Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-24
Colonel STERN QUOTES THE LAW.
The Military Called Out In Regular Or
der-GeneraI Anderson's Action.

Colonel 10 Lane Stern, Assistant Inspec-
tor General Of Virginia. was found in his
law office yesterday afternoon hard at
work having returned the night before
from Farmville. where he stopped 10 mus
ter in new military company on his way
back from Roanoke He was asked II
he would state his views about the occur
rences at Roanoke and replied: We'll
you know II is not proper or good dis
cipline for those Of us in the service to
talk as freely as citizens outside. We may
be called upon officially in some way con-
nected with the matter, and II would be
ont Of order TO condemn or approve the
actions Of others i'm the service unless
directed by our superiors 20 do so, ana
presume II the civil authorities do not
settle the matter satisfactorily TO the
military there will be court OF inquiry
ordered by our supcriors.'
What is the oath the officers ana mtn
Of the military take?'
1T is found in section l6S OF the Code:
I declare myself a citizen Of the Common
wealth Of Virginia. and do solemnly swear
that / will support and maintain the con-
stitution and laws of the United states
and the Constitution and laws OF the
State of Virginia; that | recognize ana
accept the civil and political equality OF
all men before the law, and that ! VIII
faithfully perform the duty Of member
of the Virginia volunteer militia 10 the
hest of my ability That is the oath
taken by all State officers, substituting
the name Of the officer in place or the
words. Member of the Virginia Nolun-
teer Militia The mayors OF cities take
the same oath
HOW THE MILITIA Is CALLED OUT.
what is the law regulating the calling
ort Of the militia
at Is found in section 1868 OF the code:
in case Of any breach Of the peace. tn
multi. riot or resistance OF law or imril-
nent danger thereof, II shall be lawful
for the sheriff Of any county or the mayor
Of any city TO call upon the governor for
| aid. and in cases where the emergency
! &c such as not 10 admit Of this delay.
upon the commandant OF any DIVISION
| brigade, regiment or company ana II
| shall be the duty Of the commanding CT
| Ocar Of the division, brigade, regiment
or company upon whom such call ~
made. 20 order out in aid OF the civil au-
| thorities the military force or any pert
| thereof under his command etc. the
call is 20 be in writing and signed by
the sheriff or mayor and attested by two
! witnesses The call at Roanoke was
properly made and attested. | was IN
! formed by an officer who saw ii. The
same section continues: Such troops
shall appear at the time and place Hp-
pointed armed. equipped and with am
! munition, and shall obey and execute surh
orders as they may then and there re-
ceive according to law
| Sec. 1863: THE commanding officer OF
troops so called upon shall be subject 10
the orders and direction OF the civil Of
ficer regarding his aid etc"
In addition TO this. section 81 provides
for court-martialing an officer for neglect
| ing TO comply with any OF the require
| ments Of that chapter
Section 303 provides that the Virginia
volunteers shall be governed by the
articles Of war which shall be in force
! for the government of the army OF
| the United States" The Sind article or
| war provides for Furnishing by court
martial of officers and men guilty OF
neglect, &c. Section 3O6 provides that the
Virginia Volunteers shall be governed and
disciplined as the army Of the United
States. The very first article in the army
discipline is: Interiors are required TO
obey strictly and TO execute promptly
the lawful orders of the superiors APP
pointed over them"
1t seems that the soldiers are hedged
in completely by the law. said the Dis
patch man.
Yes. replied Colonel Stern. there IL no
honorable escape for an officer or soldier
when called upon in this State. He mus,
obey orders or disgrace himself and his
uniform.
THE ORDER TO FIRE.
| Gould you find out whether the mob
| or the soldiers fired first?''
There were conflicting statements as TO
this. / was at Pulaski when the firing
took place, but reached Roanoke at mid
night | was assured that the firing was
! commenced by the mob, but some men
stated that the soldiers fired first, when
the breaking in OF the windows was
| begun by the mob. | saw the marks Of
many bullets on the west wall of the
mayors office fired by the mob outside.
| That is the side on which the window was
broken in and on which is the door that
1 leads through the mayors office into the
| Jail. The mayors Office Is In front OF the
| Jail facing north, under the same roof.
/ The whole OF the western side OF the build
/ ing faces large vacant lot. perhaps an
acre, and in this lot large part of the
| mob was gathered. A squad OF about
| eight men were In front OF the Office on
| the street with the mayor. The evidence,
! IL is claimed. Is overwhelming that the
| crowd was warned not TO advance or
| they would be fired upon. The company
| at Roanoke mustered only thirty-seven
| men at inspection the night before the
| trouble. and only about twenty or twenty
five OF them were on duty at the JAIL
GENERAL ANDERsoNs ACTION
what do you understand Is the mean
| ing OF the alleged criticism OF General
| Anderson In regard 10 the action taken
| by him concerning the trouble In Roam
| okeg'
81 have heard nothing OF the Sort ard
| was amazed when / saw II In one OF the
papers; and In his absence. where he Is
| doubtless doing good work. there should
be no criticism Of him. He has been