The Montgomery advertiser., 1904-04-29
LETTER TO ANDERSON
GOVERNOR URGES A SPECIAL
 TERM OF COURT.
Surprise Expressed by Executive. De- partment that Circuit Judge De- clined to Investigate Bald
 win County Lynchings.

In letter mailed yesterday to Judge W. 5. Anderson of the First Judicial Circuit. Governor Cunningham expresses that Judge Anderson has declined to hold special session of the Baldwin County Circuit Court to investigate the iyncbing of Reuben Sims negro, and urges him to reconsider his refusal to do so.
 The Governor Is not empowered by the Constitution to order a special term of any court This authority rests sclely with the Judge of the court.
 As soon as the details of the iynching of Reuben Sims were reported to the Governors office Judge Anderson was urged to proceed at once to Bay Minette. the county seat of Baldwin, and empan- nei grand jury to investigate the crime Sims killed pr. c. D. Cole a prominent and popular citizen of Little River about two weeks ago and was put 10 death when he confessed the assassi- nation.
 Upon the receipt of the Goversor's iet- ter reduesting him to hold special term or the court and advising him that supernumerary Judge Aston would re- relieve him of his other duties. Judge Anderson wrote to Governor Cunning ham that he did net deem it necessary to hold a special term of, the court to investigate the lynching
 Since receiving this letter from Judge Anderson the Executive Department has been advised that guilty parties can be convicted If special term of court is held
 Yesterday the following letter was for warded to Judge Anderson:
 Chief Executive Department of Alabama
 Montgomery, April 2s. 1904 Hon. w. s. Anderson. Judge First Judi
 cial Circuit, Mobile, Alabama:
 My Dear Sir--The Governor Is in re- ceipt of your letter of the 25th inst, in reply to his of the 23rd. in which he indulged the hope that it might be your pleasure to call special term of court in Baldwin County, with a view of bring ing to justice the lynchers of Reuben Sims.
 Since the receipt of your letter the Governor has been advised by some re- liable parties in that county that 1t is believed several convictions can now be secured.
 ''In view of all the information that comes to him he directs me to again bring the matter to your attention with the hope that you may see it to change your mind. He does net mean, of course. to offer the slightest criticism
  he is mindfal, even If hls informants be mistaken in their view that a conviction can be had at & special term if called now. that the next grand jury, or any subsequent grand jury, would not be de- barred from further investigation and consequent findings of indictments.
 The Governor is so interested in this matter that he renews his offer to come to your assistance with the services of the Supernumerary Judge if needed, and trusts you win yet see your way clear to the calling of a special term of the court, and thus leave nothing undone that looks to the breaking up of lynch ing in our otherwise fair State.
 "J. K. Jackson,
 Private Secretary" At the capitol yesterday 1t was said that State officials hoped to receive a favorable reply from Judge Anderson as 1t was deemed highly important for the good name of the State that the outrage at Little River be investigated as speedily as possible.