Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-07-26

is confirmed by the affidavit of Deputy
Sheriff Mitchell.
Our state constitution declares that.
Protection to person and property is
the paramount duty of government and
shall be impartial and complete" and
from the advices 1 received to the eff
feet that the lives and property Of citi-
zens of Georgia and OF their families
were imperiled. / felt IL my duty to
obey the constitution and act promptly.
The combination OF a magazine stored
with dynamite and other explosives in
sufficient quantity to have blown up
the mine and settlement, surrounded by
and virtually IN control of a lot Of an
cry italian miners, present a rather
dangerous picture. In such emergencies
no executive officer. charged with the
responsibility Of protecting human life.
has the right to pursue hesitating
or doubtful course.
The facts as presented to me indicat-
ed to me that not merely the property
and persons of the employers of the
miners were in danger. but of greater
Importance and concern was the threat
ened danger to the lives of a large num-
Der of native. law-sbiding workmen,
their wives and children. These native
workmen were in no wise involved in
the dispute and desired to go peaceably
about their daily work. but were met
by threats from the Italian miners. 1t
appears that members Of one family
through fear left their home near the
magazine and went by night into the
mountains to escape the anticipated dan
ger.
It Is true that these italians, while
within the borders of our state, were
entitled to the full protection Of our
laws, yet IL must be remembered that
experience with this class OF Italians
in other states OF our country to which
they have immigrated in large numbers
demonstrates the necessity Of caution
and promptness in dealing with them
when in a turbulent mood. General dis
cussion OF the subject Of immigration
during the past few years has proven
this idea to be a distinctive and sub
stantial factor in the public opinion II
this state.
As illustrating the difference in man.
ners and practices between these Ital-
mas and Georgians, even in the use or
arms, send herewith for your inspec-
ton large dagger and stilletto In
concealed case taken from these Italians
by officers of the law, who report they
were found to possess such weapons,
with shotgun cartridges loaded with
o. anarchy, of the black hand and Of the
Malta, with the other evidence adduc-
ed, force the conviction that the call
for protection by the military was not
based on vague rumor.
The troops were not sent to the Dur
ham mines to injure or deport or inter-
fere with the rights of any persons;
they were sent TO uphold the laws or
this state and to protect the lives and
-
the civil nor military authorities had
ought to do with the departure Of these
italian miners. 1nat was purely mat
ter of agreement between them and the
owners Of the mines, as is shown by at
fidavits herewith transmitted.
Your resolution requests me to lay be.
fore your honorable body the particular
law under which the action referred to
was taken. In reply 1 quote from the
constitution Of Georgia, article 5, Sec
ton /, paragraph IL:
The governor shall be commander-in-
chief OF the army and navy of this state,
and OF the militia thereof"
Also from the constitution OF Georgia,
article 8. section1 paragraph IL:
He shall be- a conser-
vator of the peace throughout the
state" Z
Second: I quote from the military
code of the state of Georgia, as fol-
lows:
Section IA. The governor shall have
mower. in case of insurrection, invasion,
tumult, riot, or breach Of the peace. or
Imminent danger thereof, to order into
active service OF the state any part of
the militia that he may deem proper
Georgia laws, 1905, page 1917 1
In conclusion, answering the question
in the last paragraph Of your resolution
I will state that inasmuch as the affi-
davits herewith sent prove that the
contingency to which reference Is made
was not a factor in the case under re-
view. any answer to tho Hypothetical
question would not be relevant
Respectfully submitted,
JOSEPH NJ. BROW,
GnNernor.