The Birmingham age-herald., 1904-08-30
ACTING GOVERNOR
 TALKS OF MOBS Doing All He Can to Suppress
 Mob Law LUSK CIRCUIT COURT ACT Governor Does Not See Ills Way Clear to Gall Special Session of the
 LeslsIature-open to
 Conviction.
JSK CIRCUIT COURT ACT

"I will offer a reward for the arrest and conviction of the negro who com mitted an outrage upon Mrs. Hyoflck ae Boyle's," said Acting Governor Cunning ham who was at the Morris last night.
 Discussing the subject of mob violence the governor said:
 T have done and am doing all in my power to have the members of the mobs which have violated the laws of the state brought to justice, but thus far with out avail. I have instructed the sheriffs to be vigilent in their efforts to appre- hend the law-breakers. have offered re- wards for their arrest and have appealed to judges to grant speedy trials to the brutal criminals, who violate the sanc- tity of homes.
 T have done everything except to em- ploy detectives. For such the state has no appropriation, and 1t cannot be done without money.
 Will Issue an Address.
 "A suggestion has been made that I issue an address to the pulpit the press and to all organized bodies of good citizens in the state urging them to use their power and influence to inculcate in the minds of the people the importance. the necessity and the righteousness of up- holding the law at any and all hazards, and this I will do.
 "Of the six lynchings which have oc- cured In this state since the first of April last, only one was for the unmen- tionable crime; two were for alleged at- tempts to commit the dastardly deed and the other three were for murder. So you see the great danger which threatens the dignity and majesty of the law. The mob spirit should be suppressed and must be-"
 The Lusk Act.
 Leaving the subject of criminal assault and murder. Governor Cunningham was asked If he intended calling a special session of the legislature in case the su- preme court declares unconstitutional the Lusk act. To this question he replied:
 T will not say that I will not do so; but do say that with the present lights before me l cannot see my way clear to make such call. It seems to me that the effect of a decision destroying the Lusk court act would be to restore the order of the circuit courts to the position they originally occupied. It is not clear to my mind that the legislature at a called session could remedy the trouble Would not an effort on the part of that body to right an error already committed prove retroaction, and therefore void? In other words the legislature cannot make con- stitutional an unconstitutional law.
 T fully recognize the fact that an ad- verse decision by the supreme court In this case would cause much confusion and doubt as to the proceedings already en- acted in some of the circuits; but can see no remedy before the next legislature meets.
 Open to Conviction.
 However. I am always open to convic- tion. and shall act as seems pest when the time for action arises'
 The governor leaves this morning on the early train for Marion, where today at noon he addresses an educational con- vention, the object of which Is to es- tabish local taxation in Perry county for the benefit of t public schools. He states that he will be at his office in Montgomery Wednesday morning.