The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-30
THE GOVERNORS POWERS.

The Norfolk Virginian-Pilot4 reproduceS
from The Times Dispatch an article on
the power and duty of the Governor to
call out troops In certain emergencies,
when the local officials fail to act. 1t
says that While It sharply criticised the
sheriff Of Henrico for refusing to call for
troops during the late disturbance IN
Richmond, it thinks that the Governors
authority to order out troops without re-
gard to the sheriff OF a county or the
Mayor of a city Is doubtful, and that II
Governor Montague did not exceed his
authority on this, occasion. he clearly
ran counter to precedent and to the uni
form view Of other Governors, and to the
declared conviction Of i the legislative
branch Of the government It then quotes
section 2l1 of the Code Of 1871 as fol-
lows: =
.If any combination, whether for dis
membering the State, or establishing IN
any part Of 1t separate government, or
fot any other purpose, shall become so
powerful as to obstruct. In any part OF
the State, the due execution OF the laws
Thereof, In the ordinary course Of pro-
ceedings, the Governor may call forth
the militia or any part thereof to sup
press such combination
And this is added:
Now. in 1895, negro man and three
negro women were arrested In Lunenburg
county on a charge Of murder. 1t was
represented that there was danger OF a
lynchlng, but the sheriff refused to call
for troops to guard the prisoners, IN
view OF this, incident, Hon, Charles 7.
OTerrall, in his message to the succeed
Ing Legislature, said'
1.-THE sheriff refuses to act under this
section (36S OF the Code), and In the abb
sence Of a call for troops from him |,
cannot take such steps as think neces-
sary to protect the prisoners, preserve the
peace and maintain the law,
''Being powerless In the emergency that.
confronts mean emergency that may
arise at any time in the future--I respect
fully recommend that section ELL above
quoted. be amended and re-enacted so that
the section will read as follows:
1T any combination, whether for dis
memberlng the State, or establishing In
any part OF 1t a separate government, or
| for any other purpose, shall become SO
powerful as to obstruct, IN any part Of
the state, the due execution OF the laws
Thereof In the ordinary course of pro-
ceedngs, or IL there sha be any breaches
| OIL inc peace, tUlHult, Tlot, OF EeslsVulCe OF
law, or imminent danger thereof, the Gov
ernor may call forth the militia, or any
part thereof, to suppress such combina-
lions, prevent breaches of the peace, sup
press tumult, riot or resistance OF law,
and guard against danger thereof"
Our contemporary goes on to say that
| In spite OF this recommendation the Sem
ate refused. By vote Of twenty to four,
to amend the law as requested by Gov
ernor O'Ferrall, and that Governor Tyler
afterwards expressed the opinion that
the Senate had acted wisely, as It would
be putting into the hands OF the Governor
= dangerous power to allow him to call
out the military at will.
But In spite OF all this the fact is that
Governor O'Ferral did send troops "a
Lunenhurg, In spite of the failure OF the
sheriff to ask for them, and on another
occasion he sent troops into the Poca-
hontas region and went there himself
: and In a public address told the people
that he alone was responsible for The
! presence Of the troops, as the sheriff hao
failed to act There Is no doubt VIII
. We that under the provision OF the Con