The times. [volume] (Richmond, Va.) 1890-1903, 1895-12-19
upon the trial sustained them in their

a military guard Tho prisoners will be I'm
imminent dagger OF violence. and thoukh
as tho Executive I am commanded by
the Constitution 10 take care that the
laws be faithfully executed, ana maze
cosnmandes-iu-cnicf OF the land aud naval
forces OF the state. and empowered 10
embody the militia to repel invasion, sup
press Instruction. and enforce the due
execution of the laws, / entertain doubts
az 10 my authority TO send "A military
guard with these prisoners unless the
same is called FOR By the sheriff who
will have them In charge.
THE GOVERNORS POWER.
Section al Of the Code Of 1887 Is in these
words: Power Of Governor to call out
militia-If any combination. whether for
dismembering the State or establishing
In any part Of it a separate government.
or for any other purpose, shall become
so powerful as to obstruct, in any part
Of this state, the due execution Of the
laws thereof. in the ordinary course OF
proceeding, the Governor may call forth
the militia, or any part thereof, TO sup
press such combination.
/ cannot declare that ] believe there is
| now a combination, which means an as
ISOLATION league, coalition, or conspira-
| cy. TO do violence TO the prisoners. and,
therefore. II is doubtful whether 1 have
authority 10 order ont the miiitgry under
this section. do believe. however. that
the state OF feeling is such that
! "a combination or -onspi'a"y may lie
formed speedily at any time for me
purpose indicated.
Section 36s. of the Code OF 1887, is in
these words. How Troops Called out IN
Time Of Danger case OF any breach
Of the peace. tumult, riot. or re-
sistance Of law, or imminent danger
thereof II shall be lawful for the sheriff
Of any county. or the Mayor Of any
/ city to call upon the Governor for aid,
ana in case where the emergency is such
( as not to admit OF this delay, upon the
| commandant Of any division brigade,
regiment or company.
The sheriff refuses 10 act under this
section. and In the absence OF a 1all Tor
troops from him, j cannot take stch
stems as think necessary TO protect the
prisoners. preserve the peace, ana main
tain the law.
Being powerless in the emergency
/ which confronts mean emergency which
may arise at any time i'm the future-I
respectfully recommend mat Section IN,
| above quoted be amended and re-enacted
; 80 that the whole section, when so amend
| ed. will read as follows.
| III any combination, whether for dis
Numbering the State, or establishing IN
any part Of it a separate government, or
| for any other purpose, shall become so
powerful as 10 ohstruct I'm any part OF
/ the state the due execution Of the laws
thereof. i'm the ordinary course of pro-
/ reedlne. or II there shall he any breaches
of the peace tumult, riot, or resistance
of law. or imminent danger thereof, the
| Governor may call forth the militia or
/ any part thereof. to suppress such eomoi-
nations. prevent breaches Of the peace,
! suppress tumun. riot or resistance ol
| law. and guard against danger thereof
LAW IN OTHER STATES.
The Codes Of New York. Pennsylvania.
Ohio. Indiana, and Louisiana, ana per-
| haps the States generally, give the power
! herein recommended 10 the Governor
and the importance OF the amendment
suggested TO Section 2ll Of our Code, II
/ seems 10 me. will strike every member or
your honorable body. As the law
/ stands now. the sheriff of a county, or
Mayor Of a city only can call into SER
! vice the military in eases of breaches
| of the peace, tumults, riots or resist
/ aucos of law. or imminent danger there
! u. The Executive has no such power.
Was il intended by the lawmakers 10
subordinate the power of the Governor
! 10 the will. caprice, or neglect OF duty
OF the sheriff. Suppose there is riot
or imminent danger thereof, and the
| sheriff or Mayor is in sympathy with the
{ rioters. or is inundated by them, or
! capturod 10y them, and will not or cannot
call for troops. or suppose his Juds-
/ uont is at fault. or he is incredulous ana
refuses TO recognize the fact that there
/ is danger, must the Governor charged 10
take care that the laws DE faithfully exc
cutcd. stand with his hands tied. and
dumb? Such surely never was the in
s tentiOn of the Legislature. IL might ne
asked why has this question never
arisen before? The answer IS because
no Executive. so far as ! am informed,
was ever confronted with an embarrass-
ment like that which now conironts
/ me. and yet as ] have stated, II is an
emergency which may arise at any time
/ in the future.
] now respectfully submit this matter
10 your consideration. If, I'm your 1ude-
mont. the power now possessed only 10y
shcriffs of counties and mayors Of cities
/ should not be entrusted TO the Executive
as well. and that these prisoners should
/ be returned to the county Of Lunenpuif'
/ i'm the face Of all the facts stated with
out "a military guard. / shall OF COURSE
| cheerfuliv acquicsce. feeling that l nave
discharged my duty so the prisoners, and
i'm presenting an amendment to our
statute which 7 believed TO he essential
to Tho wol-boing of the Commonwealth
the suppression Of disorder the preserVa-
ton of the peace, and the maintenance
T Of the law.
Inasmuch as these prisoners will most
/ likely bc removed within the next few
days. I respectfully ask your honorable
body to take immediate action in TINS
/ matter