Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-05-27
There Was no Request for Sol
dierS from Judge, Mayor or
Sheriff Where Durham Mines
Are Located
GOVERNOR WAS ASKED
BY OWNER OF MINES
Trouble Was Greatly Exagger-
ated, So Press Dispatches
Say, and Legality of Action
of Governor is Questioned

Without any formal authority, 50 II Is
said, and setting new precedent in this
direction, Governor Brown. at the behest
OF private citizen, on Wednesday night
ordered a company of militia to go to the
Durham mines, at Durham, on the Ten
nessee line, to quell an alleged rios which
subsequent reports seem to indicate did
not exist.
Governor Brown said Thursday that he
was notified the night before
by the owner of the mines. that
| trouble existed there. The re-
port had it that the miners were in mu-
tiny. had threatened the life of the. SUI
perintendent and to dynamite the mines.
This report came to me about
O'clock" said Governor Brown. II tried
to get hold of Adjutant General Scott.
so that the matter could go through the
regular military channels. He had moved,
and 1 was unable to find his telephone
number.
CALLED UP SOME FRIENDS.
81 then called friends at Rome by
long distance, and was told of the report.
Thinking the matter an urgent one.
called up Captain Meikleham. at Lin
dale, and he agreed to take a company OF
militia there this morning.
Subsequently, about 10 o'clock, got
in communication with Adjutant General
Scott and turned the whole matter over to
him.
mo one is gladder than l. that the re-
port seems now to have been exagger-
ated."
Attorney General Hart was asked
Thursday what authority a governor had
to call out troops, but he declined either
to express an opinion, OF cite the law
in the case.
Hon. Hooper Alexander, a lawyer well
versed in such cases, was asked about
1t, and he said that in cases of violence
where troops were needed, the governor
acted on calls either from the Judge or
the superior court, sheriff OF the county
or mayor of the city where the truble
occurred. or other officials. which the law
prvides. in the absence of the three
named.
The governor, in acting without any
such authority, has set a new precedent.
SOLDIERS ARREST MINERS.
A dispatch from Durham says that
Captain Meikleham is causing the arrest
of all the italian miners at Durham.
While exact figures are not obtainaDlv.
the expense of sending a body of troops
must be borne by the state.
HOOPER ALEXANDER'S OPINION.
Hon. Hooper Alexander says:
The civil authorities are made by our
constitution superior to the military and
this provision is the crystallized result Of
centuries of struggle by the men of our
race for their protection against arbi-
tray and oppressive authority The
preservation of public order is entrusted
to the local civil authorities The reclx-
less and unnecessary mobilizing Of milf
tary forces to preserve public order and
the public peace is a grave infraction VI
the rights of individuals. Our laws care
fully and jealousy guard against such
things and they can never occur where
the civil officers observe the charter OF
their legal duties and stay within the
limits of their lawful powers
by the act organizing our militia thu
governor may in his judgment and dis
erection call out the militia upon the
reQuisition of the judge of the superior
court, or of a city or county court. or OF
a sheriff or mayor where there exists In
the jurisdiction of such officer insurrec-
ton or riot which in the, opinion OF such
officer cannot be speedily suppressed Ly
the ordinary posse comitatus and peace
officers.
Even on such a requisition made, the
governor should be exceedingly cautious
in setting aside due process of Law, and
the reason is obvious. The men OF our
race do not readily submit to mere brute
power. and there is always far more
danger from the wrongful use Of military
force than from discreet reliance on the
civil authority. 1 know nothing as to
the facts of the matter that prompts
your inquiry, and 1 hope the governor
has not allowed himself to intervene I'M
lawfully between mere conflicting civil
interests