The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-05-13
TROUBLES OF THE TRAIL.
AN APPEAL TO THE GOVERNOR.
South Texas Cattle Can be Driven to the
Panhandle, but the State Military
WIN Not be Used Until
Civil Process. Fails.

AUSTIN, May l2.-[special.l I'm re-
Spouse to q telegram from Capt. Nc
hurry, asking if he shall furnish pro-
lection to Joe Collins, who has southern
cattle at Harold to be driven TO Dsllam
county for the Capital Land and Cattle
company, the adjutsnt-general to-day,
after consulting with the governor, sent
| the following:
Austin, Texas, May l2-To Capt. c. A. Nc
| hurry, Wichita Falls, Texas;
| SIR:-The absence of the governor
| caused short delay 10 response TO
your telegram of the 9Th instant, but /
am now prepared to say that the in
formation conveyed in said telegram is
not sufficiently full nor of nature to
warrant instant and active interference
by the military power Of the state in the
manner indicated. The statement by a
Mr.. Collins that some namsless and
unknown person, claiming to represent
the Panhandle Stock association, had
notified him (Collins4 not 10 attempt to
4 drive stock from Harold TO
the county of Dallam, as It
woulS not be allowed, is a very slim
foundation, II literally true, upon which
10 rest call upon the state for instant
= military interference. If Mr.. Collins 10
in the discharge OF his duty in a legiti-
mate business and by lawful methods
he has the right, if illegally interfered
with, TO call upon the local civil author
ities for aid or redress, and in the event
Of their inability to furnish the protec-
ton, they (the civil suthorities) can
readily and lawfully summon to their
assistance III IL military power ofthe state.
= The governor can not and will not run
the risk OF possible wrong, doing and q
dangerous violation of the constitution
ana the law by evading or permitting
the military power of the state 10 be
. used ut the call OF any and every pri-
yate individual and ell sorts Of hntici-
pated contingencies, even though said
contingencies may appear somewhat
alarming at first view. Where courts
are held and juries arc to be had, and
the usual peace officers of counties are
to be found, il is assumed that the civil
2 power can be and should be first in-
! voked, and If this should prove made
quate for the moment, then the
inilitsrY power Of the state
can be safely and lawfully brought into
action, II Is beyond tho physical power
J OF the state, and would be a dangerous
} stretch Of legal authority, to undertake
, to furnish military force 10 escort
every drove Of cattle that may ask an
outlet from Southern Texas into or be.
= yOnd the Panhandle, and while the
, governor is fully alive 10 the important
issue involved in the alleged unlawful
assumption of authority by the North.
: west Texas stockmen to prevent
! Southern Texas cattle from coming
into or passing through the Pam
handle, he cannot undertake
impossible aud unlawful measures in
= the absence Of proper action on the part
I Otthose who are concerned in driying
cattle into said region. Ii the north
west Texas cattlemen are acting within
/ the pale OF the law, those IRON southern
Texas must aOide the results, and II they
are not proceeding lawfully the interest
involved and the numbers of stoCkmen
from southern Texas are surely suffi.
GENTLY important aud large TO indicate
the propriety aud necessity for com
3 bined, open and lawful proceedings
rather than wild and reckless individ.
ual action. This course will put the
= question upon proper basis and thsn
! II anybody or any corporation as umes
e. TO violate the law, or to bend the law To
suit themselves, the governor will have
a foundation upon which To rest what
: ever executive action may become
= necessary or may be war; anted by the
facts. If the authorities in your section
should call for the services Of your com.
pany in the settlement of this question
D you will respond promptly, but you
must act strictly within the law.
Vary rpapapftu1lv