Birmingham age-herald., 1895-01-25
KoLB's LATEST.
Sends Message to the State Legis- lature Asking for Law to
 Punish Usurpers.

Capt. k. F. Kolb has written another message to the legislature, in which he urges the enactment of a law to punish usufp CTS. He signs himself as governor. The message was made public yesterday and reads as follows:
 Gentlemen Of the Senate and House of Rep
 resentatiyes:
 There is a consciousness of obloquy att tached at this time to the unsettled conflict of title to the exalted office of chief ezsecu- tive of our beloved state, in which every informed and honest mind must partiei- pate. It is by sufferance of patient peo- ple only that forms Of legality are given to your proceedings. So far as in me lie aI am resolved that, in the futura az in the past, until the fact of law and order is re- established, shall permit no timely against the iguominy of the present situa- tion.
 It is incumbent upon the general assem- bly to take into account that in time Of profound peace it became necessary for my rival claipiant to the office of governor to seize the treasury and the militia to enable him to assume the duties of the office. This precaution was instigated by the ad- mitted fact that brave and honest mlnor- ity of the people believe he is a usurper by the bare fact that he was not elected.
 am still deprived by the seizure of the purse and sword ot the state on the part of a usurper of the benefit of the full func- tions of my office. But congratulate you that the people are not only willing, but anxious and determined that you shall have their countenance in such Legislation as may be opportune and wise to restore tue elective methods of the constitution to their full enjoyment. You cannot deny, gentlemen, that ultimate anarchy Is the only alternative to the continued suppress sion of the constitutional safeguards thrown around the franchise in Alabama. This is a brave and noble aud happy people, slow to precipitate discord, but no man doubts the spirit which controls them when, in their judgment, the time 10 declare and defend their liberties is at hand.
 Failure on your part to make operative the constitution in Gll its provisions for au election Of governor and other slate ofh- cers will bring the merited contempt of tue people. It may be said that contest law applying 10 tue present conflicting claims to the offic. of governor would psrtake of the character of an ex post facto enact- ment. The suggestion is manifestly un- timely. The right of contest existed In the constitution itself when the candidates for governor and other state officers were put forward by their respective political parties and supporters. This right IS a feature of the elective system and does but terminate the methods of election put In motion at the polls. This. is the view taken in several similar cases to our own
  see in the contest, Turney vs. Evans, now pending.
 All precedent establishes your duty to make operative the constitution in author ity when the election of 1894 for governor and other state officers transpired. There can be no escape In honor from that pal pa ble and weighty duty on the part ot this now-living general assembly. It will not do 10 trust to the spiritless motives of the people to paliate neglect of so paramount legislation.
 1 desire to express my cordial approba ton Of any sufficient statute which will punish usurpers of office in this state. When the system established in the or. ganic law to secure fair elections shall have been executed in all its provisions and the result ascertained the usurper should receive no quarter. This rule should apply to all elective offices, and when usurping governors or legislators become amenable 10 it the revenge of an, outraged state should be realized S
 R. F. KoLB, Governor.
 Montgomery, Ala. Jan. 24, 1895,