Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-07-29
the militia that he may deem proper.

of the militia that he may deem proper.
| etc"
The previous sections of the act Great
| ing and regulating the military arm of
| the state, merely refer to the compost
| tion Of the Georgia military-active and
| reserves; and section IA only provides
/ that in times of instruction, etc, the
| governor shall have power to call Into
! the active service of the state any part
of the militia that he may deem proper"
that is. either the "active" or uniform
! ed national guard, or II they should
! prove insufficient, he may call out the
| ''reserves"-which latter constitutes ev-
cry able bodied male citizen of the state
| between the ages of Is and 45 vars not
| specially exempt -.'
+, But when and under what circumstances
| the governor is authorized to send out
| the military to Quell riots unla wful dis
! turbances, etc, which the civil authori-
ties prove unequal to quell, is provided
in section 20 Of the same act Of 1906
which the governor appears to have
overlooked. Section 20 is as follows:
Section 20. Be 1t further enacted,
Whenever any judge of the superior
court, or city court, county court
county sheriff, mayor of any incorpor-
ated 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,
unlawful assembly or combination to
oppose the enforcement of the law by
intimidation, force or violence, within
the Jurisdiction of which such officer
Is by law a conservator Of the peace,
which cannot be speedily suppressed or
effectually prevented, by the ordinary
posse comitatus and peace officers, 1t
shall forthwith become the duty of the
Judge, sheriff or mayor to report the
facts and the circumstances to the gov
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 1T thereupon shall be the
duty of the governor. If he deems such
apprehension we'll founded, to order
out, or direct to be held in readiness,
such portion Of the militia of the state
as ne may deem advisable for the en-
forcement Of the law; and he may re-
uuire the officer in command of the
troops to report to such civil officer as
he may direct, and to obey the order 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,
and to direct their execution under the
! Immediate control of the governor.
Section 81 provides that IL the gov
ernor for any reason cannot be promptly
communicated with, such judge, county
sheriff, or mayor may themselves call
out the nearest military company. 1t
will be seen that the law cited only au-
| trrorfzes the governor to send troops
upon the reuest Of judge. county
! sheriff or mayor. Evidently the leg
= I l.. -
portarit - "a function should de-
fvolver upon a deputy sheriff, The law
| makes a vast difference between sher-
| IF and deputy sheriff. One is elect
ed by the people, Is generally respon-
sible, level-headed, courageous man,
whom the people instinctively trust to
preserve the peace in times Of emer-
gency or disturbance.
A sheriff must give bond to the state in
the sum Of $4,000. A deputy sheriff does
not give any bond to the state-only gives
bond to the sheriff, the sheriff being per-
sonally responsible for his deputies acts.
The sheriffs commission issues from the
governors ofice-the deputy sherifr's ap-
pointment does not, nor is any record Of
such deputy's appointment filed in the
governors office, hence, the governor has
no means OF knowing, when called upon
for. troops, by an alleged deputy sheriff
that such person is in fact or in law, a
deputy sheriff, and, on the night In ques-
ton, Governor Brown had no official
knowledge that this man Mitchell was a
deputy sheriff
Deputy sherifrs, as has been noted
above, are often employees Of corporations
or private citizens-are often obscure and
incompetent land in the case OF Mitchell
according to Germany, drinking man.
And II would be most violent construc-
ton to place upon the. act of 1905, which
specifically names the county sheriff,
to say that special deputy sheriff was,
also. in contemplation of the law-making
power one OF the officials authorized to
call upon the governor for troops
A most dangerous precedent was there
fore established when the governor acted
upon the request Of Deputy Mitchell. and
the governor should be promptly advised
by the attorney general that a deputy
sheriff has no legal right to call upon the
governor for troops. 1t appears that the
high sheriff" Germany was few miles
away-was accessible-ready and willing
to respond to any call. and did promptly
proceed to the mines when finally called
upon the night of May Is, after the gov
ernor had ordered the troops to Durham.
. SO far as we are advised this is the first
instance where troops have been ordered
out In Georgia in such matters or
course. in any. case, however, a riot or
disturbance may be brought out, when
the civil authorities cannot quell such
disturbance, and anarchy and deadly riot
should exist or be gravely imminent, the