The Birmingham age-herald., 1904-05-07
WILL ATTEMPT TOSTOP LYNCH|NGS Acting Governor Cunningham Takes Bold Stand WRITES TO CIRCUIT JUDGES Urges Them to Call Special Terms of Their Courts to Punish
 vioIators of the
 Law.
WRITES TO CIRCUIT JUDGES

Montgomery, May 6.-(Special )-Acting Governor Cunningham today took a de- eided stand against lynching and lynch CTS. He again calls the attention of Circuit Judge W. S. Anderson of the Thirteenth circuit to the fact that a i lynching took place in Baldwin county and asks that he call special term of his court to investigate the lynching of Reuben Sims, negro.
 This makes the third letter from the l governors office to Judge Anderson ask ing him to call this special term The governor in his letter today urges that he call this term. He says he has not the authority to compel him to do so,
 but earnestly requests that he comply with his request. Judge Anderson sever al days ago in reply to one of the gov ernor's letters said that he did not see fit to call special term.
 The governor, in his letter to Judge Anderson, quotes Attorney General Mas sey Wilson. saying he has no authority to make a circuit judge call a special term of his court.
 Another Letter to Judge Sayre.
 The governor mailed anotner letter to Judge T. Scott Sayre of the Fifteenth judicial circuit urging him to call a special term of his court in Autauga county to investigate the lynching of Gaines Hall, negro charged with as sault. He informs Judge Sayre that should he have need of the services of the supernumerary judge he will see that he comes to his relief. This deter mined effort of Alabama's new chief executive is commended by all law-abid- ing citizens
 A statement was given out in which the governor states at length his position in reference to the lynchers
 The governor says he believes that the prompt trial by the courts of all rapists and assassins, and an earnest effort to bring lynchers to justice will in a short time not only make the law a terror to criminals, but also to those who dsre- gard it by substituting lynchng for the courts of justice.
 Statement By Governor Cunningham.
 Protection to life, liberty. property and the honorable and legitimate pursuit of happiness are the chief purposes of the organization of government through the fnstrumentalities of law and it's adminis- tration. To protect society and the mem bers thereof in all these and to bring to justice all persons who unlawfully de- priye any person of his lawful rights. constitutes a large part of the functions of the laws, whether organic. statutory or common, and large part of the du- ties of the officers of government is to administer and execute these :aws. For an individual, or community of individ- uals, to take upon himself, or themselves these essential and important functions, however just their motives defes the law with It's means and 1ns;rumentalitios for justice, fairness, thoroughness, and righteousness, and substitutes in it's stead anarchy with its passions and prej- udices and it's want of fair, honest and righteous means to attain the ends of jus tice.
 'Therefore, when any person or per sons take the law in his their own haids. they bring into contempt the laws of the state and often commit irrepara- ble wrongs and injustice. That the main tenance of law and order without fear or favor from the standpoint of patri- otism honor and morals Is the duty of every citizen of the state cannot be ques- toned. This principle is seI forth in our declaration of independence, rights and laws and inheres in our civilization and code of morals. The law provides the means by which justice is to be attained. The resort to any other method is unlaw- full, wrong and dangerous. Some of the crimes committed are so terrible and out rageous that good men have often been stirred to the very depths or their souls with the desire for vengeance and the laudable purpose to protect their homes.
 They Commit Criminal Act.
 "In such state of mind they unlaw- fully take human life In doing this they aot hut ,1o have a criminal motive. They do that which the law itself provides, but in a wrong and unlawful manner. Therefore. the crime is in method and not in pur- pose All fair minded people must recog- nize this difference But the substitu- ton of this unlawful method, however worthy the motive, is a grave and serious crime. It is a crime against civilization, justice morals, safety the rights of man and the honor and dignity of the state It's stain rests upon every hearth stone and upon every person in the state. Ut brings law into contempt and the honor of the state into discredit through out the civilized world. and substitutes l anarchy for law. All good citizens should recognize this and use every lawful means to put a stop to lynching. Our con- | stitution provides a legislative, judicial and executive department to make ad- | minister and execute these laws for tho protection of life, liberty, property, etc., and for the arrest, trial and punishment of criminals.
 "The governor is the chief executive of ficer of the state, under the constitution, and 1t is made his duty, under the instru- ment, to take care that the laws be faithfully executed Lynchng anybody for any crime is against the law. The governor is under oath, and it is his duty as a citizen of the state, temporarily clothed with authority and the duties that inhere in the office of governor, to do everything in his power, that he law fully can, to see that the law is executed in this as in all other matters. It is his duty to prevent by all lawful means all unlawful acts, and to bring to justice, as far as in his power and duty lies, all violators of the law
 Through Lawful Instrumentallties The indictment, trial and punishment of violators of the law must be through the lawful instrumentality-to-w the courts of justice. The constitution pro- vides three separate and distinct depart ments of government, and that no one of these should discharge the functions, or encroach upon the duties Of the oth- CTS. The courts. therefore, are sovereign, free and independent, as they should be, and the governor can only cooperate With them in the maintenance and admlnlstra- ton of the law. Any circuit judge In the state can, if in his judgment, the ends of justice demand 1t, call speclal |