The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-30
WILL SUE THE STATE.
Militia Officers Decide to Appeal
to the Courts.
NoTE-sHAvERs BUYING CLAIMS.
Soldiers to Test Responsibility for
Strike Services-New Uniforms
Worlds Fair Drill.

The commissioned officers of the militia CON-
panies which served during the recent dis
turbances at the coal mines last evening de-
clded to seek Judicial decision on the question
whether the state or county Is legally respon-
siole Tor their payment Colonel Haines had
conference at Tacoma on Friday with Captain
FIFE, OF Company C, Captain Shank. OF Company
Y, ana Captain Ashton, of Troop b. at which all
those officers agreed that the proper course to
pursue was 70 sue the state. and thus bring the
matter to an issue. Colonel Haines then tele-
graphed to all the commissioned officers calling
meeting, TO be held at the Armory, in this city,
last evening, to take formal action. At this
meeting 1t was unanimously decided that legal
steps should be taken TO solve the doubt
The meeting began at O'Clock, Colonel j. G.
Halnes presiding. Those present were: Lieuten.
ant-Colonel Joseph Green, Adjutant Charles
Esplin, Commissiary J. A. Hatfield, Quarter
master c. L. +. Kellogg, Captain L. s. Booth and
second Lieutenant Theo n. Halter, of b COM
pany: Captain E. {. Ingraham and Lieutenant
II. II. Smith, OF company; Captain r. S.
Allen and Lieutenant F. l. Hilton, OF d COM
pany. Captain shank, of G company: Lieuten-
ant Howe !, of company, and Captain Jones,
Oh company, were ex pected but did not put in
an appearance.
Colonel Haines, in opening the meeting, stated
that its object was to discuss what measures
ices OF the militia at the mines. He told the
result of his conferences with Governor Ferry
and Commissioner Gasch, as already pub
nshed He stated that some parties were
buying up the claims of the militia
at &C cents on the dollar and deprecated the ac-
ceptance OF the offer as the claims were per.
fectly good: II the county did not pay them the
state would. They ought to reach some de-
cision. either not to push their claims or take
measures by legal proceedings to find out
whether the state or county must pay 1t was a
disgraceful thing IL the men were not to be paid
after having served for only $3.50 a day. The
proper thing would be to apply to the supreme
court for a mandatory injunction to compel the
state military board to audit the pay rolls. The
paymaster should present the rolls to the board
and, il it declined to audit them, apply for
writ.
Adjutant Esplin said the military board had
already refused to audit the Quartermaster's
bill and it was on this case that the attorney
general based his opinion. He said that the pay
roll OF Company had not yet been sent in.
Colonel Haines said that IL any OF the com
panies neglected to send In their pay rolls those
rolls could not be included in the suit. It was
better to raise the question on the pay rolls.
though decision on one case would apply to
all claims for service at the mines. This was q
kind OF crisis in the organization of the National
Guard. IL the troops were not to be dealt fairly
ganization.
Lieutenants Halter proposed that Colonel
Haines should take charge of the case.
Quartermaster Kellogg moved that the CON-
handing officer be instructed to take what &C
ton he thinks proper for the benefit OF the ser
vice. He favored applying for writ of man
damus Lieutenant Haller seconded the motion
and it was unanimously carried.
Colonel Haines asked for definite declara-
ton whether the officers were of the opinion
that he should apply for writ against the state
board.
Captain Kellogg said he was willing to go on
record as favoring such action. He made mo-
ton to that effect which was adopted without
dissenting voice.
Captain Hatfield stated that the bills of the
cooks who had been employed at the camps and
of the storekeepers who furnished supplies had
not been paid, and he was being constantly
dunned for them. At the present time he could
not go into any store and buy cents worth of
goods on credit for the state.
Colonel Haines said this would be test case
If the court ordered the payment of one claim,
the decision would cover ALL This was the only
thing they could do for the credit OF the service
and keep the organization together. Referring
to the complaints against Adjutant- General
O'Brien, he said that Governor Ferry had prom
ised to give his personal attention to tho matter
of quarters and equipment. If there was any
had 1t, 1t would be furnished If the state had
not the desired equipment it would be pur-
chased. Since that time he had conducted
correspondence on such matters directly with
the governor. The governor had also told him
that the military board would have large
fund next year SO that they could have an en-
campme1t. He the governorl had also agreed
to furnish new fatigue uniforms. In order to
obtain them it would be necessary to have a
survey OF the old uniforms and have them con-
demned. He had applied twice to General
O'Brien for a survey, but received no answer
He took his letter book to Olympia and showed
the copies to OBrien, who said he had not
seen the originals. Lieutenant-G Governor Laugh
ton said he had received one of the letters and
handed it to 0Brien, who then said he must
have received it.
Lieutenant Halter raised the question OF the
organization OF a new cavalry company in this
city, which he thought could bc raised in the
spring. Colonel Haiues said that no new COM
pany could be formed under the military law
as il now stands.
Captain kellogg suggested that the encamp-
ment next year should be held with view to
going 10 the Worlds fair. They ought to have
II understood that the company which won the
competitive drill should represent the state in
the competitive drill at the Worlds fair.
Lieutenant Halter suggested that the Field
Club grounds won make good drill ground
ASNs N''A' ~ Nse' S"AS hAicy SOO4o aIEauSe
to use them for that purpose.
After this general discussion of military mat
tiers, the subject OF lighting the Armory with
electricity was considered. Captain Hatfield
dilating on the vagares of the gas meter
Colonel Haines closed the meeting with the
statement that he would go to Olympia this
week, agree with the attorney general on a test
case, and bring it before the supreme court on
as early day as possible.