The State Must Pay the Men It Called to Put Down the King County Riots
The Washington Supreme Court unanimously ruled that Gov. Ferry's National Guard troops were in state service during the King County riots—and that the state, not the soldiers, must bear the cost.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
A UNANIMOUS DECISION.
At every stage of the trouble between the rioters of King County and the military, the Tribune held that the national guard companies were called out by Governor Ferry, were in the service of the state, and the members should be paid by the state. The governor, who is looked upon as a good lawyer, contended that he did not order out the troops. His positive statement, together with his admitted legal lore, had influence with the other two members of the military auditing board, Messrs. Reed and O'Brien, in their refusal to audit the bills of expenses incurred. The supreme court has unanimously decided that the governor was wrong; that the military was conducting the business of the state and the state must pay the men for that service. Such appears to have been the general opinion of the press throughout Washington. Col. Haines is shown to have handled both the troops and the law points in this case in an admirable manner, and the supreme court having decided adversely to the governor and his colleagues on the auditing board, the soldiers will at least get their money for arduous services performed. They ought to receive it before Christmas.
“The supreme court has unanimously decided that the governor was wrong; that the military was conducting the business of the state and the state must pay the men for that service.”
Who pays when the state calls out troops has remained a live question from the militia era to modern emergency deployments. The 1891 ruling established that service to the state comes with a state obligation—a principle that still shapes public payroll and duty.
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