The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-08

would by force prevent others from working,
thsn II was the duty of the company to have
both applied 70 the courts or % the sherin,
Dotn 70 protect the property and preserve the
peace. Section 276e, code 1881, gives the sheriff
iuIi ana ample power, even withou. HIS common
duty of The sheriff and his deputies to keen and
Rreserve the peace In their respective counties.
snail quiet and suppress all ARRAYS, riots and
unlawiul Assem- biies and instructions
xno w apprenending or securing any person for
Ieiony or breach OF the peace may call to his aid
sucn person or power of the county as they may
oeem necessary, Therefore 1t is the duy when
ones property is In danger or a breach of the
peace 10 committed TO invoke the aid of the
courts and the sheriff, who IL the peace officer
having me power to call on every able bodied
man In the county TO assist him, that is, the
posse comitatus. the power of the county. Tn
der that call IL lie the duty OF every abie-boded
citizen 20 respond, subjecting him to punish
ms his posse comitatns or entrusting the duties
OF keeping the peace or in protecting life
: sRa properly ss like sheriff isars like fair
aud impartial No one should be thus sum.
moned who is in the employ or connected with
either Q. the contending parties, and especially
not any OF the armed men brought in from an
other state, towit: Suilivan's men. Only citi-
zens oil the county can be thus summoned, and
ID tins great county Of King, surely there are
suihcient numbers OF loyal citizens ready to
answer the call OF the sheriff for such protec-
ton, for in thus protecting the property of
others they protect their own. When It is
demonstrated as a fact By being unable either
to have the aid of the posse cornitatus, or that
the posse comltatus Is unable to protect life and
property then 1t 10 time to call in the aid of the
military forces, the National Guard.
IL has been said in argument that these armed
men were employed because the officers of the
law knew that trouble would come by reason OF
the employment of new laborers, the inference
being that because the officials, knowing that,
did not OF their own motion protect
the property, therefore the company
lad kr.4~ Id - NhA
officials may be a fact-counsel saw
1t was private information-but the fact does
not appear before us officially, and we follow
forms his duty. It is the duty, we repeat, when
breach Of tn. peace. for the sheriff TO
other steps are taken either by him or any other
official. When the sheriff has exhausted this
power, that is, called upon the posse comitatus,
and the power OF the county is then unable to
protect life or property. then, aud not until
then, should he call upon the executive of the
state. The governor of the state has the power
vided in the law, "to aid the civil
authorities to enforce the law The
sheriff must FIRST exhaust that power
upon the executive, and ii the executive power
Is exhausted, then 70 call upon the president of
the United States. When the state executive
aid comes to the sheriff, that military power il
under the sherifFs commands. subject to his
and only his orders and directions. Section Is,
article J., constitution, requires the military to
be in strict subordinatioD to the civil power. 1t
10 only in case of instruction or invasion that
the civil power does not predominant, and there
Is no contention in this case, but on the con-
trary 1t Is conceded. and such il the fact, that
neither insurrection nor invasion exists, and,
therefore, the military Is simply here acting a
posse comitatus, aiding the sheriff in preserving
and protecting property and hfe-not as po-
Under the affidavits that are before us, leaving
aside the facts a. presented by the affidavits
IAA A~fr~ &a1.~ 49, L. al IT,
filed in support Of the complaint, which COM
plant was filed in this court over . month ago,
we find that today different state OF facts
was filed and when the affidavits were made TO
support the motion and to resist the motion,
this armed body OF men, who had no legal
do not find 1t a. fact) that force was
used to meet force. Be that as Ii may,
since then the executive of this state, in
has sent the military to aid the sheriff. And
the sheriff 10 required by his excellency the gov
ernor to disarm all of the men; we have the
have complied with that order and have sur
rendered their arms; that, a. far as they are
concerned, they are not armed The prayer OF
the complaint 10 that an Injunction be issued
requiring them to dissrm. That having been
done, our injunction would be useless-it would
be a farce. The time is too dangerous. that is to
say, misstep on the part of the court might re-
suit in very grave results-lives have already
been sacrificed, innocent blood has been shed,
human beings sent 10 their Maker unprspared.
Our duty Is to prevent the adding of fuel to the
fame. The plaintiffs say they will abide by any
order made by this court They made that de-
claration, not today, but q month ago, when
they filed their complaint. We believe they are
sincere in making that declaration. The de-
PENDANTS, under the testimony, having dis
armed, that which we would command in an
injunction has already been done.
There is one aspect of this case that We are
very much inclined to grant. That is an iniunc-
ton as to the defendant NJ. C. Sullivan, who by
his own statement belongs in another state, and
whose business it 10 to employ armed bodies OF
men, to assist, as he terms IL, peace officers
But believing that all parties at the mines are
acting in good faith, we would be
adding fuel, and we deem 1t duty
for the present to refuse the injunction
with leave to the parties to leave this complaint
on file, and at any time on ten hours notice to
renew the application, If necessary. We thus
act because we believe all that Is asked for Is
practically being done by the peace officer OF this
county. Acting in good faith by all parties will
be the best proof that they are law-abiding,
loyal citizens.