Q. And the civil authorities are not relieved from any responsibility after that just because the military are present?
A. I do not think so. I do not think that the laws relieved them. They relieved themselves.
By Mr. Lindsey:
Q. I understood you to say you have never found it necessary to fall back upon that act of 1864—the particular section that authorizes the commander-in-chief to call out troops—I think it is the ninety-second section?
A. At Susquehanna Depot the sheriff was active all the time, and there was no conflict. In fact, we never had a conflict before. We ordered the troops to Luzerne county again the next year—they were sent there upon the call of the sheriff. He was not very active. I finally told him to come to my office, and we consulted as to the necessity of withdrawing the troops, and we both decided that it was not the time to withdraw the troops. He would not take the entire responsibility, but I divided it with him. That was the nearest to taking the supreme control before. I considered the July riots of such a magnitude and so wide spread over the State—railroad communication stopped—the highways of the State obstructed—that it was necessary to exercise the authority given by the act of 1864. Although the troops went to Pittsburgh on the call of the sheriff, and to Luzerne on the call of the mayor of Scranton and the mayor of Wilkes-Barre, after they got on the spot, it was necessary, I think, to assume general control.
By Senator Yutzy:
Q. Under the act of 1864, you have the authority or the power to call out the military whenever you get information from any source that there is a disturbance of the peace that cannot be quelled by the civil authorities without being called on, or request made by the sheriff or mayor or other civil authority?
A. That is my construction of it. I am quite sure that that was the intention of the act, when it was passed.
Q. We are required to examine, and inquire into the conduct of the military during the riot—will you please give us a statement of their conduct—of the militia.
A. I think that would be simply expressing an opinion which the committee is called upon to do after investigating the facts. I have investigated the facts, and give my opinion in my message. You can take that as my evidence.