The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-07-09
POWER OF MILITARY
Able Opinion Of Col Anderson Bear.
ing on the Manchester Killing.

ing on the MancheSter kiliing,
The most interesting feature OF the
strike situation in Manchester will be
the coroner's inquiry into the shooting Of
the hearing In the case OF Mr. o. l.
Toney, who was arrested by soldiers on
the charge Of refusing to move.
There has been much comment upon
IN the shooting referred to. Many per-
cons have expressed themselves ia the
effect that the soldiers exceeded their
authority, while Others say that nothing
else could have been done under the
In view OF this. The Ti1nes-Dspatch
has received from Colonel George Wayne
Anderson his opinion on the subject,
which is M e fH1l9Ys; RIGHTS.
when the civil authorities call upon
the military to protect life and property
and to maintain peace and order N
community, It legally admits and est az
fishes the fact that civil power Is un,
equal to secure these fundamental and
primary objects Of government It com
riands In the manner PRESCRIBED Dy law
the ultimate exertion OF me SOY soved danlsy
and exercise OF the last and highest evi-
dence OF its sovereign POWER. ,,,,.,,,,,,
''The armed forces OF the State law,ultty y
assembled and legally comm al nh iacts
Tor which governments are estaolisne "a
constitute then the last expression ana !l1.
the last evidence Of the soy,ere'sh p co.
niete overthrow Of such forces the stale a.,
Is at an end. and the successful revo.u ut
tionarv power supplants the govsrhnl'e
which has failed to h ma'n a,,cb armed force
IL lawfully assembled for the purp:ssss
named ordinary legal and civil methons
must be. so far as that force Is con- ,ad
eerned in measure IRE. sh he,npllthat Is to
say, during the term OF service OF me
troons that have been ordered into ser.
vice In the manner prescribed by law. ana a
to the extent that necessity aosolut Z;
charge the duties for which the law has
assembled them and fulfill the oollsa-
tIons that the law has Imposed upon
them. Although martial law In the sense
Of the irresponsible VIII OF me h, Geal vet
of necessity a state of semi-insurrectioni Is
presumed and legally established by the
mere fact that the military power OF the
State has been legally called into the
field, a.
1T follows as consequence that the
m ,litarv power SO called into active duty
cannot be prevented from dlscharging the
duties imposed upon 1t BY the law. ana
for the discharge OF which the law has
Commanded its presence: nor can the
Integrity or efficiency OF the troops SO
called upon be dsintegrated. Impaired
or destroyed by ordinary civil processes
during the tour OF actlye duty, when
Such processes as result In such disinte-
grafton. i'm Impairment or destruction of the
Integrity and efficiency OF the troops must
necessarily await the termination OF the
tour OF active duty 10 Whlch tHe Ia"
calls the troops
Were It otherwise, the law would Inn
pcse a duty OF the highest degree and
demand its execution under severe PEN
alties yet at the same time itself prevent
the discharge thereof
manifestation OF the sovereign power OF
the Commonwealth to meet conditions be-
fore which ordinary legal and civil ngen-
cies are powerless., only to permit such
to strike down the very power to which
appeal was made for help.
Troops legally employed on active
duty, therefore, cannot be amenable while
command their presence elsewhere than
at the point to which they have been
la wfully ordered. nor can they while so
engaged be subject TO warrants of arrest
or confinement issued by the ordinary
civil authorities for acts committed in
the discharge OF such duty.
ELISE by subpoenas to serve as wit
nesses or warrants for arrest, commit
ment and trial, the force called upon to
SO represent the sovereignty OF the State
Could be utterly disintegrated and dis
jonted and the whole command trans
ferred from the scene OF duty to remote
ana widely scattered sections of the
State.
"The power to so overthrow and bring
TO naught the military power of the State
would be vested In the hands OF the
hunbsst masistrdats nds whether tha Ignorant
or IND by misuse er o such
processes could paralyze the arm OF the
State"