Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-07-29
GOVERNOR BROWN AND THE
ITALIAN "L1NSURRECTTON"

a
asking of the conditions which
called ordering the to the mines of the
Lookout Coal and Coke Durham Walker
county, Georgia and specific which he acted the
the house Monday last special message on
We have read the message and accompanying
fully and without prejudice and accepting the facts as set forth
by the literally true compelled to take issue
with him, and forced to condemn his action.
Because facts forth by him do not show such con-
dtiOn of affairs justified the of the military OF the state
THE ordered the military forces
POSSESSION these facts his
showing that he has been gathering them late July 81
Because admitting all the facts alleged to be true ana con
cedg he acted
in violation of law and without authority BY law in mot FlSr
The facts stated by the and upon which he states
he acted follows:
The president of the mining company Phoned the governor
from Chattanooga Tenn that deputy sheriff of Walker county
John Mitchell talk phone and asked him
Engsh) to to the governor that Italian miners at
of that they had threatened his life and that
of of the oen that because of these threats they had LETT
the mines that there was much uneaness among tne I'LL
and their families because the Italians had threatened TO dow
him send troops The governor apparently doubling if the
above facts Instruction umut breach Of the
he asked Mr. English if the situation REALLY so GRAVE
as to call for the Of the %ay and Mr. English
This according Governor Brown, all the information
he had and it, without consultation with any one he gave
orders for the military proceed The then claims that
l. Under Art Sec Par II of the constitution The gov
shall be of the and of this
state and of the militia thereof"
Art g. Sec l. Par II: HE shall be conservator OF the
peace throughout the state
Section Military Code of Georgia. acts of 1905,
page 1877: governor power of nsurrec
ton INVASION tumu the peace imminent dan
thereof order the active service of the state part
of the militia that he may deem proper
The all of the facts reported to the and all
of the law under which he claims to have acted.
Unless these facts demanded and these laws authorized his
action he stands condemned of nexcusbe haste and ignorance
and mpeahabe disregard Of the civil law Of the state On
THIS STATE THEN OR SINCE, DIRECTLY ASKED HIM TO
SEND TROOPS voice to be that OF rR ne %
THE STATE LINES SAID that deputy sheriff at his side out
side of Georgia, asked him (Engish) to phone.
English did according to the tell him that this
deputy sheriff also his emPoye and paid by him. The cover
could English takng he did know
that the alleged trouble Engsh mne he could not know
that deputy sheriff of Georgia by Engshs side too
Walker county, Georgia. that this officers duty to be
there and Tennessee presumably he did not know that
he did know that in 1908 legislative committee
essees in the habit of hiring their
KNOWN, BUT HE OUGHT TO HAVE KNOWN, THAT Hat
STATE AND THAT SUCH REPORTS SHOULD COME FROM
THEM AND NOT THEIR SUBORDINATES.
If mere threats Justify the calling out OF the military they
Georgia Angry dspuants THREATEN" mischief to life and
property daily in Georgia and the commones procedure the
tmd citizen peace warrant Going
this constitutional commandernchief of the army and navy
state and even the RESERVES cases. wrinkle
about the law No disputes the correctness of
the constitutional quotation the the commander
nche and that he is the CONSERVATION of Of But
suppose the governor instead CLEARING THE VOICE OF
baloddo Chcicec deputy sheriff
could the have ordered the military then and
there and bndd and shoot him dead OF
course not makes the commander
n-che that murderer trial by law His life could
only legal and conviction and by lawfully
appointed methods of procedure
the governor displays ignorance of the law
the in his quotation from section IA of the Militia Act OF
1905.
'the vital descriptive Importance.
entirely fails the meaning of the clause
which quotes upon which he relies for justification
The act reorganze the military forces of
the
Section declares militia of the shall consist
male citizen of the state between eighteen
and fory-fve years of age"
Section declares the militia of this state shall be divided
into two classes ACTIVE and the RESERVE MILITIA.
sThe ACTIVE shall consist of the organized and uni
formed military of the state"
RESERVE militia shall consist of all those liable to
militia but serving in the national guard 1.-THE
active mitia), etc.
Now keeping the above mind section IA follows and
all of