The Birmingham age-herald., 1904-09-15
UNCLE SAM WILL NOW TAKE 4 HAND Federal Authorities May Take Up Huntsville Lynching STAIE OFFICIALS ARE BUSY Matter Will Be Thoroughly sifted and Blame Placed Where It Belongs.
 News of the Capital
 City.
STATE OFFICIALS ARE BUSY
BY HERvEY w. LAIRD.

Acting Governor Cunningham wired Capt. R. L. Hay of the Huntsville military com- pany yesterday afternoon asking if he had received request from the executive office to report on his connection with the effort to keep mob from lynching Horace Naples at Huntsville last week and if he had replied to the same.
 Captain Hay telegraphed back that his report would be sent in at once. The length of time elapsing after the re- quest of the governor for a statement from Captain Hay had been remarked up- on on the outside, though 1t was not known until today that the governor had taken official notice of 1t
 Captain Hay was in command of the soldiers called out at Huntsville to assist Sheriff Rogers in the protection of Ma pies, and he and lis men were under the orders of the sheriff. The day after the lynching the gol rnor wrote Sheriff Rogers and Captain Hay to give him at once a detailed statement of everything that occurred an. indicate why they had not been able to protect the priso- ner. Sheriff Rogers answered some days ago, though the governor has not seen fit to divulge the contents of his letter.
 It has also been very manifest within the past two or three days that the fed eral authorities are going to take hand in .he attempt to punish the members of the mob who lynched Naples. It Is re- liably reported and has been so printed in the papers that the matter will be pre- scented to the grand jury which assemblies i1l October and .4.,,l 1t is not at all im- probable that United States secret ser vice men will be assignee, to duty on the case.
 Something Will Be Doing.
 It is well authenticated fact that something of much more importance than has ever been brought to pass as the re- suit of lynching in Alabama, is coming from the Huntsville affair. The fact that Governor Cunningham has already begun and is pushing the investigation so far as his office Is concerned, is no secret. It is also an open secret that officials of the United States are casting about to see just where they can take hold and bring the power of Uncle Sam to bear in the location and punishment of the guilty.
 Judge Speake of the state court has called and has in session a special meet ing of the state grand jury, and, with Solicitor Pettus, is busy trying to get in- formation on which to predicate indict- ments, all going to prove that no part of the machinery of justice is allowed to lie idle in this movement to rid the state of the stain of the unlawful taking of human life.
 The fact that the governor urged Cap tain Hay to hurry his report, for his tel egram amounted to that, indicates how vigorously he has determined to act. He will see that everything in his power is exercised to secure names of men in the mob and their conviction when discov- cred.
 United States Part.
 It is expected that the United States officials will proceed on the supposition that the action of the mob was in viola tion of section 550S of the revised statutes of the United States, which make it penalty to form conspiracy against any citizen of the United States and provides further for the punishment of any who may, by conspiracy, cause the injury of a citizen of the United States, though they may not have intended to intlict such injury.
 In the case of Logan vs. The United States, from the northern district of Texas, the supreme court of the United States CA Rpt. U. s. S. @ held that any citizen in the custody of an officer of the government had right to the pro- lection of the United States, and any who offered or did him injury while in such custody was liable to heavy pun ishment; also that such action was in vio- lation of section 55OS above mentioned
 The supposition is that the United Staes attorney, the Hon. Thomas R. Roulhac of Sheffield will take the matter up and see that 1t is properly presented to the United States grand Jury at it's Oc- tober sitting. It is also thought that, in anticipation of this Investigation it would not be an overstepping of the rules of the secret service to have few detec- tives in the state getting up evidence and locating those who are likely to be classed as offenders.
 Power of Governor.
 The powers of the state executive are limited in cases of this kind to the pun ishment of officials who may have been false to their duties. He can, If he thinks the circumstances justify cause impeach- IT. ent proceedings before the supreme court to be filed against the sheriff of any county. It is also within his power to order the courtmartial of any mem Der of the citizen soldery who fails in his duty Beyond this he can go no fur ther than to advise with the officials of the Judicial system. and others who may have, by virtue of the statute, power to punish those who violate any of the laws of the state.
 In following out these regulations the governor at once ordered Sheriff Rogers and Captain Hay to report all they knew of the lynching. They were to give in detail all that was of importance, and to ascertain, in the case of the sheriff, fl possible, names of members of the mob In addition to this the governor wrote Judge speake that he hoped he would proceed as vigorously as possibly in the investigation of the mob and suggested that he call special session of the grand jury. Judge Speake, feeling the greatest interest in the maintenance of order in his circuit, had determined tt call this session and before the letter ol the governor had gotten to Birmingham On its way to Huntsville. he called upor the phone the executive office here tt ask advice about it. The governor ha. expressed the fullest confidence in botf Judge Speake and Solicitor Pettus ant will support them in every way possible
 Governor Determined.
 The writer saw the governor in his of