Commonwealth ex rel. Wadsworth v. Shortall

Citations

• 206 Pa. 165
• 55 A. 952
• 1903 Pa. LEXIS 669

Syllabus

<p>Martial law — Government—Mots—Order of governor.</p> <p>Martial law exists wherever the military arm of the government is called into service to suppress disorder, and restore the public peace.</p> <p>Where the governor of the commonwealth issues a general order calling out the militia for the purpose of suppressing violence and maintaining public peace in a district affected by a strike, such an order is a declaration of qualified martial law, in the affected district. It is qualified in that it is put in force only as to the preservation of the public peace and order, and not for the ascertainment or vindication of private rights, or the other ordinary functions of government. For these the courts and other agencies of the law are still open. But within its necessary field, and for the accomplishment of its intended purpose, it is martial law with all its powers.</p> <p>The resort to the military arm of the government by such an order means that the ordinary civil officers to preserve order are subordinated, and the rule of force under military methods is substituted to whatever extent may be necessary in the discretion of the military commander.</p> <p>The effect of martial law is to put into operation the powers and methods vested in the commanding officer by military law. So far as his powers for the preservation of order and security of life and property are concerned there is no limit but the necessities and exigency of the situation. And in this respect there is no difference between a public war and domestic insurrection. What has been called the paramount law of self-defense, common to all countries, has established the rule that whatever force is necessary is also lawful.</p> <p>While the military are in active service in the suppression of disorder and violence, their rights and obligations as soldiers must be judged by the standard of actual war.</p> <p>A soldier is bound to obey an order given by his superior officer which does not expressly and cle