The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-03
Governor Brsdley's Statement In Defense
Of Ills Course.
SAYS NEWSPAPERS MAGNIFlED MATTERS
Clay County Feud shows a vitintcd
Public Sentiment aud a Failure of
of Authorities to DO Duty.


advising as to my duties regarding the
Clay county matter and denou1ctIg oI
criticising me for failing 10 do what they
advised. 1t is suggested b. some tha
martial law be declared. by others that
at once arrest and have the violators o.
the law tried and summarily punished, etc
Tho trouble In Clay county, while bad
enough. has been magnified by newspaper
correspondents. Burch Stores, Fills How
ard, George Baker, VIII White, John
Baker, Frank Clark and Tom Baker, seven
in number, have been killed in a period
OF something more than year. The
slayers OF all these men have been indicted
except these of John Baker. Frank C'ak
and Tom Baker James Howard, who
killed George Baker. obtained change OF
venue to Laurel, where he was convicted
and subsequently, the verdict set aside.
Tom Baker, on change of venue, was con-
victed OF killing White the court of APP
peals reversed the judgment and he was
subsequently bailed out on order OF Judge
Lincoln. The slayers of Buroh Stores and
Wills Howard were indicted and obtained
the cases are now pending, except that
against Tom Baker, who was killed shortly
after the order OF change Of venue was
taken. So that all these cases have been
acted OH, except the three named and every
sep taken that can be haa oy law.
II know nothing concerning the Killing
OF any Of these men, except rom BAKER.
Thai was INST cowardiy muraer. Tne
circuit court was then in session AMI about
10 soldiers present. No grand Jury Wa
impaneieu and the soldiers, wno were an
der the orders OF the Juuge, were or.ie. cd
to take the prisoners " Baeboursvllie 50
that in this instance heir presence dll
not affect anything, for whicn the governor
10 surely not responsible. TIE suge ~Stion
that / decla.., martial law is riGiculous.
The constitution Of Kentucky does no;
contain any law which can be suspended
except by the general assembly or undtr
lis auth rty.
AS 10 the suggestion that the governor
arrest, try and c-nvlct these men. the
wiseacres have probably forgotten that
the powers OF the governor are merely eX-
ecutivs and he can not try or pass sen ence
IN criminals This is purely the prerosa-
tive OF the judiciary,
1T has been suggested, however, that
the & werner should appoint circuit Judge
and commemorative attorney who would
lock after these cases. Unfortunately I r
these criticisms, the governor has no such
pswer. He can n0t--under the laws-ap-
point pro TEN commonweaiths attorney
under any state OF case and can not ap-
point judge unless the regular Judge is
absent, declines to preside, or Is sworn
CT the bench, and not even then, until the
clerk b Ids an election or certiiies TO him
that no one possessing the qualifications of
circuit judge was selected.
"But 1t is suggested that the governor
has failed to do anything sipce The send
ing OF troops at the time Tom Baker was
killed I; may be said In response the
troosp were then present and heir pres
ence ayalled nothing, either In preserving
Bakers life or arresting his murderers.
/ might send soldiers todly TO preserve
the peace but owing to the character of
the warfare there INDUCED il IL would be
next to impossible for them % 10 any
thing There are not enough members OF
the State guard in Kentucky to patrol
that county.
The presence of soldiers might prevent
pitched battles or fights by considerable
bodies OF men. but such conflicts are not
common and II such was contemplated they
would occur doubtless at some point dis
tant from the soldiers,
1T is contended bv some that the gov
ernor should interfere on account OF this
recent Philipot controversy. 1t has not
been a great while since four men We're
killed on the streets of Hot Springs. but
have never heard 1t suggested that the
governor OF Arkansas should send soldiers
to the city. In the case of the Philipot-
Griffin fight the officers of the law prompt
ly arrested the parties and soldiers were
not needed to make arrests.
But 1t is said that | might order every
body disarmed in Clay county The con-
stitution guarantees 10 the citizen the right
to bear arms openly and such persons
could not lawfully be disarmed unless en-
gagged in some act manifesting DISPOSE
tion to break the peace.
1.-THE whole family feud in Clay county
Is q vitiated public sentiment and failure
OF the civil authorities to do their duty.
The laws are insufficient to enable the
government to apply remedy. Such feuds
have been in progress more or less for
years and no governor OF the State has
ever been able to ouell them. They have
terminated only when their force was
spent by one side or the other being killed
or moving out of the country.
THE governor has taken every step ad-
yised by law and can do no more until
statutes are enacted increasing his au-
thority. He should be empowered in such
instances to appoint Judge and the Judge
to appoint commemorative attorney.
The Judge should be authorized to order the
sheriff during the sessions of the grand
jury and trial, II such Is held, in the coun-
ty, and for this purpose be vested with
the necessary authority to act. Instead OF
hamperIng the judge by making his right
to change the venue depend on the COM
monwealth's attorney he should be au-
thorized to act on his own motion. II 1t
should be found practicable to try the
cases In the county and troops should be
needed there or In any county to which
the venue was changed, they should be
furnished by the governor and placed
under control of the governor. The rule
that circuit court can be held In but one
county In the same district at the same
time should be abrogated and authority
given to hold as many courts in the same
district at the same time as the judges
may see ut.
There are other defects which might
be remedied and in this way full power
given to stamp out the evils.
ut may be asked wh1>.hen has not the
legislature been called In special session
Answer may be made that such step has
never been taken heretofore, but this is
not urged for failure to do the right
thing at one time does not excuse failure
70 do the right thing at another.
In my drst message To the general as
eembly attention was called to the mob
apirit abroad In the State and the legis
iature asked for An appropriate remedy,
hut that Recommendation was unheeded.
~ that ssseion special message was sent
70 the same body on the same subject,
i~n~~~a A A.. ~o,f1 "A .,-..s -.