, 1891-12-05
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POSITIVE PROOF.

Colonel ]. Q. Haines, in his argument be-
fore the supreme court yesterday and in
his finely prepared brief, gave positive
proof that the governor had ordered out
the troops in the recent troubles in King
county. In the telegram Of June 24th, sent
by Colonel Haines to Governor Ferry, he
says: "The owners of the mines have ap-
pealed to me for protection, l have re
fused until properly ordered. If the sheriff
requests me to send troops to use as a posse
can 1 do it without orders from you p
To this the governor replied:
eff any officer mentioned in section 800
of the code of Washington calls for an
armed force to suppress riot or to enforce
the laws at Gilman, in King county, you
willimmediatelyr repair to the place with one
ormore companies of the N. G. w, as you
may deem advisable, and render such aid
to the civil authorities as may be neces-
sary"
The section referred to (omitting such
portion as is not applicable to this case)
reads as follows:
"Sec. 500. If three or more persons shall
be unlawfully, riotously, or tumultuously
assembled, any justice of the peace, sher-
itf, deputy sheriff, constable or marshal of
of the city, or mayor or alderman thereof,
shall go among the persons so assembled
or as near to them as possible, and shall
command them in the name of the Terri
tory of Washington Immediately to dis
perse. If the persons so assembled do not
Immediately disperse, it shall be lawful for
every such officer to command sufficient
aid to seize, arrest and secure in GUS
tOdy all such persons, and if necessary
an armed force may be called out and shall
obey the orders of any two of the magis-
trates or officers mentioned in this section,
and if any such person shall be killed or
wounded by reason of their resisting the
persons endeavoring to disperse or seize
them, the magistrates or officers shall be
held guiltless."
In pursuance of orders in this telegram,
Companies D and E were ON the 10Th day
of June, 1891, ordered by Colonel Haines
to the town of Gilman, at the request Of
the sheriff of the county. When the riot
occurred at Franklin the situation was
critical and the danger of a bloody battle
at day-break was imminent. There was
no time in which to correspond in the
usual way with the governor and tele-
gram was sent by Colonel Haines stating
briefly the facts and concluding as follows:
''I have ordered a company there and
will accompany them. | have no speoi-
fed orders from you except for Gilman.
II my action is not approved, wire me at
Franklin" /"
The governor did not wire Colonel
Haines at Franklin, consequently he was
justified in assuming that his action had
been approved, Under this order a por-
ton Of Companies B and D proceeded to
Franklin; two days afterward Company D
was transferred to Gilman by virtue Of the
governors order Of June 25th and at the
request Of the sheriff company B remained
at Franklin until finally relieved from
duty. On the I'd Of July, in consequence
Of the threatening attitude assumed by
the unauthorized armed bodies which had
been organized at Franklin, Newcastle,
Black Diamond and Gilman and the con
sequent menace to the public peace result
ing therefrom, the governor sent a teIe-
gram to Colonel Haines in which he says:
t'The civil authorities should disarm all |
unauthorized armed bodies at Franklin,