The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-07
4 POINT TO BE CLEARED Up.


( The First Virginia Regiment in moving for a
speedy agreement with the civil authorities III
connection with the rowdy conduct of members
of the command is to be- commended, it seems
unfortunate that there should yet remain the
question of authority between military and civil
officials 10 deal with possible similar occurrences,
In agreeing to produce suspected soldiers before
The Police Justice upon the understanding that
the latter viii then remand the prisoners for
speedy trial by the military, the military, it
seems to us, merely bows politely to the city Of
ficials while still insisting upon the city's want
of jurisdiction to preserve the peace, so far as
members Of the military are concerned, if it
happen that such breach of the peace and disor-
der shall occur when such members even
Technically ION duty" Occurrences of 50
hagrant nature as indiseriminate firing of
weapons along a crowded public street Of
nature to call for a quicker and more positive
treatment than seems to be possible under form
OF criminal jurisdiction Of militia organization
in time of peace The blue coats are always on
duty. Their business is to preserve order. The
military puts and takes off authority with It's
uniforms TO insist upon a construction giving
J 1t sole jurisdiction in a of this character
looks 10 us a straining after an unreasonable au-
thority.
Under the statute upon which the officers who
refused TO surrender offending soldiers to the
police rely, it is provided that the militia shall
be free from arrest by the civil authority while
actually or constructively duty, except in cases
4 involving felony breach of the peace. The
evident spirit of this statute is to protect the
militanan during his tour Of duty from arrest
upon charge already laid and made the subject
of warrant. In such case the provision is reason
able. 1t does not square with the intent Of the
statute, however, TO suppose that the protection
avais where the soldier, duty but out of ranks,
commits an act for which police ordinarily
would be justified in making arrest without "a
warrant Under such a construc ion, soldiers in
attendance on a public occasion but at liberty
would be absolutely free to do practically any
thing short OF murder assault without inter
ference from civil authority. The bare sugges-
ton of such state of affairs is sufficient to in
dicate the want of reason in the contention. But
even under the technical provisions of the statute,
h IL would seem that act such indiscriminate
and repeated firing Of guns on the public streets
is, by virtue Of its necessary effect of disor-
ganizing business, terrorizing pedestrians and
creating general panic, snch b,each of the
peace, as would give the police jurisdiction to
act. Such action is sufficient to justify arrest,
even in the absence Of statute or ordinance, IN
accordance with the duty Of the civil authorities
to preserve the peace. Any other construction
would appear 10 be strained, unnatural, and dan
1 gerous.
In this matter The Firgt,,ian recognizes The
want of intent in the mihtiamen concerned 1t
Is able 10 understand that the spirit of the oc-
casion that of holiday; that the young men
concerned were "out for a lark" and that GER
tain punishment ought 10 be, these facts should
Il properly be considered in arriving at a proper
judgment. But the serious side of the incident
is the possible precedent it may set. In view
Y of that precedent. it is to be regretted that the
treatment of the case does not TO contemplate
full and thorough legal determination of the
rights of the military and the rights of the civil
authorities under similar circumstances.
Y GROWTH OF SOUTH'S COTTON EMPIRE
s The report cotton conditions by II. G. Hes
ter, of the New Orleans cotton exchange shows
gratifying results, notwithstanding the sharp and
& continuing depression III milling circles and the
Reorganization of the trade in cotton manu-
features. The value of the Southern cotton
& crop itself for the past reached the high
water mark Of S7Ts, 894 ,000 not including seed
values, which bring the total value Of the raw
Z product close TO the billion mark The present
range of prices, following season of short crops
. during which the surplus supply of previous
seasons was largely consumed indicates that
With larger production shown for this season, the
phenomenal values quoted will be materially in
creased. It remains only for an active market
for cotton goods market that cannot much
B longer be4delayed- for new of prosperity
10 BE- realized IN cotton circles in the South gen.
lEallz.