Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-05-31
SHERIFF UPHOLDS
LAW IN ARREST Of
MINERS At DURHAM
SuStainS Contention That Gov
ernor Exceeded Authority in
Sending Troops Without Call
and Demanded Warrants

| That Governor Brown acted without le-
! gal authority in sending troops TO Dur
ham to quell an alleged riot of miners
employed there. is borne out in part at
/ least by the action of Sheriff Germany,
of that county, who not only refused to
| give Captain Meikleham, of the militia,
receipt for the miners he had arrested,
I but also declined to accept the custody of
! the prisoners without warrants charging
/ some offense.
This action resulted in a clash which
was settled finally by one of the owners
of the mines and his counsel swearing
out warrants charging the men with riot
ing and trespassing. These warrants,
however, were subsequently withdrawn
! on the miners promising not to return
| to the mines.
| The troops have returned to Lindale,
and the affair now resolves itself into
speculation as to what authority the gov
ernor had in ordering out troops without
the authority prescribed by law, and
putting the state to an expense which was
considerable.
The following section, which is section
20 of the act of 1906 reorganizing the
militia, prescribes the governors author
| ity as follows:
Be it further enacted, Whenever any
judge Of the superior court or city
court, county court, county sheriff, mayor
of an incorporated city, town or village,
in this state. whose authority shall rank
in the order named, shall have reasonable
cause to apprehend the outbreak of any
riot, rout, tumult, Instruction, mob I'M
lawful assembly, or combination to en-
force the law by intimidation, force or
violence in the jurisdiction of which such
officer is by law a conservator or the
peace, which cannot be speedily sup
pressed or effectually prevented, by the
ordinary posse comitatus and peace Of
flcers, it shall forthwith become the duty
of the Judge, sheriff or mayor to report
the facts and the circumstances to gov
I ernor and to request him to order out
such portion of the militia of the state
as may be necessary to preserve the
peace; and it therefore shall be the duty
of the governor, If he deems such appre-
hension well founded, to order out, or to
direct to be held in readiness, such por-
ton of the militia of the state as he
may deem advisable for the enforcement
of the law; and he may require the Of
ficer of the troops to report to such
civil officer as he may direct, and to
obey the orders of such civil officer; or,
If the governor deems it advisable. he
may specially instruct the officer in
command of such troops as to the duties
required of them, and to direct their ex-
ecution under the immediate control OF
the governor.
an grafton of remarkable beauty and
1t will be seen by this that the governor
not only may not send out troops on the
call of a citizen, but he may not so even
on his own discretion, unless so asked by
the authorities named.
Another section allows the authorities
to order out troops without the COVER
nor's direction in cases of emergency,
but nowhere does it allow the governor
this discretion.
Friends of Governor Brown declare that
he was authorized to call out the troops
under section IA, which in part, is as
follows:
"Be it further enacted, the governor
shall have the power, in case of insur-
rection. invasion, ETC., to order into the
active service of the state any part OF
the militia that he may deem proper"
For the proper understanding of this
section, however, 1t is necessary to state
that the act of 1905 revised the acts regu-
lating the militia. 1t called, to begin
with, for an active and reserve force;
one to be regularly organized, the other
to be held in reserve.
The latter force has never been mus
tered It will be noted that section IA
authorizes the governor to order into
active service of the state any part Of
the militia that he may deem proper"
This means that he may make the re-
serve force part of the active force. or
militia. It does not mean, however, that
ne may order the militia into active duty
except on the call Of the authorities.
Had this not been the case. there would
have been no necessity for section 20,
which specifically says that he must send
out troops only on the call Of the proper
authorities.