The Birmingham age-herald., 1908-08-01
Judge Jones In Charge At That
 Time As Governor
MARTIAL LAW VERY SERIOUy
Judge Comments on How Affair Was Handled IA Years Ago Under the Statutes Without Resort
 To Martial Law.
By HERVEY w. LAIRD.

Montgomery, July. 0l-NSpecldl-J- He strike of the miners of the Birmingham district recalls to all Alabamians the serious strike situation that existed there in 1894, and the difficulties which the au- thorities had at that time to handle the disorderly element. The trouble on that oc- casion was twofold. The strike of the railway union, following closely on the heels of that of the miners, made it doub- ly difficult and brought about the pres ence of the entire military forces of the state for several months during the spring and summer
 Thomas G. Jones, now judge of the United States court for the Middle DIS trict, and resident of Montgomery, was at that time governor of the state. and a complete report of the campaign is found in his message to the legislature and printed in the journal of the house of 1S94-O5. He was able to save the state a great deal of money by ordering the practice camps of the Third regiment at Ensley The First regiment was there for eight days and the Second and Third for the same length of time, respectively. Their presence had a great deal to do with holding the unruly and disorderly element in check. However, 1t was later found necessary to order all the men into service and they were kept there for
 
 that could be practced at a total cost of $35, 000 to the state.
 Question of Martial Law.
 At that time the question of declaring martial law was brought up and urged by a great many of the leading citizens as a means of preserving property and keeping the peace. Gov. Jones took the position, and he was supported by good many of the leading lawyers, that martial law could not be established in the statC In times other than actual warfare with out coming in conflict with the constitu. ton.
 As a result of this position the situ- ation was controlled under authority of the statutes which provided for regulat- ing the passage on streets, closing sa- looms and places where firearms and explosives are sold, during times of riot and disturbances, and generally making use Of laws at that time is existence.
 A well-known lawyer and jurist says: Few people realize what martial law means. It puts the will of military commander for the time being above all law. This commander takes the place of the legislative. executive and judicial branches of the state and the state con- stitution.
 'The constitution is full of provisions which forbid martial law. It says The military shall in all cases and at all times be in strict subordinance to the CIVIL power; again, No person shall be ac- cused, arrested or detained except in cases ascertained by law and according to the form of the same as prescribed 1; again, The privilege of the right of ha- beas corpus shall not be suspended by the authorities of the state; again, The right of trial by jury shall remain in violate; again, No power of suspending laws shall be exercised except by the legislature.
 This lawyer takes the position that the enforcement of martial law is impossible so long as the privilege of the right of habeas corpus remains. What a farce, '" he says. "the attempt to enforce martial law against suspected dynaniters and murderers when they can neither be ac- cused arrested or detained except in cused arrested nor detained except in to the forms it has prescribed while the right of jury trial remains inviolate.
 Judge Jones Seen.
 When seen this morning Judge Thomas G. Jones talked interestingly of the cam paign of 1894 and his connection with it.. As soon as he was notified of the trouble he went to the scene and remained there practically during 1t all. Following the strike of the American Railway Union on July he issued proclamation calling on the authorities to exert their utmost efforts to preserve the peace. On his ar rival in Birmingham the next day he brought about the distribution of the troops for the protection of the proper ties of the railroads and to keep the peace of the community.
 He said today that he was able to do this by authority of the statutes. but it haa tol, outat hn n had had the right under the constitution to declare martial law. That would have given him more latitude and made it pos sible for him to have handled the situa- tion with greater ease and possibly with less expense. 'I believed that 1t would have been quicker if I had been able to have instituted an emergency situation of this kind but I could not do so ac- cording to my constructions and that of other prominent lawyers, of the consti- tuton.'
 In his message to the legislature Gov ernor Jones paid high tribute to the services of the military and to the sup hort rendered in the cause of law and order by the citizens of Birmingham and Jefferson county. This part of the gov ernor's message is one of the most able contributions to the legislative literature of the state. It makes particularly in- teresting reading for Birmingham just at this time.
 ->~~~~~~~~~~~~~~-~ ~~~-~~-~~~-~-->->-- iaries Investigation will prove the truth of this statement and in this direction inyestigation and detection are now in order.
 It Is noticeable that the present strike of the miners of this district and its peculiar methods do not meet with the approval of real artisan union men and craftsmen of other callings. As rule they frown upon 1t and condemn it as being uncalled for. untimely and with out practical reason. Real unionism does not tolerate unjust demands and scorns acts of lawlessness as means of ac- complaining any end. Real unionism means good order and perfect system, and not the destruction of life and prop erty- .,1ls.I..fl zl lai