Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-29

have failed to call the legislature to-
Sether because, in your judgment. the
legislature would not call upon the
government of the United States for
the use of troops. although in your
opinion il ought to do so. The constr
tuition of the United States imp Dses.
not upon you, but upon the legisla-
ture, if it can be convened, the duty
OF calling upon the government of the
United States to protect the state of
Nevada against violence. You now re.
quest me TO use the armed forces Of
the United States in violation of the
constitution because In your judgment
the legislature would fail to perform
its duty under the constitution The
state government certainly does not
appear to have made any serious ef-
fort to do its duty by the effective en-
forcement of its police functions.
repeat again what | have already said
to you several times, that under the
now existing in the
state Of Nevada as made known to
me, an application from the legisla-
ture is an essential condition to the
indefinite continuance of the tIuups at
ioldfeld. Circumstances may change
and If they do | will take whatever
action the needs OF the situation re-
luire so far as my constitutional
powers permit. But the first need is
hat the state authorities should dc
heir duty and the first step towards
his is the assembling of the legis-
letinite continulature. 1t is apparent
rom your telegram that the legisla
ure can be readily convened. You
nave fixed the period of three weeks
Is time necessary to organize a special
rUHs.sf n. Il
rom the receipt of this telegram you
hall have issued the necessary notice
o convene the legislature of Nevada.
shall continue the station of the
roops at Goldfield during such period
f three weeks. If within the term
f five days such notice has not been
,sued the troops will be Immediately !
eturned to their former station.
THEODORE ROOSEVELT,
In accordance with the presidents
Secretary Taft late today |
ent telegraphic orders to General |
'unston, commanding the department
( California. at San Francisco. eoun-
previous orders for the
of the troops from Gold7
eld on Monday next.
Senator Newlands, of Nevada, today !
ent the following telegram to Gov
rnor Sparks:
my opinion is that I'm order TO
Istify the national government in us
lg its armed forces to protect the
ate against domestic violence. ii Is
ecessary, under the constitution, that
pplication should be made by the
gislature or (when the legislature
lnnot be conVened) by the governor.
is necessary, therefore. for you to
,nvene the legislature and to obtain
s decision as to whether application
lould be made to the president for
rejection, or an adequate law passed
II the organization OF state peace
'rce which will maintain order and
rotect life and property. Individually
believe in the latter course, and that
le good name of Nevada requires
iat it assert its sovereignty, maintain
der and protect life and property
ithin It's boundaries, and that it's
Ity is plain. The peace force should
VI be under the control or paid by
ther the mine owners or the miners,
II should stand aloof from the in
fstrial contest between them with a
ngle eye to the maintenance of order
I'd the protection of life and prop
,rty.
'In all that you have done | recog-
re the difficulty of the situation,
,ur patriotic intentions and your de-
re to prevent violence and bloodshed
the interests of the common good;
IT it Is clear that the state must
oner or later assert its sovereignty
I'd its firm determination, unaided by
e national government to suppress
violence and / believe the time is
w. / cannot believe the legislature
IN fail to act promptly and deci-
rely If it does not so act. the re-
Is theirs, not yours
Governor Wrestles With Problem.
Carson City. New, Dec. 2S.-HaVing
en given flee days by President
oosevelt in which to call a special
ssion of the legislature if the troops
e to remain at GOldfeld, Governor
,arks is celebrating what course to
irsue.