The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-09-15

\ bearing on the subject. which I nm
I derstand Major Werner is about 20
I write Ioe. l shall take the matter up
/ oihcialy with Major Price" the May
/ or continued.
AT one time 10 looked
as II warrant for Harry Meredith.
I OF zoos East Marshall Street. whom
/ Mounted Policeman Granville w
| Thurman detected i'm the act OF firing
a musket from a street car. was inevi-
table. but ii later developed that the
police would proceed under the city
ordinance and that the offender would
be reported.
Pursuant to this latest determine
ton. suggested by Chief Of Police
Louis Werner. a summons was imme-
diately issued and may be served at
any minute.
Plan Decided On.
The plan determined upon Is to
bring the matter into the Police Court.
where will be tested the relative ju-
risdiction Of the militia and the city.
On every hand the escapade OF the
soldiers is being bitterly censured and
denounced. AS indicated in the inter-
morning. Major Werner took the
matter up by letter. with the execu-
tive, who, In turn, will bring the mat
ter to the attention OF Major Price.
The latter is commander OF the
First Battalion Of the First Regiment.
ing on the subject says, in effect, that
member of the militia shall not be
arrested on any process Issued by or
from any civil officer or court, except
in cases of felony or breach OF the
peace while going to, remaining at or
returning from any place at which he
may be required to attend for mill
tary duties.
Policeman Thurman contends that
ne was entirely within his rights when
ne demanded of officers Of the COM
pany TO which Private Meredith is at
tached that he thurman be allow
ed to place the soldier under arrest
This request was refused. Captain
Stack and Lieutenant Kindervater, II
is understood. informed the policeman
that the law forbade the arrest of a
soldier while on duty unless a felony
had been committed.
In Suhstantiation OF his contention
that he was within his jurisdiction in
demanding the surrender Of Private
Merehth, Policeman Thurman calls
attention to section 355 OF the State
Code, which specifically states that a
member Of the militia may be taken
into custody by civil officer, wheth-
er In uniform not provided a
breach of the peace has been per-
petrated.
The police assert that the indis-
crlminate firing on the public streets
by the soldiers constitutes a breach OF
the peace, upholding the officer in his
contention.
1t is more than probable that the
virginia Railway and Power Company
will also take official cognizance of
the matter. although this cannot be
stated as certainty at this time.
When seen by a representative of
The Journal this morning. an Off
cial of the street railway would not
speak authoritatiVely. He would not
say. though, that his company would
not take some action in the premises
Policeman Thurman this morning
TOOK the matter up with the Adju-
tan Generals office and was advised
TO swear out a warrant for Private
Merediths arrest. This the officer
was on the eve of doing. in fact. short
ly before this procedure was aban-
doned for the other One-that of sum-
monlng the soldier for violation of
city ordinance-the officer remarked
to representative OF this paper that
You may state that a warrant will be
served by noon today"
BY his alleged indiscretion. Pri-
vate Meredith may have subjected
himself TO a fine of $50. This. it is
understood. is the maximum penalty
The extent of the fine. however. is
wholly discretionary with the police
justice, if he gets jurisdiction of the
matter.
Section 355. Of the State Code. bear
mo person belonging to the mill
tary forces shall be arrested on any
process issued by or from any civil
officer or court. except in cases of fell
ony or breach Of the peace while GO
ing tc. remaining at. or returning
from any place at which he may be
required 10 attend for military du-
ties"
Major Lawrence c. Price, COM
mander of the First Battalion, First
Zoo r1n.a "a d
would do all within his power TO see
that the men guilty were properly
punished according to military law.
They Will be cour~ martialed." he
said, and courts martial have the
same powers as civil courts in times
punishment. They can fine or inn
prison and in this case l have no
doubt that the men will receive ade-
quate punishment"
Major Price said that during the
sham battle of yesterday the heat be
came almost unbearable, and when il
was over, those In charge of the ceIe-
bratiOn Invited the men TO have some
cold beer.
While he did not usuaiiy permit men
IN UNIFORM 10 drink under the circum-
stances he allowed ID. He did not think
theE would have time to drink more
than a glass or two, but several of the
men who were almost exhausted re-
quired attention, and this delayed call
ing all the men together.
In the meantime, ne added. some of
the men must have drunk sufficient TO
affect them, the shooting being the con-
sequence.
Even the Regulars Do 1t.
II IS almost impossible" he said, ito
keep men under constant discipline In
several encampmentS l have attended
/ nave found that regulars, after night
taIl, hre blank cartridges in company
streets more frequently than the mill
tia"
"Of course" he continued. Il strongly
dlsapprovs of what the men did and
VIII take Whatever steps / can to have
them punished. but, Is for the course of
the omcers who refused to allow the
policemen 10 arrest them, l approve of
it.
1T could have been done in a more
conservative manner, perhaps, as there
were several hundred people around the
armory, but the officers acted altogeth-
er within their rights. The police have
no authority to arrest a soldier in uni
form. while on military duty. and If the
police arrest them afterward. while in
clVlllan clothes, for an offense com
mttted while in uniform. they are re-
CURED to turn the men over 10 the mill
tary authorities"
Major Price said he would begin TO
work upon the matter tonight.
Il have not the power to order a
court-martial," he said: II can only re-
quest and recommend such course"
The request must first go to Colo
mel w. j. Perry, commander Of the