or if any officer shall re-
fuse or neglect to obey any order issused
in pursuance thereof, he shall be cash
tered, and be further punished by fine
and imprisonment not exceeding six
months, as a Court martial may adjudge,
and any non-commissioned officer or
private who shall neglect. or refuse to
appear at the place of parade, to obey
any order issued in such case, or aDy
person who shall advise or endeayor to
persuade any officer or soldieE to refuse
or neglect to appear at such place, or to
obey such order, Rhah be held guilty OF
misdemeanor, and on conviction there
of, shall be imprisoned not to exceed
six months, or fined one thousand dol
lars, or both.
| SEC. 40. Whenever the commanding
officer of any company shall order out
his company for any duty other than the
stated drills, he may order one or more
non- n-commissioned officers or privates tC
notify the men enrolled in such com
pany to appear at the time and place
appointed; and each non-commissioned
officer and private so ordered shall give
notice Of the time and place appointed
for the meeting of said company to eacE
man personally, or by leaving at hi.
usual place of abode a written or print
ed order signed by such non-commission
ed officer or private, which notice shall
he sufficient warming"
1t is further provided in the act O.
April 1s, 1870, Ohio Laws, Vol. 81, pag,
lOS:
"SEc. 8. That said companies anc
other organizations as herein provided
shall be separate and Independent of an.
and all other military organizations anc
commands whatever in the State, anC
subject solely to the direct call of tht
Governor of the State and the regularly
constituted civil authorities, for the sup
preston of insurrection and riot, or tn,
repelling of invasion, or the enforce
ment of the execution of the laws ac
cording to the provisions of the Con
stitution and the laws of the State; ant
in all cases of demand or requisition fo
a military force by the Sheriff or Mayor
it shall be by application to the senio
commissioned officer in rank at the tim
present in the city, town or county
where such services are required"
By the provisions of these acts of tn,
Legislature, whenever the civil author
tiles are unable to suppress tumults, riots
mobs, or any body Of men acting togeth
er by force, with intent to commit an,
felony, or offer violence to person o
property, or by force and violence t
break or resist the laws of the State; O
any such tumult, riot, or mob shall
threatened, the Governor of State
Mayor of city or village, the Saerit
or any Judge of the county or Suprem
Court of this State may issue his cal
directed to the commandant of mill
tary organization within his .iursidic
tion to order his command or part 0
it, as the necessities may seem to require
to appear at time and place therein
specified to aid the civil authorizes
: This power is vested in either Of tn
: above named civil authorizes, and he
: clothed with full power to issue his cal
z for the aid. He is made the Judge iron
: the circumstances as to when the neces
sity arises for calling to his aid or tn
t aid of the civil authorities the organ
lied militia for the purpose of suppress
: ing or preventing disturbances.
When the organized militia is calle,
out for any of the above purposes, the.
are to report to the civil authority a
directed in the call, and are strictly un
der the direction of the civil authorit,
to whose aid they are called, or some on
: legally authorized to act for him, and ar
: to strictly and carefully avoid and pre-
: vent, if possible, Bny disturbance or in
jury of person, or property, and secur
; the enforcement of the law, and it i
} not until the fullest efforts have beer
made without effect to quiet the dis
turbance, that they should use force up
: on parties causing the disturbance.