The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1889-01-09
THF ENTERPRISE WEDNESDAY. JANUARY q 1889

more raids. whippings, tnreatenings, intimidA.
tiuns, terrorizing, or other violation OF law OF
any kind whatsoever by said ORGANIZATION OF
the members thereof, acting either togetner or
separately; and we further agree that Il tnis
stipulation on our part be violated By any mem
bers OF said organization, who may refuse 70 DO
controlled by US. we will. In such event, do oil
In our power 10 give Information and TO aid the
oficers OF the law In bringing them 70 justice.
ITO oil who In good faith sign and keep tho
above agreement, the State hereby promises
immunity from further proceedings against
them"
In pursuance Of this agreement, the organiEa-
ton has been permanently disbanded, and tne
State has been put in possession OF all the eyi.
dence necessary TO secure convictions snould
there be ally necessity TO resortto the courts
The men who have signed this agreement are
sufficiently responsible In charac err and imam
cially, 70 make their guarantee that us k,rms
VIII be observed perfectly satisfactory. Their
names are withheld only because mating them
public is not calculated TO promote the pubic
good.
For some time after the whipping OF Berkes
there appeared from time To time newspaper
| accounts OF other whippings by VIII Caps.
| but there was no truth In any OF them. since
| the Berkes incident there has been no whlp,
| Plug, no raid, and no threatening OF any KIND
| by the White Caps or anv member OF the or
| ganizBtion At various places throughout the
| State there have appeared what are popularity
styled white Cap notices" but In every In
| stance whore they have been traced 70 their
| or'gin-and in almost every instance this has
| been done--they have been found 10 have been
| the work OF either practical lokers or evil
| minded persons acting upon their individual ro.
| sponsib lity. without connection with any klnu
OF an organization, society or order, VINO nad y
sumed the name OF White Caps only Tor the
purpose OF sAel:ering themselves from liability
| for their ofenses.
The criminal law applicable 10 such cases
| should be amended. UDder the law, as II now
exists. n grand Jury Can lot indct for crime e.
cent in the county where the crime Is alleged
10 have been committed. Neither can the ac-
| cused be prosecuted except in the county Whefe
indicted, or an adjoining county SO FAR as u 9
constitutional provision on the subject IS con.
cerned there might be either an indictment OF
trial In any county OF the judicial district,
without regard TO whether II was adjoining 9
county where the crime was committed or not.
The limitation OF the statute is wise ana lusl
one In all ordinary cases. but experience Win
the Paulding County Reservoir matter and
with the Brown County White Caps has taugnl
that instances may arise where prosecutions
conld hardly be made successful with these I'm
itations in force. The law should be SO amendeo
as To give the right 10 the State 70 institute
| criminal prosecution and conduct II 10 the close
| in any county OF the judicial district In whicf
the offense Is committed, against parties wht
maliciously destroy the States property o
band themselves together for the purpose o
violating the law. in such numbers as 10 max
II impracticable TO indct and prosecute tho'n
the county where they commit their onenses,
The exercise OF this right might be protectet
from abuse II limited to cases where so oru re- T
by the Supreme Court upon application OF IN
| Attorney General. II Is fair to assume Una
the Attorney General would not ask for such a
order or, II he did, that the Supreme Cour
would not grant II unless upon satsiactor
evidence that II was necessary TO secure an
serve the ends OF justice As the law nov
stands IL has been demonstrated that partie
may form organizations OF such large memoei
ship, and so permeating oil ranks OF society'thn
in the event OF onenses against the laws con
Initted by them IL is impossible 10 secure eithe
On Indictment or a conviction, and that IN nls
manner they may with impunity destroy tn
property OF the State. Consciousness OF I'M
, fact encourages the commission of such onensel
Another dlfnculty encountered In dealing VII
this matter should be mentioned. IL arose froi
| a lack Of FUNDS at the command OF the Cove
| nor with which 70 pay the expenses OF the y
vestigaton, and other expenses necessary J
. | be incurred IL Is embarrassing, as well as pa
I policy, that he should be required, when SUI
! | denly confronted by such emergencies 70 MI
I detectives or incur other expenses on credit (
4 | advance the money out OF his own pocket. II
) should be provided with funds 70 meet sut
cases u Is not probable that the State VI
ever have a Governor who would abuse D
priyiieRe II he should be provided with co
tingent fund, 70 be expended by him IN pena
Q OF the State on account OF all such matters
Z such mqnner as his judgment and discreue
may approve.
GovERNoRs RESIDENCE.
2 The Governor should be provided residenc
Aside from the inconvenience resulting iro
. having no axed home for the Executive. IL
! sometimes dinicult 70 find for rent suitan
I, houee The property ! now oc upy Is ",
!, located. commodlous, well finished. and w
4 adapted generally 70 the purpose, l nave
= short q time 70 remain thai feel free, rs o
: having no personal interest TO recommend
: purchase. provided. OF course, that u San
!, bought at fair price. II is so desirably locat
= ! that II can be sold no doubt, without trouble
y loss should the State any time In the future
!. sire 10 build an executive mansion, or for oth
- eason wish 20 dispose OF H.
Respectfully submitted,
J. d. FORAKER, Governor