The Montgomery advertiser., 1904-05-07

| e, = with such suggestions as 1t may z 1 = be your pleasure to make" . 0ooooeeoeosoeooooosossoosS | tional and legal right to direct a Judge l 10 call special term of a court, for the trial of criminals who commit such terrible crimes as outrages, assassination, arson Iynchtngs, etc, but can only ad- wise them officially that such crimes have been committed and respectfully ask them to gall special terms for the pur- pose of bringing to justice these viola 1 tors or the law. If in the opinion of | the Judge such special term would not pr mote the ends of justice he can ie- | gaiIy refuse to hold such special term Prompt Action Necessary. The acting governc: Is of the opinion | that the ends of justice and the main | tenance of the law would be promoted by | the prompt action of the courts in all these matters. certainly our experience teaches that the method allowing these matters to remain uninvestigated until the regular term of the court has failed to consummate the ends of justice and to prevent these outra geous crimes and the unfortunate lynchings, which often fol- low. Under the present laws of the State the Governor can go. no further than to aovise the courts In these matters, and 1T they decline. which they have right to do under the Constitution and laws, or If they differ in the Judgment of the Governor in regard to the better policy to pursue. no one should question either their honesty or sincerity In the matter The acting. Governor. believes that Sec ton 5 of the Acts of 1882. authorizing special Serfn. Is unconstitutional and in this opinion he is sustained by the writ ten opinion Of the Attorney General. Were the acting Governor. therefore, to direct judge to hold a court under this section he would do so against his own convictions and the advice of the Attor- ney General as to the constitutfonality of the aforesaid section. '.
 Would Call Legislature. =
 As to what would be the status of any indictment and conviction found under such special term ordered by the Cover nor. if the act under which the special term was ordered. Is unconstitutional, the acting Governor does not know. If a. judge were to refuse to hold such court either because he does not believe 1t best to do so or because he believes the act under which the Governor directed such court to be held Is unconstitutional, noth- ing, would be left the Governor but to mandamus the judge to hold the court, which of course would bring the matter before the proper tribunals to determine the constitutionality of the act provid ing that the Governor may order such term of the court.
 circumstances may arise when it will become necessary to clear all these mat ters up in the interest of the supremacy nf the law and it's impartial administra- ton in order to demonstrate whether or not the laws as they now exist are ade- ouate for the impartial administration of justice. If such be the case the serious problem of calling the Legislature to- gether that it may In it's wisdom provide the proper instrumentalities, would natur- ally present itself for the serious con- SIderation of the Executive. It is the pur- bose of the acting Governor to do every thing In his power. that he can under the Constitution and laws of the State, 10 prevent the substitution of anarchy for law. and for the maintenance of the laws, as 1t Is his sworn duty. uner the Consti- tution,
 To Relieve State of odiurn.
 If the Executive and Judicial depart n'ents of government do all that the law provides. and make an earnest united tf- fort to bring to justice promptly and ef tectually the authors of those terrible crimes. thus demonstra ting the thorough ress and efrectiveness of the law and it's aGministration every excuse for lynching would be removed. and thus confine this Iawlessness to the naturally vicious and criminal which Is by no means the case now. If the Executive and Judicial De- partments of government ignore or do not act promptly to bring to Justice those who engage in lynching, then the stain, udlum and injustice of this kind of law iessness will rest upon the whole State. But when the officers act promptly then it IS up to the community or county who is to provide. under the law, the grand jury to indict and the petit jury to try Therefore. if the law falls of vindication, the stain and odium is not upon the State or its officers, but upon the com munity where lynchings occur. '.
 t'The acting Governor believes that the prompt trial by the courts of all rapists ana assassins. and an earnest, prompt effort to bring lynchers to justice will in short time not only make the law terror to criminals, but also to those who disregard 1t by substituting lynchings for the courts of justice. He has therefore addressed letter to the several judges having the administration of the crimi- na. law. inquiring whether they endorse tho policy of prompt acton by calling special terms of their courts for the prompt investigation of all cases of rape. and assassination and lynchings, and for the indictment and trial of the guilty. This letter Is an appeal from the execu- tive to the judicial department of the State government for advice as to the best method. and for a harmonious and united cooperation to maintain the su- premacy of law to the honor and glory of the State"
 Writes to Judge Anderson.
 The letter addressed by the Governor to Judge Anderson bearing the substance or Attorney General Wilson's opinion is as follows:
 Montgomery. May 6. 1904.
 lion w. 5. Anderson. Judge of the
 Thirteenth Judicial Circuit. Mobile!
 Alabama:
 My Dear Sir-Supplementing the letter from this office under date of the 30th ult., in reference to the recent lynching of Reuben Sims in Baldwin County. in which you were advised that inasmuch as the Constitutionahty of Section 5 of the act:
 ''."To provide for the holding of Circuit and Chancery Courts when the Judges or Chancellors thereof fail to attend sregu- lar terms by a supernnmersry judge, and to prescribe his powers. duties and pay and to provide for the election of such IttdPe aSyy which gives the Governor the authority