The Montgomery advertiser., 1907-12-29

stltutlon OF the united states imposes not upon you. but upon the Legisla- ture. if it can be convened. the duty of calling upon the Government to protect the State of Nevada against violence. You now request me to use the armed forces of the United States in violation of the Constitution. be- cause. in your judgment. the Legisla- ture would fail to perform its duty under the Constitution. The State Government certainly does not appear to have made any serious effort to do it's duty by the effective exercising of its police functions.
 T repeat again what have already said to you several times. that under the circumstances now existing in the state of Nevada. an application from the Legislature of the State is an es-' sential condition to the indefinite con- tinuance of troops at Goldfeld. Cir cumstances may change and if they do will take whatever action the needs of the situation requires. so far as my constitutional powers permit. But the first need is that the State authorities should do their duty and the first step towards this is the assembling of the Legislature. It is apparent from your telegram that the Legislature of Ne- vada can readily be convened--you have fixed the period of three weeks as the time necessary to convene and organize a special session. If within five dayr from the receipt of this tel egram you shall have issued the. nec- essary notice to convene the Legisla- ture of Nevada. I shall continue the station of the troops at Goldheld dur ing such period of three weeks. If within the term of five days suchs ac- tion has not been issued. the troops will be immediately returned to their former stations.
 (Signed.) Theodore Roosevelt"
 Commission Returns.
 The special commission appointed by President Roosevelt to investigate con- ditions at Goldfield returned today after spending a week in the mining camp. A report will he made to the President on his return from Pine Knot. The members of the commission are:
 Lawrence O. Murray. assistant sec retary of commerce and labof; Herbert Knox Smith. commissioner of corpor- ations. and Charles P. Neill. commits sioner of labor. Nothing will be giv- en out in advance of the report.
 Senator Francis c. Newlands. of Me- vada. today sent the following tele- gram to Governor Sparks: y
 My opinion is that in order to jus tify the national government In using its armed forces to protect the State . sary under the Constitution that ap- piication should be made by the Leg islature or (when the Legislature cam notybe conyened). by the Governor.
 "It is necessary. therefore for you. in my judgment to convene the Leg islature and to obtain it's decision as to whether application should be made to the President for the protection or an adequate law passed for the organ kexo AF ., kA4 s< EArAn rrrtrt will maintain order and protect life and property. Individually. I believe in the latter course and that the good name of Nevada requifes that it assert It's sovereignty, maintain order and protect life and property within it's boundaries. and that it's duty is plain. The peace force should not be under the control of or paid by either the mine owners or the mipers, brt should stand aloof from the industrial contest between them with. q single eye to he maintenance of order and the protec-, ton of life and property. ?
 Tn all that you have done recog< nize the difficulty of the situation. your patriotic intentions and your desire Go prevent violence and bloodshed in the interest of the common good; but it is clear that tho State must sooner or later assert It's sovereignty and its firm determination, unaided by the na- tional government to suppress all vio- lence. and I believe the time is now. cannot believe that the Legislature can fail to act promptly and decisive ly. If it does not so act, the respon- sibility is theirs. not yours"
 DeIIherating His Course.
 Carson City, New, Dec. 2S.--Having been given five days by President Roosevelt in which to call a special session of the Legislature if the troops are to remain at Goldheld. Governor Sparks Is deliberating what course to pursue.
 The injunction suit of the Goidfeld mine owners association against the union miners to restrain picketing and dissolve the union has been taken un der advisement until January in the