The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-23
DUTY OF THE STATE.
King County Not Liable for
Militia Expenses.
STRICTLY A STATE Affair
Opinions of Legal and Military Author
tiles on the subject-why the
Militia Was Called Out.

The question as to whether the state Of wash
ington or King county is liable for the expendi-
lures incurred in calling out the militia in con-
nsctlon with the coal miners strike, has become
matter OF general discussion. From reports
wired from Olympia it seems that Adjutant-
General U Brien claims that King county should
oeIray ali expenses incurred, owing to the fact
that the militia was called out at the instance OF
the sheriff of that county, but other authorities,
both legal and military are strongly of the opin.
Ion that II Is state affair, and maintain that as
the militia Was called out by the governor in the
interest oil law and order for the prevention OF
crime, the state is liable for the costs.
Colonel J. c. Haines, commanding the First
reeiment OF Washington state guards, and the
oincer Immediately in command OF the militia
In the teid, said to q representative of the Posi-
INTELLIGENcER yesterday: "This whole trou BILE
Came about when certain parties at Gilman
threatened to drive the miners out of that place
ana compel them to quit work in the coal mines.
Manager Wilson, Of the Seattle Coal and Iron
company, which owns the Gilman mines, APP
pretended serious trouble and thinking that
nad the power TO call out the militia came to
me ana requested me to order out the First
Regiment The sheriff was not here at the time.
told Mr.. Wilson that had no power to order
out the troops. He then wanted to know IL l
would order them out If the sheriff requested it.
told him no that would not feel authorized
70 DO 80 unless the governor so ordered At his
request / telegraphed the governor to know
whether should comply with the sherif's re-
quest IL he asked the aid of the militia Gov
ernor Ferry promptly telegraphsd me that IL the
sheriff or any one authorized by the code should
order 1t TO call out one or more companies
under my command, enough to preserve the
peace.
ii supposed then that the only trouble would
be At Gilman, but when q request came from
lin fop r Enl %ka< md
he ordered two companies of militia to Frank
lin. Afterward, when there was more trouble
az Gilman, company was ordered there. Then
received Geographic orders from the governor
to assist the sheriff with any force in my CON-
mand in disarming bodies of men who were
unauthorized to carry weapons, and to use my
entire force if necessary.
"The sheriff subsequently requested that
troops be sent to Black Diamond and Newcastle,
as trouble existed at those places also. sent
troops there in accordance with this request
and the governors orders. The force in the
field consisted of six companies of infantry and
part of one troop of cavalry. OF these only
three companies were from King county. They
were all state troops engaged in the preserva-
ton Of peace in this county and it 10 the duty
OF the state to pay them.
"Twice in its history this county has called
for United States troops, and st one time an en-
tire regiment was CHARTERED here for two
months, at the time of the anti Chinese riots in
1885 and 1886, but the government paid the bill
and never thought OF asking the state or county
to pay it.
skiing county pays more militia tax than any
other county in the state and il entitled to mil
itary protection. The militia is not a posse
comitatus but 10 composed of soldiers serving
the state, the same as United States troops do
the government, except that they do not draw
regular pay from the state and are only called
-. 49, IT, TLo.% k~.~
in the service OF the state and in consequence
are employed by the state, and in my opinion
the state is responsible for the expenses of the
campaign.
.The adjutant general bases his opinion as to
the county's liability upon the fact that the or
ders calling out the militia did not come
through him. That Ia true, but the emergency
was such that there was no time for the orders
TO 60 through his Office. / did not interview
Governor Ferry, as has been stated, but simply
teiegraphed him to ascertain whether troops
should be called out at the request of the sheriff
Throughout these troubles Governor Ferry re-
spondsd promptly in every respect, which Ia
different from military affairs generally, but in
this case everything went to the governor direct
and not through any other official.
1.-TWO years ago two companies of militia were
ordered out by the sheriff and the expenses were
paid by the state. That was during the riot at
Newcastle. Troops were out two weeks at the
time OF the big tire. They were called for BY the
mayor but were paid for by the state, and see
no reason why the state should not pay the
expenses in this case. There were about $50 en-
listed men and about twenty-five officers in the
field for about two weeks on an average. The
pay of the officers was & per day and of the men
sl.50. This will make pay roll of about $3.50.
To this must be added 81 900 for transportation
Of troops, 500 for telegrsphng and about $500
for rations. There are also some other expenses
incurred. / had TO buy large number of
blankets which were needed by the troops, and
! expect to be reimbursed by the state"
Colonel E. NJ Carr, assistant adjutant general
of the state militia, when questioned on this
subject said: $50 far as understand the situ-
alton, if the militia was ordered out by the gov
ernor think the state is liable and should pay
the expenses incurred"
This matter is receiving considerable atten-
ton both in and out of military circles, and
may yet lead to some very interesting results.