The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-20
MILIT|AMEN HAVE
WIDE LATITUDE
Law Plainly Defines Duties OF
Commanders
OFFENSES ARE PUNISHABLE
Governor offers Reward for Murderers
of Miss Bessie Roberts of An
niston-other Montsom-
cry News.
OFFENSES ARE PUNISHABLE
BY HERvEY w. LAIRD.

circumstances, the laws OF Alabama on
the subject may, with propriety, at this
time be quoted. It is a fact beyond ques-
tion that the commanding officer of any
military force on riot or mob duty, is
given very great latitude, and has much
left to his discretion. While he may be
and ordered by the governor to report to
such officer, he is not by reason of this
fact relieved of the general obligation to
see that the law is upheld, and no man,
save the governor himself, has the power
over him to say that he shall or shall not
shoot.
The law very clearly anticipates that
there may be times when local condi-
tions are such that the civil officer, to
whom military officer is ordered will
be so bound around with local conditions
that he will hesitate to order extreme
measures until trouble has advanced too
far to prevent 1t. The statute seems
plainly to indicate that there was in
the minds of the trainers a fear that this
condition would so far prevail that the
troops themselves would be endangered,
anu lHC lives VI lHt il0iNlQutl lttuiUtIS
placed in jeopardy. While in general
way military forces are to be under the
control of the civil authorities in cases
of riot or mobs it is not put upon them
to stand by and see the law which
they are sent to enforce, outraged.
Ground Of Defense.
Press dispatches indicate that Capt. r.
l.. Hay who was in command at Hunts
Vile the night Horace Naples was lynch
ed will make defense on the ground that
he was ordered by the governor, through
Private Secretary ]. Kirk Jackson, to re-
port to the sheriff of Madison county and
act under that officers orders. If there
is anything in the Interpretation of the
military laws by learned lawyers, he will
not find such position tenable. II he did
not know the law then it Is asserted that
he was culpably negligent of the knowl-
edge of the duties which he was at any
time likely to be called upon and was
called upon to perform.
The military laws of the state were
drawn by Judge Thomas @. Jones, now
on the federal court bench, and four years
governor. At the time of the passage
Judge Jones was a member of the legisla-
ture and chairman of the military commit.
tee. He was then and has always been a
great friend of and believer In the cit
izen soldier. His idea was to make lin
responsible for the performance of even
his apparent duty, but at the same time to
throw such safeguards around him that
he would not be placed at the mercy Of
any local prejudice or the incapacity or
inactivity of any civil officer to whose call
for aid he might be sent.
Judge Jones was in command of the
military when 1t was called to Blrmjng-
ham to do riot duty In 1894, and other
times since, He has had wide experience in
its handling and the attempts to enforce
the laws by virtue of its largely arbitrary
powers. He is said to have expressed him
self in the past before going on the
bench. to the effect that there Is nothing
in the law of Alabama to prevent a COM
handing officer of any military company
from protecting and unfolding the laws
of the state when he Is called upon to
do so.
Code Quoted.
Section 5190 of the code gives the COM
handing officer Of the military on riot
duty power to quell riots and protect his
men. 1t says IF any portion of the mill
tia or state troops or persons lawfully
aiding them in the performance of any
duty under the provisions of this article,
are assaulted attacked or in imminent
danger thereof, the commanding officer or
such militia or state troops need not await
any orders from any civil magistrate, but
may at once proceed to quell such at
tack, and take all other needful steps for
the safety of his command"
Nv v,rtnc of section 5192. civil d mill
49,, asy,osrs NAV clear the streets .
..urt a,,a,ar a,y ro,,t ,iot or mob has &C.
o,',.rad or is nroyressing or Is SO immin-
ent that any portion of the state troops
is, or has been called out for the perform
ance OF any duty unoer the PROVISIONS OF
this article, IL snail De iaWlui LOT the
civil officer under whose ORDERS the state
forces are acting, or the commanding OF
ficer OF such militia or state troops II 1t
be deem,1 advisable In subduing or pre-
venting such mob or riot, or the outbreak
thereon, 10 prohipit all persons from oc-
cupying or passing on any street, road
or place in the vicinity OF the rout, mob
or riot, or place Where the same Is threat
ened, or where the militia or state troops
may be Tor the time being, and other
wise TO regulate passage and occupancy
OF such street and places; any person,
siter peing duiy INFORMED or SUCH pro-
hipition or regulation VINO wiiifuily and
intentionally, without any lawful excuse,
attempts 10 go OF remain on such street,
roao OF pace ana ralis TO depart after
nelns toio TO 40 So is guilty OF mis-
ueheanor, ana must, on conviction, be
illieo not more ,nan siooo ana may be also
iihprisoneu III the county jail, or sentenced
70 naro ,apor 10. NOT more than one
nunure ca nays anu IN sucn case, the Of
hcers III coH'inaho Oh the troops or militia
may ioftH"ith arrest persons so Of