The Montgomery advertiser., 1908-08-08
Judge Weakley Gives His Opinion. CAN USE MILITARY AND
 AND RESORT TO FORCE Shots Fired Into Train tn Mining District.
 - Three Men Were sees Running from the Side of the Tracks, But ceald Not Be Apprehenaed--
 No one Hurt.

Birmingham. Aug. 7.-(SpeeiaI. )--- Five shots were fired into the train of the Louisville and Nashville Rasl- road this afternoon between YcIande and Brookwood. in the mining district. tortunately no one was hurt. Three men were seen running from ths. side | Of the tracks but could not ha muura- hended. The shooting was done in l Tuscaloosa County and the sheriff there l has been notified.
 Sheriff Higdon announced at noon that with the exception of at one place. | Mary Lee. things were moving along peacefully. The miners at Mary Lea | 1t was reported. were holding meet 1 ing and had threatened to march ak- forwards. in direct conflict with the orders issued this week by the Sheriff who practically put in martial law. Military were sent out as we'll as re- enforcement of deputies to sec that there should be no violations of the or- ders issued by the Sheriff. and noth- ing out of the ordinary happened. Reports received from the military throughout the district were to the ef- feet that everything was moving along | smoothly.
 Lieut.. c. E. Lemont. memhar of the staff of Major Han r. NohIe. re- ceived a broken arm and was other
 
 bile accident He was speeding up Av- enue in the city, going 10 AvondaIe | to get Captain Price for a trip out to l Flat Top. when the car coIllded with l wagon and turned completely over. In | the smashup Lieutenant Lemont was | Injured. He was hastily carried to tho hospital where his in1uries are being | treated.
 Jake Burros, one of the Italians who | was held a few hours by the deputies | who chased men in connection with the l dynamiting of the homo of John Ghur~ | leo at wyaim, this week. has fsled suit for s50.000 against the Tennessee Coal. | Iron and Railroad Company. his aliega- lions beinH that he was dragged from his bed and hanged to a tree for sew erAl seconds and that he suffered much
 Govefnor Conner today gave out letter received from Judge 6. D. Weak Hey who was asked for advice aB Co the rights and powers and duties Of the Governor during a atrike or during disorders in the State. The communi- cation is quite lengthy but very pointA
 The arrival of the troops from Chick l amauga is now awaited As soon as the soldiers Of the ist and End Regi- ments arrive. conference wiS be held and they will be distributed at once into the field. Those of the present | foroes who wish to be relieved. from | further duty will in all probability De given the opportunity of returning to their respective homes.
 win Evans. a member of the cavalry company on duty in the Blue Creek re- zion. was carried to the St. Vincent | Hospitai in the city suffering with ty- phoid efver. He Is not believed to be fatally i'll,
 Governor Conner, in commenting on | the opinion given by Judge Weaklexs
 T requested Judge weakIey to ln- | vsstigate the constitution and laws Of | Alabama and to advise me as to my powers and duties in reference to cali- | ing into service State troops to enforce | the laws and to preserve peace. ands | further, as to the powers of such troops when employed to aid the civtI ofa- cers in maintaining the law. The wriS- ten statement by, Judge Weakley has been furnished me and I publish it Tor l inc Information of all concerned. Ie l will be placed In the hands of sheEim Higdon and the cfficers commanding the troops and they will be guided there by"
 Hon. B. B. Conner. Governor. Birming-
 Dear sir-In response to your re- | quest that I examine the constitution | and laws of the State of Alabama, and advise you in writing aa to your pow l or and duty in respect to the enforce- ment of the laws of the State. when the militia or volunteer forces are called out by you to execute the laws, and what powers such forces may ex- ercise when SO called out. have to say;
 Section 8 of the constitution of Ala bama provides that the Governor shalI take care that the laws be faithfully executed; and by Section iS1, the Cow ernor Is made commander-tn-ohter or the militia and volunteer forces of me State. and he nav call out the same @ execute the laws. suppress insorfec7 tion and repel invasion.
 Article 1 of Chapter 26f Of the code | of Alabama of 1907 (Sections 7sse-74l1l ] relates to the employment of military forces to preserve the peace and enc force the laws.
 that certain civil officers ltherein named) may call on the Governor for troops when they have reasonabla cause to appreaend the outbreak of any riot, rout. tumult, insurrection or combination to oppose the enforcement of the laws by force or violence, which cannot be speedily suppressed or ef- fectually prevented by the ordinary posse comitatus and peace ofncers; and if the Governor. deems the apprehen- sion to be well founded, 1t is his duty to order out such portion of the mili- tia or volunteer forces of the State as he may deem advisable for the proper enforcement of the law and the Gov l ernor may direct the officer in conn mand of the troops to report to the officer making the application and to obey the orders of such civil cfficer or, If the Governor deems 1t adviaa- ble. he may specially instruct the of. hcer in command of such troops as Ia the duties required of them. and ma direct their execution under tho imtaa, dIate control of the Governor; and bx Section TAOS. it iS provided that In ai cases. the Governor may direct euei militia or State troops to pereorrr their duties under his immediate or ders.