The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-27
THE GOVERNORS POSITION.
He Defends His Course in Reference
to Emporia Affair.

co EIInDOEiu .ahdiis
Governor Tyler gave to the press yes
terday a statement in reply to the Times
editorial criticism of his course In re1e-
renee to the trouble at Emporla:
He said criticism however severe and
unjust, do not hurt when mans con-
science tells him he did his duty. u can
hardly think" he continued, that the
editor of The Times meant to. be unklnd
when he put me in the unfa'r and I'M
lust light ne did before the country. Sup
pose Major Cutchins had remained at
Emporia after the Sheriff had dismissed
him, with the approval of the Judge ana
a gathering of over. twenty OF the leaalng
citizens of the town, and a conflict mao
arisen between his men and citizens, ana
lives had been sacrificed, on whose hands
would their blood have been? If he had
any authority for staying there, or II l
had any authority to order him, under
the circumsta to stay, l have not
seen the law, unless 1t IS found in
general way in the Constitution, or in
section oil of the Code, and these con-
flicts directly with sections 1858 and Sb9,
which are the specific laws authorizing
the use of troops and telling how 1t is 70
be done, and under which l acted l
might, under section I'll and the general
provisions of the Constitution, have
tirely and declared martial law, but
would any sane man say it would have
been right with the lights then before me?
Section 211 and the general provisions Of
the Constitution clearly intend that the
power for calling out troops by the Gov
ernor shallS only be exercised when the
mob shall become so powerful that the
civil authorities cannot control it. Ihls
was clearly not the case in this instance,
;,,r1 20 20
mob had been dispersed and the situation,
it was declared, could be controlled by
the civilian guards. This is shown by
the following kilograms:
Emporia, March %, 1900, 1852 P. NJ.
Governor Tyler, Richmond, Va:
Have arranged to dispense mob and
troops ITO leave for home at once, and
every thing quiet. and prisoners will be
guarded by citizens.
w. SAMUEL GOODWIN, Judge.
Emporla. March %, 1860, 10 P. N.
Governor ]. Hoge Tyler, Richmond, Va. !:
Agitation subsidins. Sheriff does not
desire any other troops.
SOL CUTCHINs, Major.
AT 11:10 Major Cutchins wired
twenty-five deputies sworn in and
troops relieved from duty. Railroad #
fee here closed Can you arrange for our
transportation?
SOL. CUTCHINS, Major
After this the only telegrans I received
were two from Major Cutchins at $50 and
2 "A. NJ, telling me trouble was brewing
and asking for more troops In obed ence
to these kilograms I had company sum
aloned and started for Emroria. 1mne-
diately after their departure received
the following telegram from Major
ECutchins:
Emporia, Va, March 81 1900.
Governor J. Hoge Tyler, Richmond, Va:
Hold company at Armory. Everything
quiet this morning. We will soon be dis
charged. Without protection the prisoner
will be lynched tonight. Shall obey
Sheriff's orders and leave?
Ell SOL CUTCHINS-
'.rhis was the only information had,
and it specifically stated everything was
quiet. and tina t the soldiers would be dis
missed. Even he only anticipa ted trouble
at night, which I expected to meet by
sending company back if occasion would
require.
AS TO NrARTIAL Law.
Would any fair-minded man contend,
with these lights before me, tina !. could
have proclaimed martial law. and de-