| Show SOLDIER AND ap CIVIL AUTHORITY OUR read tead readers Vs are aware alvare that there was recently a scrimmage between en riotous soldiers and three policemen who attempted to arrest them that there was some pretty qa sphere ere 1 fighting that two of the soldiers were arrested after being badly beaten while the others escaped some of them beaning bearing 0 plain marks of also aiso that the arrested soldiers have been turned over without punishment td 0 o tile tiie military authorities but the 1 1 11 pauses dauses that led to the action by the civil authorities in to disorderly soldiers and the course pursued by the tho military authorities in this matter are not gene genc generally rally raily understood and therefore require some among civilized nations the principle ze is almost universally Ac knowl ged that in time of peace at least th the e military are arc subject to the civil po powers vers soldiers who break the laws are liable to civil uvil punishment if a soldier commits murder or highway robbery or burglary burglar y or any other offense against the life ilfe ton ion o property of a littzen cit ne should of right be amenable to the laws which are made for the protection of citizens if the offense offence Is committed in time of war the soldier accused of the crime may consistently be retained by his co commanding m manding officer for military instead of civil trial and pun aliment on the ground that his bis services are needed alid that charges against troops in active service must not deprive the country of any ilay of its defenders fenders who are subject to military rules and should bel bei tried by court martial and if convicted punished according to the articles of war and these provide that the punishment shall not be less than the punishment provided for the like offense by the laws of the state territory or district in which such offense may have been committed in time of peace however there is no why the soldier wh who a breaks the civil law should not be amenable to tb the civil law and this as we under stand it is the principle sustained in ih the laws of the united states rela reia relating tint to the military the fifty ninth article of war provides Z when any officer or soldier Is accused of a capital crime or of any offense against the person or pro property erty i vf of any citizen of any of the yn united itea states which Is punishable by byth the laws elaw of the land the commanding officer and the olli officers cers of the regiment regimen t troop battery company or detachment to ellch the person so accused belo beio belongs belonga sare fare are required except in time of war upon application duly made by or in behalf of the party injured to use their utmost endeavors to deliver him over to the civil bivil magistrate and to aid the efm emm meers leers of justice in apprehending and securing him in order bobring to bring him t to 0 trial if upon such aepli application cation catlon any officer refuses refuses or wilif willfully ully ally neglects except in time of war to deliver over such accused person to the civil magistrates orto or to aid ald the officers of him he shall be dismissed irom the service this rule prevailed in this city up to the year 1883 when a conflict was brought about between tie the tle civil and military authorities by similar influences to those now exerted for the same end soldiers would come down into the city ty and commit depredations and andi when the police attempted to discharge charge their duty would unite to maltreat and resist the as toes cape arrest arnest and ano manifest their hatred pt the civil authorities it became necessary to meet violence with violence r and aud some of the boys in blue were hurt in fights with the police A soldier was arrested and the commanding officer was induced to sue out a writ of habeas corpus the soldier was brought before the supreme court of the ie territory gitry ri try and that court construed tho the phrase the laws of the land in the above article of war notto not nol to include municipal ordinances it was de nned filled as meaning the laws of congress and of a sta state to or territory an ordinance of a city not zein rein being in the same category the court urther further ot ruled that it if a soldier pas sas was vas held in confinement by the city authorities if it became necessary to eff effect act his release his comman commanding ng ab officer would be justified in u using S ng force after that ruling it was thought prudent to establish a provost guard in the city and whenever solders soldiers became lawless to turn them over to the military authorities instead of trying them by the civil law latterly mow maw V u ever the police have no not h en interfered with by the commanding at fort douglas in arresting and nd punishing 11 a disorderly sold lera iera erts eris udder tio vie or ordinances mances dances of the ohp city but in the case casa of and sheridan the awo two teo aeo soldiers beaten and arrested dy by the police although the cit cli charges arges against them were fully fulci sustained by the thu ovi evidence dence of a num berof citizens whose character stands cupini peach beached pe ached edthe the question of was sprung by mr air their attorney thi P ruling of tho tho the S eine ei irti irli keing being cited tr ir y V 8 U s the e city attorney attorney objected that the tile defendants could coul not thus take advantage of that ruling and antl defy the laws and only the military authorities could demand the release of the prisoners one rs that they might beturne be turned dove dore over to their superior officers for fon trial and punishment the follo following lying vying com oom mun muni cation leation was then received i eort FORT doloras doc Dou orAs etau etah august 4 I 1 1881 I 1 J to the justice of 0 the police court salt lake city udah utah fetah SIR I 1 have the lionor honor to st that the case of salt lake city vs sergeant ancl ana private sheridan of this command be abandoned and their bondsmen released from for their appearance before your court in this connection I 1 be beg leave to say that I 1 desire to coo cooperate co o operate rate nate with the police force foice of salt laki lake laie lale so far as to bo secure the arrest and restraint of enlisted men of this command but inasmuch as the responsibility tor lor their pui puy punishment kiSh ment for of off menses fences en enes cs against the city ordinances rests upon lime ilme me I 1 must request that you yott notify me of tho the arrest of any members of this command with names of witnesses so bo us t to enable me to proceed against them according cordin to lo jaw aw nl very ery respectfully M MCI mcd McCoo mccooty tf breve bread mal maj gen U S A Command commanding ln moved mosed for lor the discharge of the prisoner sas under the ruling of the supreme court referred to the military authorities had jurisdiction when they demanded the persons of military offenders the prisoners were then given up to th the eort eFort douglas authorities ties an and will have to tor be tried by military rules the fifty fourth article ot at war provides every officer commanding ill in quarters garrison or on ithe e march shall ke keep p good order orae r and to the utmost of his power redress all abuses abases or disorders which may be committed by any ally officer or soldier under his command and if upon compla compia nt made to him of officers or soldiers beating or otherwise ill treating any person di disturbing g fairs or markets or committing an any y kind of riot to the disquieting of the citizens of the united states he ha refuses or omits to se see gee e justice done to the offender and reparation made to the panty panny injured so far as part of the offenders pay shall go toward such reparation he shall be disi dismissed eissed from the service cor eor or otherwise punished as a court martial may direct tl the putter now stands thus the police can arrest and re retrain restrain diford erly sol soi soldiers diers but for their trial and punishment they must be turned over i to the military tary authorities who viii will propped to the investigation of the cha charges preferred against them theiu just as though L nis his was a time of war instead of a period of peace it Is not worth while juist lust now perhaps to comment upon the technical word straining that excludes municipal ordinances from the la lays laws Vs of theland the land in the meaning of the articles ot at war but it does seem a i big stretch of language against the peace and good order of the city it is claimed that the police nial mal treated the captured soldiers sold lers att alt alter e r arrest that is also denied but the rights of prisoners ought tu to be beres res pecked pec ted whether they oe ne soldiers or citizens and at the same time the omm off leens officers must be sustained in the discharge of at their onerous duties an in officer has the file right to use usg necessary force in the arrest and retention lon ion of an offender against the peace and dignity of the city but not to use unnecessary force at any time and when the prisoner Is safe in custody the officer must not only refrain retrain from force but protect the prisoner from violence the police must be calef careful al to keep i within the law they are exposed to much violence to many taunts and great abuse but bux but it is expected thac they will not break over the bounds of law no matter what may be the provocation at the same time no ble bie person who has any regard for right will uphold the blackguard blac the bully and the brute in assaults upon the preservers of the peace nor expect those officers to submit tamely to the violence of the lawless anaf an af ficen who is to make maky an arrest is expected to accomplish his borg wore work and if resistance Is ig offered nedis neels figr is not required to td retire with agra a graceful cef ul bow an and d let his prisoner decamp but to bring him in at all hazards those who encourage the lawless element in this city to resist the police and are doing all they can to breaw break down police authority ought to be left to the effects of their vile teachings a prey to the violent and the vIct victims ilis lins of and riot they might then learn leam better sense ard and be be giad riad of a vigilant and determined constabulary twe will not sustain any officer in n I 1 abuse of a prisoner or exee exec excess ss of duty in any particular autive but we hope that all law abiding c citizens will oppose the efforts made made bya by a few 4 plots 1 ottto to justify lustily the plug plue ualies and truls ersan ersla maltreating mal mai treating irce irav anid annd to bring about civic and military i 1 n i |
