The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-30

The call will be made at the request
Of President Roosevelt who has Notified
Nevada'S governor that such action
must be taken or the troops now sta
toned at Goldfeld will be removed.
Notification of the decision to assem-
BILE the legislature has been transmit
ted, Sparks says, to Washington.
President Roosevelt in answer to the
letter telegrapf1ed by Governor Sparks
Of Nevada in which the latter said he
believed it would be useless to call the
state legislature together for the pur-
pose of having it ask the guarding of
Goldf1eld by federal troops, said in part:
Your telegram of December 26 is re-
ceived. 1t in effect declares that you
have failed to call the legislature to-
gether because. in your judgment, the
legislature would not call upon the gov
ernment of the United States for the
use of troops, although in your opinion
it ought to do so. The constitution of
the United States imposes, not upon
you, but upon the legislature, if it can
be convened, the duty of calling upon
the government of the United States 10
protect the state of Nevada against do
mestic violence.
You now request me to use the arm-
ed forces of the United States in viola
ton 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
e11Oft TO 90 1CS duty Dy the eIIeCllNt
enforcement of its police functions.
IT repeat again what / have already
said to you several times, that under
the circumstances now existing in the
state of Nevada as made known to me,
an application from the legislature is
an essential condition to the indefinite
continuance of the troops at Goldfield.
Circumstances may change. and if they
do will take whatever action the needs
of the situation require so far as my
nOWarS III
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 Nevada 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 days
from the receipt of this telegram you
shall have issued the necessary notice
to convene the legislature of Nevada,
I shall continue the station of the
troops at Goldf1eld during such period
of three weeks. If within the term of
five days such notice has not been is
sued, the troops will be Immediately
returned to their former stations"
Order Countermanded.
Washington, Dec. 3O.-In accor-
dance with the presidents instruc-
tions, the secretary of war sent tele-
commanding the department of Cali
fornia, at San Francisco, counter
manding previous orders for the with
drawal of the troops from Goldfeld.
This is in fulfillment of the presidents
promise to give Governor Sparks five
days in which to~call a special session
of the state legislature.
Senator Newlands of Nevada took
hand in the controversy by sending
the following message to Governor
Sparks:
MY opinion is that in order to JUS
fifty the national government in using
its armed forces to protect the state
against domestic violence. it is neces-
sary, under the constitution, that ap-
plication should be made by, the leg
islature or (when the legislature cam
not be convened) by the governor 1t
is necessary, therefore, for you, in my
Judgment, to convene the Legislature
and to obtain it's decision as to wheth-
er application should be made to the
president for protection. or an ade-
uuate law be passed for the organiza-
ton of state peace force which will
maintain order and protect life and
property.
individually I believe in the latter
course and that the good name of Ne
vada requires that it assert its SOW
ereignty maintain order. and protect
life and property within it's boun-
daries, and that its duty is plain. The
peace force should not be under the