The Montgomery advertiser., 1904-05-07
Cites Opinion of Attorney Gen. eral as to His
 Authority. ! e
Circuit Judges Anderson and sayre are Urged to Investigate
 Crimes in Baldwin and Autauga Counties (.
 Respectively.

In view of the recent lynchings of negroes in Autauga and Baldwin Coun- ties, Acting Governor Cunningham yes- terday issued a ringing statement to the public explaining his policy and de- claring that lynchers must be prosecuted 10 the fullest extent even if 1t becomes necessary to call an extra session of the Legislature to make the laws effective. At the same time the Acting Governor addressed a circular letter to every Cir cult Judge of Alabama appealing to them for advice as to the best methods of enforcing the laws and for co-opera- tion in an effort to relieve the State from the odium of the recent crimes.
 Cannot Convene Courts.
 Having been advised by Attorney Gen eral Wilson that he is not authorized by law to order a special term of Circuit Court. Governor Cunning has written Judge w. s. Anderson of the Thirteenth Judicial Circuit in which Baldwin Coun- the Fifteenth Judicial Circuit in which Autauga County is situated. urging them tv convene their courts at once to investi- gate the lynching of negroes in those counties.
 Reuben Sims. negro it will be re- membered, was lynched at Little River Baldwin County. about three weeks ago for compiicity in the murder of Dr. c. D. II, a negro of Autauga County was lynched several days ago for assaulting white woman.
 When the attention of Judge Anderson Of the Thirteenth Circuit was drawn to the lynching in Baldwin County by the Governor and he was asked to hold a special session of his court he replied expressing the opinion that the Gov ernor should order a speciaf- session of the court. The Governor was advised by Attorney General Wilson that he was not authorized by law to order session of the court. E
 Statement by Governor. The following statement of his attitude towards lynchers and iynching was pre- pared by Governor Cunningham and was given out yesterday morning:
 Protection to life, liberty, property and the honorable and legitimate pursuit w iii of happiness are the chief purposes of the organization of government through the instrumentalities of law ard it's ad- mem. ITS thereof in all thege and to bring justice all persons Who unlaw- fuliy de.A-ve any person in. his lawful fnnctions fgnli so@s'if nf t5s n large part of the statutory or common, ans 9g large mart of the duties of the officers of royernment Is to administer and execute these laws s,,i,s,s sos an ,ntlVloual, i or cohmunity of in selves. these essential an6 .mnorfant functions, however just their motives. de- fies the law with it's means and instru- mentalities for justice, fairkess thorough ness and righteousness, and Substitutes in It's stead anarchy withSits na assions and prejudices and its want. og fair bonest and righteous means to attain the ends or persons take the law in his or their own hands, they bring into conts,nnt the laws of the State and often commit irre- parable wrongs and injustice That tba maintenance of law and order, withont fear or favor from the standnoint of patriotism, honor and morals is fba 6utv of every citizen of the State cannot he questioned. " This principle is set forth fl, o,r doc,a- ration of independence, rl9hts. and iaws af n,nrais TL m oI, eiensatton and code by which justice is to be attainad The resort to any other method is ,,nia uf,,l wrong and dangerous. '
 some Crlmes are Terrible.
 ..rshi noIae oa ene critnes Committed are so have often been stirred to tha yerv donth hs of their souls with the 5asira Sor 'ar,o Rea"SI diN tre Ia uoa oie purpose to pro- mind they unlawfully taEa buroa, ,,f o' In doing this they commit = or;ai, ny . but they do not have criroinaI n-s .a.- aet' They do that which the Ia u1 'i.sais .iNe .lso: Vides. but in wrong and ,Inia wful naan- ner. Therefore, the crime is in mstbod and not In purpose. All fair n,in+]ed people must recognize this qifferanna p,'t the substitution of this unls r,t,,t eice .. Dut however worthy the motite ,s nieeriou, sra'1s and serious crime. It is criroo ,sa s' t se .e civilization. justice. mora,s sa aen4s, 'nSs tIs' rights of man and the hon. er5 s,.ta t.iS of the State. Its stain rests anu ,,n utSaIIy ,,n hearthstone and upon everH, nsrso,, , rNLS ets State. It. brings law into contsnnnt ti ins sI's the honor of the State inta aitI"i aIui throughout the civilized v,arIS uiSel .u euII sttiutes anarchy for law All anu, anu sup- i' Eens should recognize this T,d @ Soou cll- lawful means to put a stbo a t Tns I SHely Our Constitution providesP ' ao,lS.tls' iS iSneIiils Judicial and Executive pa,artt lsia.lNe, make administer and exehTt pot eiIeht " for the protection of life, 'iibert' ese avs ty. etc. and for the arrest triai' 1 v, per ishment of criminals. anu pu"- The Governor is the 6,biaf u,,.oo,,.,... officer of the State. under tha S''rI.tN. ut,ve tion, and 1t is made his dbtv undnr ,ou. instrument. to take care that tTa i. t..as pe taitIi t ,, nri,ae |. Lynching any The Governor is under Gath and {. s his duty as a citizen of the State tem@ porarily clothed with authoritv and tba duties that inhere in the office of Gov ernor, to do everything in his nower that he lawfully can. to see that the law is executed in this as in all other matters "htN 10 prevent by all lawful
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