The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-02

that IT is his duty to run down and arTeet
ali persons who violate the law, aho ina.
as soon ss he has good reason 70 oe-
,,eve thai the rioters are beyond the con-
troll of his deputies 1t Is his oounoeh ou's
to ask for troops.
"rhe moment he has reasonable ep-
prehension OF a breach OF the peace riot
or other resistance to law, says jugs
Sims. he is entitled. and Is, In fact
hound to Intervene and may arrest on
view all persons breaking or attempting
to break the peace, and II he does not
do SO, and is guilty Of negligence as above
defined in not doing so, he should De
found guilty Of gross neglect of Official
duty" And this In conclusion:
Merely because ministerial officer has
a discretion to exercise as to the methods
and lnstrumentalities to be employed IN
the discharge OF duty imposed upon
him by law, he Is not In consequence
thereof possessed of the immunity OF
judicial officer. Although the calling OUT
OF the militia under section 3bs OF tie
Code depends upon the discreuon OF ll!e
sheriff, vet when he neglgently as above
defined refuses or fails to call them ou.
on a proper occasion, he takes upon nini-
self the responsibility Of any injury "hich
may result therefrom to the pubic peace
and good order, and the occurring Oh sa s..
violation OF the public peace VIII justly
his removal. Mere honesty or intehtiol',
nor the fact that he fully believes that
~ hne, thing was not to call out the
militia. will not excuse him unless such
helief would have been entertained I'M
der the circumstances by man OF oroi-
nary prudence and honesty.
or course the sheriff OF county or
tho mayor OF city. as tho case may De-
should exercise prudence and discreuon
In calling for troops for 1t Is serious
thing to ask the Governor to send SOL
ders Into any community. But 1t Is
more serious thing for such an officer to
fall to call for troops when their pres
ence is needed to protect life and prop
crty, to preserve order and to uphold tho
law. No such officer Is bound under MS
oath to wait until there has been an
overt act from the mob. In his case, as
In all others. the proverbial ounce or pre-
vention Is worth pound OF cure. When
nm officer whose duty 1t Is to preserve
the peace has good reason to believe that
the mob violence is threatened, 1t Is his
duty FIRST Of all to endeavor with his own
deputies to prevent the mob from as
senbling, and II he Is satisfied IN nus
own mind that he cannot do this and that
II the mob does assemble, he will be I'M
able with the civil forces at his command
to restrain and control Its action, 1t IS
his bounden duty to ask for troops. II is
far better to have the soldiers present
before the mob forms and begins its work
OF destruction than to walt for the overt
act and then shoot to kill. In a time OF
great public excitement there are men
who need to be saved from themselves.
Some men who in ordinary times are
peaceful and law-abiding, will under ex-
element lose their heads and engage In
mob violence. Such men should be pre-
vented from Joining the mob, and the best
way we know Of to prevent them Is TO
have a plentiful supply Of armed SOL
dlers on the ground.
The Same rule applies to the Governor
OF the State, as we have already trleo
to point out. The Constitution makes
aim tho executive officer Of the State, and
Imposes upon him the duty OF seeing that
the laws arc unheld. The Governor has
no right to sit quietly In his ofi1cc like
hgurehead and walt for the local officer
to call for troops. when he knows that
the law in a given community is being
openly violated. and that the presence Of
troops ia necessary to preserve order.
The very genius of the law is preventive.
We do not punish criminals In any spirit
of revenge or retaliation; we punish them
as n warning to others. The punishment
for certain defined crimes is fixed with
view to deterring men from committing
these crimes, And so 1t Is the first duty
of all sherffs and mayors to prevent dis
order and riot, and when such officers are
convinced in their own minds that they
cannot prevent disturbances by the civil
forces at their command, 1t is theif
bounden and sworn duty to ask for troops
Such is the law as declared by judge
Sims from the bench, and sherlHs aho
mnyors in Virginia must govern them
selves accordingly.