CHAPTER V. SUPPRESSION OF RIOTS. § 723. Power of sheriff in overcoming resistance. § 724. Officer to certify to court the name of resisters, etc. $ 725. Governor to order out military to aid in executing process. § 726. Magistrates and officers to command rioters to disperse. § 727. To arrest rioters if they do not disperse. § 728. Officers who may order out the military. 729. Commanding officer and troops to obey the order. $730. Armed force to obey orders of whom. § 731. Conduct of the troops. § 732. Governor may declare a county in a state of insurrection. § 733. May revoke the proclamation. 723. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. Authority to arrest.-The magistrate may not only arrest offenders, but he may authorize others to make the arrest, and may summon all citizens present to come to his aid-4 Pa. L. J. 31; 3 Barn. & Adol. 947; 5 Car. & P. 254; 9 id. 431; and to refuse to aid an officer in trying to suppress a riot, is an offense-1 Bay, 316; see 9 Mo. 268; Addis. 277; 1 Car. & M. 314. It is the duty of every citizen to endeavor to suppress a riot, and the law will protect them in so doing-1 Yeates, 419; see 3 Pa. L. J; 345; 4 id. 31. A constable is bound to use his best endeavors to suppress an affray-4 Car. & P. 387; 6 id. 741; Ryan & M. 132; but he cannot arrest for an affray not done in his presence, without a warrant -same cases. A private person is not justified in arresting an affrayer, unless the affray is still continuing, or is about being renewed-10 Clark & F. 28; S. C. 1 Lead. C. C. 177. Any person may suppress an affray, but he cannot of his own authority arrest after the affray is over -11 Johns. 486. An officer may call on persons to aid him in the execution of his duties-1 Bay. 316; 1 Harg. U. S. Reg. 263; 1 Yeates, 419; 5 Whart. 437: Car. & M. 314. Peace officers-see post, § 877. See ante, § 697, subd. 3; §§ 701, 720. 724. The officer must certify to the court from which the process issued, the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of court. 725. If it appears to the governor that the civil power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficient, or the whole, if necessary, of the organized National Guard or enrolled militia of the State, to proceed to the assistance of the sheriff. 726. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the State, immediately to disperse. See ante, § 697, subd. 3. 727. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present, or within the county. See ante, § 723, and note. 728. When there is an unlawful or riotous assembly with the intent to commit a felony, or to offer violence to person or property, or to resist by force the laws of the State or of the United States, and the fact is made known to the governor, by any justice of the Supreme Court, or the judge of the Superior Court, or sheriff of the county, or the mayor or chief of police of a city, or the president of the board of supervisors of the cities and counties of Sacramento and San Francisco, the governor may issue an order directed to the commanding officer of a division or brigade of the organized National Guard, or enrolled militia of the State, to order his command, or such part thereof as may be necessary, into active service, and to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws. [In effect April 12th, 1880.] Governor may call out militia to execute laws, suppress insurrec tion, and repel invasion-Const. Cal. art, viii, § 1. 729. The organized National Guard or enrolled militia, or such portion thereof as shall be called into active service, as provided in section seven hundred and twentyeight, must appear at the time and place appointed, fully armed and equipped, and with not less than forty rounds of ball cartridge to each man, if infantry or cavalry, and with not less than twenty rounds of grape, canister, or round shot, if artillery. 730. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, as provided in section seven hundred and thirty-one, it must obey the orders in relation thereto of such civil officer. 731. Whenever any portion of the National Guard, or enrolled militia, shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this State or of the United States, it shall be competent for the commander-in-chief, or for the general acting in his stead, to place such troops under the temporary direction of the mayor of any city, or of the president of the board of supervisors of the cities and counties of Sacramento and San Francisco, or the person acting in that capacity, of the sheriff of any county, or of any marshal of the United States; and if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon any mob or body of persons assembled to break or resist the laws, such civil officer shall give a written order to that effect to the superior officer present in command of such troops, who will at once proceed to carry out the order, and shall direct the firing and attack to cease only when such mob or unlawful assembly shall have been dispersed, or when ordered to do so by the proper civil authority. No officer who has been called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or unlawful assemblage, under penalty of being cashiered by sentence of a court-martial; provided, that nothing in this section shall be construed as prohibiting any such troops from firing or charging upon such mob or assembly without the orders of such civil officers, in case they shall first be attacked or fired upon, or forcibly resisted in discharge of their duty. When the commander-in-chief, or general acting in his stead, shall call troops into active service for the purposes mentioned in this section, and shall not place them under the temporary direction of any civil officer, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly. Governor as commander-in-chief of militia-Const. Cal. art. v, § 5. 732. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted, and has not been sufficient to enable the officers having the process to execute it, he may, on the application of the officer, or of the district attorney, or judge of a Superior Court of the county, by proclamation, published in such papers as he may direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of the organized National Guard, or volunteer uniformed companies, or other militia of the State, as he deems necessary, to serve for such term and under the command of such officer as he may direct. [In effect April 12th, 1880.] 733. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or ́ declare that it shall cease at the time and in the manner directed by him. See Const. Cal. art. v, § 5. |