The Montgomery advertiser., 1908-08-08
c0MER SEEKS ADVICE
Ynontinnea fron. rase one.l

sc.nt,n.es from, Pase one1
 ~eryfce being, in general terms, .o to fierce inc laws of the ssate nreserve the peace, It follows ..a s,,- sari1y that such troops n1 rasv Inc ,s-s.ssarv to Accomplish the resuit con, es-n~Iafed by the Constitution ana ~fatrtes. An important part ei shsl S.3@w ana which is expressly oeIlnoo ~- statute fs that of dispersing rloc, s,sn.,'lf or other lawless or uniawtu, asnsubay or combination, organlsou fe oppose the enforcement or tne iA"s by force or violence
 Commander to Disperse.
 S.c.,on 7 4O0 of the code provides .hst hsfere using the military forces = a,sner4e such anlawfui assempies nr cnnahina tions, the civil otflcer aP v,,vtrg fol the governor for the callins n,,t of inc military force. or some other conssrvator of the peace, or 1T none ps present, then the officer m coIhInane anu Of the troops. or some person py y..s mn, s1n,,tsd shalis command the persons composfng such riots, tumults or un- awful assemblies to disperse ana re- slra peaceably to their respective abodes and business; but 1t IS pro vided that it shall not be necessary 70 use any set or particular form oI words to order the dispersion or any riotous, tumuituous or unlawful as, sembly. nor shall any suen conli1,anu .sar- he necessary where the officer or per son. in order to give 1t, would neces- sarily be put in imminent danger ot loss of life, or great bodily harm, of where such unlawful assembly or moo sa engaged in the commission or per petration of any forcible or atrocious Felony, or in assaulting or attacking L.fnT- -oaa a called to aid in the preservation of the peace, or is, otherwise engaged in actual violence to persons or property.
 Section 7401 makes 1t a felony for any persoh or persons composing or taking part in any such riot, tun1ult. mob, or sawless combination or assem- ply, .bereinabove menttoped. after be- an8 duly cemmanAed to disperse. will fully and intentionaliy to fail to do so as aoea as, practicable, and yfolators of 4his section may be imprisoned in the penftentiaRy for not more than two years nor less than one year.
 Section 7ses provides that after any person or persons composing or taking part. or about to take part, In any tu- mutt or unlawful combination or as- sanably mentioned in the article shall have been duly commanded to dlsperse, or where the cArcumstances are such that no such command is requisite ur- der fhe provisions Of the article, the civil oficer to whom such military xorcb as ordered to report, or If there be nc such civil officer present, then such military officer Cor if such com- snand Is acting under the direct order .of ehe Governor, then such ofaeer within tho limits provided ia his in, Ntructi0rs) shall take such steps and make such disposition for the arrest. .dsspenaion or QuellinE of the persons Irarnposing or taking part in any such RuMlit. outbreak or uHlawful coInbi- nation or assembly as may be deemed ire1Aisi1e 10 that end; and fl, in so de- AnR any person ts killed, wounded or kAerMise injured, or any property tn- l5nrsd 6r destroyed. by the civil ofiicer, or officer or member of the militia. or other person lawfully aiding them. &hey shall be held guiltless in all cases, unless 1t be made to appear that such killing, wounding or injury to person. or injury or destruction or destruction and without any seeming necessity or Section 7aos provides that any per Bonswl1o efnlaw4uIly assaults or fires at orsflsTcw any missile at, against or upon any member or body of the mill tia or State troops. or civil officer, or other persons lawfully aiding them atA&t%aAAs N-13IAAAAA-tA purpose Of performing any duty under the provdsibns of the article. must on conviction be imprisoned in the peni- tentiary for not less than two nor more than nys years.
 Section 74o4 declares that if any portion of the militia or State troops, or any person lawfully aiding them h the performance of any duty un- der the provisions of the article, are assarlted. attacked, or are in iEnrni- nent danger thereof, the commanding ofAceg. of such militia or State troops need not wait any orders from any civil magistrate, but may st once proceed to quelI such attack. and take all other needful steps for the safety of his command.
 Section T406 confers upon the civil ofacer under whose orders the State forces are ecting, or the commanding ofacer Of such militia or state troops. whom the same have been called Into service. the power, if 1t be deemed advisable, in subduing or preventing an outbreak. to prohibit all persons from occupying or passing on any street, road or place in the vicinity of the pAaca where the outbreak is threatened. or where tha troops may be for the time being, or otherwise regulate pas- sage ana occupancy of such streets.
 
 being duly informed of such prohibit tion or. regulation, who wiifully and ntepttenally. and without any lawful exouse. attempts to go or remain on such --street, road or place, and fails to depaxt after being warned to do SO, 1s guilty of a misdemeanoF, and must, on conviction, he fined not more than one. thousand dollars, and may also be imprisoned in the county JaHl, or gentenced to hard labor for not mora than one hundred daysi ana in such cases the officer in command of the troops or militia, may forthwith ar- rect persons so offending, and turn them over to some civil magistrate.
 Change of Venue.
 By Section 74l0 a change of venue 1B allowed to any civil or military of- deerT or member of the State troops, or any person lawfully aiding them fin the performance of any duty re- quired under the provisions of the article, when indicted or sued for any injury to person or property, in en- fdeavoring to perform such duty; and ssE is made the duty of the court in which such indictment or suit is pend- Ing. upon application of any person sSo indicted or sued, to grant a change Pog venue.
 Since one of the important fune- tione to be performed by the State troops fin the dispersion of any un- lawful assembly or combination. men, I, fioned in the Article, 1t Is necessary to inquire what constitutes such un- lawful assembly. Some idea of the meaning of an unlawful assembly may be obtained from Section 7721 of the criminal code of Alabama, which ia