Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-03-23

Que Que, state shall be discharged from all
''fl or criminal liability therefor
- our own State We have similar
~ {, ~ ana II Is provided in r. s. Chap
- 49, H. that IF. III the efforts made
- aforesaid To SUPPRESS such assembly
h"'t 10 arrest ana secure tue persons com
i''Nf'S " VINO refuse to uisp,rSc ;lthol1eh
Ky Huhnef remaining is less than twelve
ON as - persons or any persons pres
'n' a. spectators or otherwise. are killed
or wounded, said magistrates officers
~ f'' SONS acting with them by their
"i"1iS Sntll be held GuitIess and justified
~ - out II any person assisting in
'''t suppression of such riot is killed or
Wnuhdc'l, al persons 50 uulavfully as
H'ihl'it" ana All persons who have refused
N!i'i required To aid the magistrates and
oi''tiN "htlI be anSWorablc therefor. All
| thtSc statutes must he taken as simply
Il declaration of what must he the com
mon law, and no doubt our courts would
mona the Same doctrine rs II part of our
referred to.
,.' on the thor hand if any person law
/ iuilN employed iii the suppression of a
riot should purpoaelN shoot a person not
engaged III any way in the riot such an
act would be simply murder. or IT, while
hilf'ilihS through tho street a bNstander
Shouid ~" deliberately shot because of
contrmptupuS words toward the military.
| Surh IN act would I've uniustifiablo ANA
Woui" render the person doing it amen
an.r To inc AW. both civil ana criminal.
Th"s" sam" principles must he held to
apply also tn the ,lrSirut non of property.
II necessary for the SUI nTcr&ion of a riot
property may he DESTROYED: but if done
"ant"nlN or for revenge upon The owner,
II cannot he Justified.
Between these limits many cases may
| afl~r. ANA no one can pretend to state
| hem all. Each viii depend ON the facts
ANA circumstances surrounding it. but
/ the courts and juricS of our state viii he
,ii44tpN ...it
with an honest desire To do the right
thing. and viii give fun benefit to the
| tact chat at such a time mon must act
ana act promptly, and of necessity must
| act Under great excitement and under
great proVocation; aud they cannot fully
dppfrrai" tn" danger in which they
stand aud may 90 farther than might
aIterWard appear necessary.
The general rule of proceeding with
, troops employed in ease of riots has been
| stated by the author from which before
quoted to be this: First - present
themselves forthwith at the front with
such an appearance and manifestation of
arms. discipline and Hut horitN. as to
"NrrdWc and restrain the laWl"sS assem-
/ hlAG" before them: second if overt acts
of Ninlenc" and obstruction are persisted
in. to disperSe tn" actors with tn" haYo-
net, third to fire upon them. where the
haNonct proves Intellectual"
This statement seems to be- sound ana
should lac remembered in every case. and
TN" taking Of life should always bc avoid
I'd if possible
The question is sometimes asked: Is il
better to use blank cartridges at first?
II is very certain that n mob which viii
not b" dispersed by either Of ;hr first
. mel hpdS stated, VIII not flee at he dis
charge of blank cartridges. | have never
believed in their use on any occasion. az
rept for Salute@. ID seems as though
soldier should be taught never ia fire his
rifle unless it WIS loaded with something
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