The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-02-13

Were this all the law upon this s ,he Gov
ernor would have the authority within ms ms
discretion to call out the troops 70 a!u ao ,ne
civil officers in preserving inc p9 nntoher H.
sec. of the act approved Cctopti ~ ~
1885, (see Georgia laws OF l9S4- o. pagff t 49,,
provides that whenever any 3aosfI ,a ri Or nr
superior court, city court Judge, sllelil ",
mayor OF any Incorporated CITY, Town or
village in this state shall nave reasQilapie e
cause to apprehend the outbreak Oh any
riot rout, tumult, insurrecuon, mon OF
combination to oppose the enforce 11,n t "a
jurisdiction in which such officer IS by law
CONSERVATION of the peace MnIGn can nre
and peace officers, it Shall forthwith be
come the duty of such judge, sherlH or
mayor to report the Iacts ana cir r( IL
stances, in writing, to the governor an9 re-
volunteer forces of TINS state as may pe
necessary to enforce the laws and preserve
duty of the governor, if he deem such ap-
prehenSon well founded, to order out Or
direct TO be held in read ness such portion on
may deem advisable for the proper enforce
ment of the law. and he may dlrect the
| officer in command of the troops TO report
| to the officer making such application or
any or more Of them and to obey the
orders OF such civil officer. or, II the gov
| ernor deem it advisable, may specially m
| troops as to the duties required of them
| and direct their execution under the imme-
date control Of the ssoyeInor. and d;racts
| officers therein named 10 order out such
| portion of the volunteer forces OF me sta z!
| as he may deem advisable to and the clYil
! officers in the proper enforcement of the
| law. Certainly no one can doubt that the
! prevention Of a crime IS ! proper enforce
| ment of the law.
"under this statute the governor may, in
/ his discretion, order out the troops Wheh-
ever he has been Informed by the proper
| officer that he has reason to apprehend the
| outbreak of any riot, rout, tunuIt, nsuf-
rection. mob or combination to oppose Inc
| enforcement of the laws by force or Vio-
| lence, ETC. which cannot he eflectually pre-
| vented by the ordinary posse comiJatus ana
peace officers.
1T win he seen from the wording of the
! statute that it is not necessary TO wait until
| the actual outbreak has occurred. nor until
| the civil officers have tested their strength,
| son to apprehead outbreak. This
! Threatened outbreak may be a riot. rout or
Plot is defined as follows: If any two
or more persons. either with or without
| common cause of quarrel, do an unlawful
act Of violence, or any other act III q Ylo-
| shall be guilty OF q riot: Code. sec. 1914.
! " 'Rout is to assemble in CIamorous and
! tumultuous crowd -Webster. In criminal
! law rout generally agrees in all particulars
Win a .ot except that 1t may De COZ "a
| intended enterprise BouVier's Law Dlctlon-
.'rumult is The 'commotion, disturbance
! or agitation of a multitude, usually &C
companied WITH great noise. -WebSter.
50 that it is in The discretion OF the gov
ernOr to ORDER out the troops Wncn any OF
ihe oincer5 uesSnaoeq INFORM MN ma +, ne
nag ittSou 70 !eii 'lit oL'aN -, a. AZ
STAT VI d ttiiiu+t, l. e.. tue W" -
| t,I p,tilce q d -lluiIiIuue' accompanied ~
si.e lot,G 81, r., tas .ooeo,, to fe,r that
MANI 1ar ~lT Yin assemhle in a clamorous
| ana tli1nuif1i@us croyyd where two or more
! persons. with or without a common cause
| of quarrel, may dc an unlawful act OF VO-
/ lence. or any other act in Il violent and tu-
! multuous manner.
1T certainly is not necessary to seriously
consider this question further. All the Yio-
! fence which could be inflicted on the body
! Of another above the belt by an arm and
! body previously trained 10 acquire force
/ and strength IS contemplated, desired ana
tlteIhpteQ with the assistance Oh seconds
noLuehoidefS, tlnekeepefS ana referee, IN
me pTesence OF a muICt4de, many OF whom whom
! d4upliesS nave money sldheu On the result
o. ne contest, anu Some Oh Whoill, al ledSt
! upnoL ol'ST. We me quiet ana uecoIul OIL d
cltatch dSSeulplase. ~, s.4 -
:; AS 10 "neiher me cTcu1hst an nee
tn me otl ~ o. %l9 + otneI
pes or olIcidi Were SuilIcieIIt =" Justly
~, tG 20 NeI4 i peIh cIot35q MN me Us
,,rI+ j., % Ioit,, -. @ i,,ii,. y, ID :, -
n I IN so d0lns IS conclNslye, ana; IN me
80 % I,l7L - o2t ~ ' il9 W
',,i, W VIVIAN =" 'ii ti,y 5s T,1iio
~ ~, - ~ ' t ne 'iGe, m
/ ~ ~, :. -. III j roirsi,, az. -,