The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-19
TEXAS WANTS nIEUE RUBorroN.
Gov. snyers to Appeal to tho President In
tho Fort Ringgold Riot Case.

AUSTIN. Tex. Dec. 1S.-The question whether
the State courts have jurisdiction In tho case
OF Lieut.. Rubottom and the non conn isslone ed
officers ut Fort Rinagold. who participated in
the recent fight between negro soldiers at the
fort and citizens OF Rio Grande City. Tex. has
been the subject of spirited correspondence
between Gen. McKibben. commander OF the
Texas Military Department. and Gov. Saycrs OF
Texas. Gov. Sayers desires that Lieut.. Rubot-
tom and the non-commissionedo officers should
be tried by the state courts and Gen. McKibben
refuses to allow them to be arrested. Gov.
sayers announces that he will appeal to Presi-
dent Mckinley. Gen. McKibbcn sent the fol-
lowing telegram to the Governor.
Il am informed that the State court intends
70 issue warrants for the arrest OF Lieut.. Ru-
bottom and oil the non-commissionsd officers
at Fort Ringgold for occurrences which took
place on the reservation. This the military
authorities cannot permit as II would destroy
all control over troops Mt tho post. l fear that
the civil authorities are taxing this action
tional friction at this post"
Gov. Sayers to-day sent a reply to Gen. McKlb-
ben's telegram in which he said:
have assumed II position that Is in my judg
ment altogether untenable and widely Ut vari-
tice ' in such circumstances. From the very
foundation OF the Government whose commis-
sion you bear. the military has bern he'll 10 bs
subordinate to the civil authorities in the time
OF peace. From this well-settled policy you
now propose to depart by not permitting the
arrest OF certain officers In your command
when duly and regularly charged In n
court OF competent jurisdiction with the
violation OF the crimlna law OF this State.
II the troops at Fort RnEgold cannot be con-
trolled should judicial investigation be had.
j respectfully submit the sooner those troops
be discharged the better II will be Tor the ser
vice. However. were I to venture an express
sion OF opinion | would say that the late
troubles at that post were In no small measure
duo to the incompetency OF the officer in COM
mani.
After much research I have been entirely
unable to md any statute. Fede Tal or State.
which In time of peace affords an officer or
soldier Of the army immunity from arrest and
trial BY tho civil authorities when duly and
regularly charged before the proper tribunal
with the commission OF a feIonlous ofTcnse
Surely by no fiction OF the imagination can the
hostilitles now existing betwser the United
States the people OF the Philippines be so
construed as TO embrace the territory In and
around Fort Ringgold and thus relieve you OF
the performance OF the duty so directly i'm
posed by the Fifty-ninth Article OF War. Re
garlinR this matter Of very grave importance.
and as one about which there should be no
contention. l shall refer this CORES non ience
10 the President that he may take such action
in the premises as he may deem advisable.
The Attorney General OF the State to-day
rendered an OPINION In which he holds that
tho State court has jurisdiction.