, 1891-12-22
THOSE TELEGRAMS
WHICH PASSED BETWEEN COL.
HAlNES AND GOV. FERRY.
The Full Decision lin the case
Against the Military Hoard,
Recently Rendered by
the Supreme
Court.

the Supreme
Court.
[Notice-All decisions Of the supreme
court will appear in THE DAILY AND
WEEKLY TRIBUNE.l
herman Chapln, paymaster, ETC., VS..
Elisha z Ferry, governor, etc., ct al. No
3S7, filed Dec. Is, 1891.
The respondents constitute the board of
military auditors under the militia law Of
1890, sec. %.
The petitioner is the paymaster of the
First regiment National Guard of Wash
lngton, and as such prays that writ of
mandamus be issued directing the military
board Of auditors to audit the claims of
certain officers and enlisted men Of his regi-
ment for pay while in the service of the
state, as he contends they were, under the
following circumstances:
The First regiment, of which J. G.
Ha1nes was colonel, was constituted, at the
time mentioned in the affidavit, of nine
companies, designated as Companies B, G,
ID, ~, r, g, III, ! and K. of which Com
panles Z and q were stationed at Tacoma,
IN Pierce county; Companies B. d and e
at Seattle, King county, and Company /
at Port Townsend Jefferson county; ali Of
the members of these companies being res
ldents OF the counties in which they were
stationed, and majority of them being
voters in these counties. On the 24th day
Of June, 1891, there was a large body Of
armed men riotously assembled at Gill
man, in King county, and threat
ening to destroy the buildings and ma
chlnery connected with the operation of
large and valuable coal mine there. The
sheriff of the county being absent, the
manager of the mine applied to the deputy
sheriff for sufficient force to protect it
from injury and destruction, but the dep
uty declined to act in the absence of the
sheriff; The manager requested the col
onel OF the regiment to order out troops
from his regiment for that purpose. This
he refused to do. The manager then in
quired whether, if the sheriff should call
upon MIN for the troops to act as posse
comitatus, he would furnish them. The
colonel declined to act without orders
from the governor but at the request Of
the manager of the mine sent to tie gov
ernor the following telegram:
.sSeattle, June "a, 1891.
Governor 3. p. Ferry, Olympia Hotel:
[ am informed that a riot has occurred
at Gilman, and the destruction of mine
property is threatened now by armed men. 4
The sheriff is at Walla Walla. His deputy
here declines to act for WantsOf authority
The owners Of the mine have appealed to
me for protection. | have refused until
properly ordered. If the sheriff requests
me to send troops to use as a posse can
do it without orders from you? See sec
ton 800 of the code, and Ella VS.. Smith, S
OTaV III. l. am INFORMED the situation is
critical, and that loss of life and property
are likely unless prompt action is taken
Colonel J. G. Haines."
And received in reply the following:
nOlympia, June 25th, 1891.
Colonel j. Q. Haines, commanding First
Regiment, N. G. W., Seattle:
IF any officer mentioned in section $50
Of the code of Washington calls for an
armed force to suppress a riot, or to en-
force the execution of the laws at Gilman.
in King county, you will Immediately re-
pair to that place with one or more com
panies OF the n G. W., as you may deem
advisable, and render such aid to the civil
authorities as may be necessary.
Elisha P. Ferry, Governor.
On the evening of Sunday the 9th day
of June, a riot occurred at the town of
Franklin, in King county, which resulted
in a battle between two contending fac
tions numbering in all about eight hundred
men, and in which two men were killed,
and several wounded. The deputy at that
point was unable to quell the riot, or dis
perse the mob and the conflict ceased only
on account Of the approach of darkness;
the factions withdrew short distance
from each other, evidently intending to re-
sumo the battle with the coming Of day
light on the following day The deputy
sheriff telegraphed Colonel Haines at Sc
attic requesting him to order Immediately
to Franklin one or more companies of his
regiment to assist the civil authorities in
preserving the peace. This telegram was
ten in the evening Of that day. The mem
bers of his command were scattered
throughout the city, but were collected and
sent to Franklin, which is thirty-four
miles away, before daybreak Prompt ac-
ton seemed necessary, and the colonel i'm
mediately sent to the governor the follow
ing telegram:
SEATTLE, Wash, June 81, 1891.
ELISHA P. FERRY:
II have received a request from deputy
sheriff to send company Of the National
Guard to Franklin Immediately, he ex-
pecting riot at any moment. Several per-
sons have been shot. [ have ordered a
company there, and will accompany them.
have no specified orders from you ex-
cept from Gilman. If my action is not APP
proved, wire me at Franklin.
~. C. HAINEs."
Companies B and D were ordered out,
and as soon as sufficient number of those
one company available for duty the col |
onel proceeued with them at once to
Franklin, arriving there at daybreak. To
the telegram Of June 9th, no answer was
sent by the governor. The arrival and
presence of the troops at Franklin pre-
vented any further outbreak at that point,
and those companies remained in service
until relieved from duty on the 18th day of
July.
Oh the Goth day Of June, the threatened
riot at Gilman occurred, and the sheriff
after endeavoring in vain to quell it, re-
quested the colonel to send two companies
of his regiment to that place for the pur-
pose of assistiong the civil authorities in
preserving the peace, and preventing the
destruction of life and property. This he
Immediately did, sending companies D and
2 Of his regiment there. They arrived at
Gilman on the morning of the Both of
june and reported to the sheriff's dep
uty, and remained on duty until the 10th
day of July, preventing by their presence
any further riotous demonstrations.
At the town. of FrankliI, Newcastle,
Black Diamond and Gilman, in King
county, there are large and valuable coal
mines, the operation Of which constitutes
one of the principal Industries of the state
bodies of men, organized in the form of
military companies, paraded and drilled
with arms in their possession, and threat
ened the property pertaining to the
mines, and the lives of those who labored
in them, being a constant menace to the
public peace, and causing great terror and
alarm among the peaceable citizens Of
those towns.
In this state of affairs the governor, on
the End of July, 1891, addressed to Colonel
Haines the following telegram
"OLYMPIA, July 2. 1891.
"Col. j. G. Haines, Franzlin:
SsThe civil authorities should disarm all
unauthorized armed bodies at Franklin,
Gilman and elsewhere in King county
where there is danger of riot or breach Of
the peace. You will render all necessary
assistance to the civil authorities in this
direction. After disarmament the sheriff