The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-09

sons, or where such other persons may be peac-
ably ssssmbied, and disturb or snn0y such per-
sons by loud or unusual shouting, the dlscnarg,
Ing OF firearms, or by creating any unusual
noise which 10 calculated or Intended 10 annoy
or IN any way or manner disturb the inmates Oh
said residence o. said persons so pesceaoly as
scmbied, they shail be deemed guilty OF mis-.
demeanor, and upon conviction thereof De fined
not less than SO nor more than 800 eacn, or De
Imprisoned In the county. jail rot Tess than
twenty days nor more than one yeal, or oosn
fined and imprisoned.
have no doubt that company Is an EARNED
force" within the meaning OF section $50, and
may be called upon by the civil authorities men,
toned in that section whenever II becomes nec-
esssry to do so. That provision OF the law
clearly contemplates that when so called into
the service, the armed force therein referred to
acts In strict subordination TO the civil power, 10
governed entirely by It, and differs from any
other portion of sherif's posse only In the
fact that IL is organized and uniformly armed.
While acting under such circumstances the
militia are under the command OF the civil
authorities who alone have power to
determine when the necessity for
their further action az an armed
force is at an end, and when this determination
Is reached by the civil authorities their power
and duty in the premises cease. careful per-
usal OF all the communications made by his ex-
celiency, the governor, IN relation to this mat
ter leads me to the conclusion that they were
capacity as eommander-in-chief OF the militia OF
the state, but as assurances to the subordinate
officers in command of this regiment that their
action in responding to the call of the sheriff
would not be regarded as any violation OF mill
tary discipline.
We now reach an inquiry as to what political
organization Is responsible for the expenses in
Cured by the calling out of tho militia under
the foregoing circumstances. An examination
OF the provisions of section 81, above, shows
that the commander-in-chief, who in this case
is governor, Is alone authorized to order COM
panies, battalions. regiments or brigades OF the
National Guard or militia force OF the state "tno
the service Of the state" Section 26 provides the
compensation of militia "whea ordered into the
service Of the state" section AZ provides for the
creation of q special military fund and particu-
larry provides that the expenses authorized by
the provisions of that act shall be
paid only from that special fund. The
foregoing considerations lead to the
conclusion: First that the militia engaged in
the suppression of the disorders OF King county
were not "ordered into the service OF the state
within the meaning OF the acts referred to;
second. that while assisting the sheriff to sup
press such disorders they constituted q part OF
the sheriff's posse; third that the expenses in
Cured thereby must be met in the same manner
and from the same funds that the expenses OF
any other part OF a sheriffs posse so engaged
are met / have the honor to be very respect
fully yours, W. C. JONES, Attorney General.