The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1900-02-09
InCOntestabIe Facts.
From the Louisville courIer.JournaI.

Ihtre has been IN many or the
papers Of the United Stutts u vast
macs OF mlsiniuImatiOn with refer
ence to Kentucky affairs. Some of
this has been copied from ceitAiu
journalistic buccaneers within The
State, and some from lying CORES
puudents, who, after being told the
ruth by reputable men, have pre-
teried 10 accept the Statements of
professional IalsIfiers. 1t Is tlme
that Il liam stattme If the incun.
testdDle facts Of the case be laId be-
tore the people Of the United States
ia connected ,ruer. AL IN, 50 facts
nave been published before. bu;
many OF them have been suppressed
by tue euow journalists VI thIs ana
Other SluteS,
me late Gov. Bra dley undertook
to oIg IulZe companies OF the Stats
Gua,L III this 81 tfeIson) coulty -
IN point of lact, IN the city OF Louis
yule, which IS the most pOpulus part
of the couaty. The statute III such
case, made anu provldeu-oecCIou
266l, Kentucky Slatuteo-says
~ hen, in the judgmenG OF the GOV
ernUr, 1t Is necessary or proper 10
uIganIze u STATE Gu .rd company ia
any county, he III y ln5tlCuUe oucu
ORGANIZATION IN conformity with the
requirement of his law. When any
number of persUus, not lesS Tran
GUrly nor mUre than eighty, desire
10 Organize IA company In any county ,
Cpey shan nF5J OBTAIN tue WIlJteu
consent of the County Judge, aud d
certificate flum nlIn that the appll-
cauLo ale men OF gOJu moral cho.rdc
ter, rtslueuLs "a the county, ana
qualified Tor service as herein pres
uliDeu, and shaI forward the Same,
Win a Wruton application signed by
each man uesIrlng W JON Lue COM
pany, 20 the Aulu,anC, General" La
aCcUTuauce with tie Jaw, the appll-
cations oG men 10 UrganIze d mum
Der If cUmpanies were submitted u
the COunty Judge OF Jefferson couu-
w, VINO rotueeu his Consent and re-
lueeu W ceIlIIy ae IequIred by law
before the company could Uo az
ceuted. Nevertheless, the cUmpau-
les were UrsanlZou, ana constitute
what Is caued the Louisville Lee gIOu,
or the First regiment, OF which =.
4. Mengel Was elected Colonel.
Ine Constitution, Article 10, says
that the Governor shall DO Com
mandeI-lh-ChIeG Of The army anu
navy vi The commonwealth, Out
sna:I hot cOnImauu personally ii
Tue field Unless ADVISED 10 40 SO ny
Il IL solution OF the General Assem-
DIV. The General Assembly never
auvlseL ELMER Bradley or Taylor 10
command personally IN the tield.
But Lne law tnacUeu to carry luJU
enect the PROVISIONS OF the ConstI
tuition provided, III SeCLlou 1872,
| Kentucky Statues, that the militia
should 10 called out only by the
| Governor. me next two sections,
! 2673 al d 2674, Ieau ao follows:
"z613. Inc military shall be at
all LInes and III all cases IN strict
suDuI ulnatlon 10 tue CIVll power.
"2614. When III active service the
| Governor may ulrtcC the command
lug othce vi Gne niiILid TO report 10
any Oue OF the 1oIIOwIng named Off
ceI . vi the district Ia winch the s4lI
omcer Is employed: Mayor vi CITY,
Sheriff, JdIiur VI MaEsnai."
Inus tne Governor is forbidden to
command, Is compelled 70 Keep the
mlllLla Subordinate 10 the clVIl pow
Ell, ana 10 simply allowed discretion
whether he puts Cneln i'll command
OF d Mayor VI clty "a sheriff, JallUr
OF Marshal. IL he Iall 10 puG them
unuer the command Uf one OF the SO
officers he employs them unlam-
fully, ana 1t Is tnelr duty not To OBEY
nnm. Iney are callcu 10 obey cIvIl
! III { M. N
CuIot, who is disqualified by the
| Constitution nom commanding
them. LIZ 10 his uuty to see THAT the
laws are executed ny civll officers,
with the Lelp OF the mllICia Wnen
re4ulIed.
la spite of these provisions of the
Organic ana statutory law, BtddIey
UIuoled ouG Ihe Louisville Legion Un
! the eve vi The election ana taIIou ana
refused To pat them under the com
nand OF any OF the officers named
III section 267+ Of the statutes. On
the nIgnU vi the election he actually
sent nltn out to enforce the mandate
OF Il CIrCuIL Judge without any CIvlI
officer with I'm. Ii d Governor OF
/ kentucky may 40 This lie may do
any thing thai any despOt ever dId
III The history Ut Lhe WurlQ. 1t was
an act uupI eceueuted IN the history
Of the State.
When Tay Tor called out the militia
this " eek, he was under obligation
10 put them under tue command OF
one uI the civil officers named. He
tallt d ana refused 10 do IL. his at.
tempt 10 SEND the Legislature u
LOuuOn 10 be maeSacleu Is admitted
Dy every man with Il tuimoItful OF
brains To naYe been absolutely null
anu void. Inere Is not a shadow vi
law To support it. Yet on the
strength Vi ~ he used the militia
which he had no right to command
To make war on Coordinate branch
of the government, one superior III
uignity 10 ms own. By the use oi
tue militia, ana OutI4ws from the
mountains ana elsewhere, he has
suspended the civil officers from
power, aud nuH.tied the process OF
the courts.
These things Taylor did after the
board appointed To try his right tC
act as Governor had decided against