Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-23
WHAT A RIOT Is,

Three or More People Required to Make
One-The Law of the Subject.
What constitutes riot in the view of the law
is question Of some interest on account of re-
cent occurrences. Mr.. ID. 7. Pierce, IT,. who
has studied the law of the subject gave the re-
suits Of his researches to q STAR reporter as
follows:
In the colonies rioting was punished BY
common law, by fine and Imprisonment, and, if
judged sufficiently serious, by the plllory. But
these penalties, being found insufficient, stat
utory provisions were early made for their
suppression. The first English statute formed
for this purpose was 81 Edward LII, which
gave justices Of the peace verv extensive
authority in these cases and visited the offense
with severe punishment. The statute George
1, commonly called the "riot act" made it a
capital felony for persons riotously assembled
to the number Of twelve or more to continue
SO assembled one hour after proclamation had
been issued by justice of the peace ordering
them to dispense, thus leaving the offense, if
committed by moro than three less than
twelve persons, punishable by fine or imprison-
ment only, but il by twelve or more by death
Subsequent statutes made other specific offenses
felonious, such as demolishing any house or
building or any machinery mandatory. A
rio. is in law disturbance Of peace By three or
more persons who have assembled of their own
authority for the purpose Of assisting each
other in the execution OF some private enter
prise and in resisting any authority which may
oppose their proceedings.
According to the best authorities il is wholly
immaterial whether the act is lawful or not, for
il is not the net, but the manner in which il is
done, which constitutes the offense. Two per-
sons may form q conspiracy, but II requires
three or more to make Q riot.
A decision Of an English court declared the
finding of jury void when out Of an indict-
ment Of three men for rioting only one was
found gritty, because one man could not make
o riot.
Women may be tried for rioting, and, in fact.
any one who has reached the age of fourteen
years. In every riot there must be such cir
cumstances Of actual force and violence or ap-
parent tendency thereto, though ii il not neces-
sary that positive violence should have been
committed. The violence must also be in some
measure premeditated, for il it arise from come
cause calculated to produce il it is an ''sfray."
II three or more persons lawfully assembled
quarrel among themselves IL IL an "affray," but
II they attack q stranger IL immediately be-
comeSan unlawful assemblage and Il Q not in
. riot and joining therein, though such partici-
patton was not premeditated Is held liable %
principal with the rest. The melting OF per-
sons TO assemble in riotous manner h also in
dictable, - are principals In the second degree
and accessories before the fact. The law does
notallow individuals TO seek redress for private
grievances by violent disturbances Of the public
peace, though in some cases the justice Of the
quarrel In which they were engaged has acted
- mitigation of tbs o6ense. The statutory
provisions Of the United States respecting riots
follow In great measure those Of England, bus
are milder IN their punishments and more
qualified in their applicstien- Some good au-
thorities on this subject are B1ackueone Conn.
4-l4s; Comyns' Digest, Roscoe, cxin. ".