The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1912-10-18

their report win be useful to the next
legislature, ii it Is the right kind. This
report was signed by Judge John A.
Pitts, John II. Dewitt, Judge Hal H.
Haynes, o. X. Holiday, John Ii. Early.
w. q. M, Thomas, George N. Tillman,
T. A. Wright, J. r. Penland, James H.
Welcker, Judge Z. l.. Bullock, Judge
John Il. Mccall and G. T. Fitzhugh,
strong lawyers and jurists, and the
iriends Of good government.
The reason why our laws contain no
provisions for the handling of such a
situation as exists In our cities is that
the lawmakers of the state never
dreamed that such condition would
ever exist. In the enactment of Grim
inal statute it has always been antic-
pated that the statute would occasionally
be violated, and assumed that the con-
stituted authorities would perform their
duty in the arraignment and conviction
of the offender. 1t was never antic-
pated that the lawlesss would get con.
troll of the electorate of q county, and
elect set of local officials who would
enter office to nullify and not to en-
force the law. Having reached such a
condition, it il now the duty of every
good citizen to make determined fight
to remedy it.
The Remedy.
Can it be remedied, Yes. The situa-
ton as less discouraging here than it
has been in other states. For more than
thirty years the liquor laws were nulli-
fed in several towns and cities in Kan.
sas, but now they are enforced.
Our law in Tennessee is only four
years old, and its notification is con-
fined to four cities. If the state sur
renders to these four cities, the opening
wedge has been driven that will speedily
put the saloon back in all the larger
towns of the state.
If the people of the state will fully
grasp the gravity of the situation, as /
believe they do, and will form a line of
battle behind every law enforcement can
didate from one end of the state to the
other, we will win a victory at the polls
that will vest us with power to make a
finish of the business in the cities. We
will vindicate the supremacy of the law,
and break the backbone of this criminal
conspiracy against the state. We will
teach the thugs, crooks and grafters that
Tennessee is greater than any munich
pality.
How can these results be accom-.
plished?
BY a series of laws, only few of
which need be mentioned.
In the first place, municipal cor
ic ho %,.r nf hn n&o IN
The creature is not greater than the
creator. Let the laws be so amended as
to enable the state to intervene and
prevent the nullifcation of the state
laws by municipalities. The power to
intervene in local matters is not wanted,
but state law is not local matter.
There can be no question as to the legal
right of the state to amend these mu-
nicipal charters in any way it may see
fit. Nor can there be any question as to
the moral right and the practical neces
sity of the state taking such action
when the city authorities set themselves
up in open rebellion against the laws of
the state. Under our constitution it
would not be possible to confer upon the
Governor or any executive authority the
power to remove derelict sheriffs. This
can only be done by the courts, but the
present laws can be so amended as to
expedite actions against law-breaking
sheriffs.
Suspension of Mayor.
The legislature can, however, provide
for the removal or suspension of the
mayor of city. If such power were
hxy "a ,,t AZ
ment, I would not use it arbitrarily, nor
is it likely any Governor would. But
where the mayor of a city issued proc
lamation setting aside the operation of
state law in his city, or otherwise put
his municipality in rebellion against the
state, l would suspend him in less time
than it takes to talk about it, let him
be Republican, Democrat or what not.
Governor Harmon, of Ohio, who was the
choice of the regulars" of their state
for President, possesses the power to
remove mayor, and has used it for the
public good.
Not being able to use the militia to
suppress the prevailing lawlessness in the
cities, the legal commission already re-
ferred to recommended a law placing at
the disposal of the Governor the entire
civil forces of the state-thc sheriffs and
their posses-for the purpose of enforc-
ing any law that is flagrantly nullitiSi.
frequent arrests and confscation of fix
lures and stock would soon become tire
some to the lawless saloon.
law providing for the interchange OF
Judges would be wholesome. This has
been the system in North Carolina for
many years, and insures trials free from
local influences. | would like to see
Judge Erwin Davis hold criminal court in
Davidson county just once.
New Judgeship.
The quickest way to get at the situa-
ton in Nashville would be to create an
additional criminal judgeship. l think
| could put man on the bench who
would clean out the town in eighteen
months There would be fewer saloons
and gambling dens to bleed for campaign
funds when the time came to elect q
Judge.
A law comforting upon the Governor
and Acknowledgement of the state the
authority to employ assistants to the
district attorneys general to aid in the
enforcement of the laws generally, would
be useful. This power already exists
for the employment of assistant counsel
in specific cases, but not for general