Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-25

should De required Dy law, and nelIheI
the management nor the employees OF
a public service corporation should IN
der any circumstances be permitted TO
paralyze or otherwise interfere with the
powers Of the public for the transporta-
ton Of persons and property, or for any
other service for which the corporation
was chartered
I, therefore, respectfully impress upon
you the. importance Of enaeting such
laws at your present session to the end
that the masses Of the people shall not
again suffer from the acts Of any who,
for their own selfish interest. would i'm
pede commerce. travel or other public
need or convenience. And the same law
should govern every factory wherein
capital and labor come in conflict.
I also respectfully suggest that you
amend Section 1854 Of the Code Of Geor-
gia by requiring the Railroad Commits
sion TO promptly advise the Governor
of the stoppage Of performance Of the
duties for which it was chartered by
any public service corporation when
com limitations Of persons unlawfully pre-
vent its operation, thus damaging the
interests Of the public, and that he
thereupon issue proclamation requir-
ing the sheriffs Of all counties in which
said public service corporations work
ing property lies to summon posse COM
tatus TO protect said corporation in the
performance Of Its chartered duties; and
that, in the event the resistance to law
by dtsOrderly parties be too great for
the civil authorities in any county or
judges, sheriff or sheriffs shall promptly
notify the Governor, who shall there
upon use the militia, or such portions
Of it as may be needed. to enforce the
states laws which require the operation
u said public service corporation or
corporations for the welfare of the peo-
pie.
Suspension Of sherlffs.
I also respectfully suggest that you
enact a law authorizing the Governor
n EIlCnnn1 a UThanpUpf he NJ Ia
It proven that said sheriff has willfully
failed to do his duty in protecting the
people of his county against acts of
law breakers, and to appoint a sheriff
to serve until after a new sheriff is
chosen by the people at the next regu-
lar election.
Such a law prevails in several other
states. and that 1t Is needed in Georgia
was proven in at least one glaring in
stance during the period Of the strike
on the Georgia Railroad last year.
It should be furthermore provided that
sheriff thus removed shall not be elig-
bic for election to any office in the
county Of his residence until at least
TWO years after he has been thus re-
moved by the Governor.
Laws Affecting the Militia.
The Constitution Of Georgia, Article
10, Section l, says:
"A well regulated militia being essen.
ial to the peace and security of the
state, the General Assembly shall have
authority to provide by law how the
militia Of this State shall be organized,
Differed, trained, armed and equipped;
and Of whom 1t shall consist"
The words essential to the peace
and security Of the State" are proof
that the makers of this Constitution,
which we have taken an oath TO exc
cute, deemed that there were likely to
come crises in which the civil authori-
ties would not be able to maintain
peace and protect life and property.
The genius, the very soul, of that Con-
Hff ut 10
paragraph proves that it is a self
bridled democracy. It's provisions leave
every law-abiding citizen fullest lib
erty for eXerting his powers in any
legitimate occupation, but places a con
slant curb on crime, with penalties to
be applied to every one who viii in
terfere with the rights Of those who
obey it.
The great minds which made it real
lied that attempts to supplant or de-
throne the law must not be temper
lied with. but must be promptly met
by trained force which would maintain
protection to the people through the
supremacy and majesty of the law.
Creation Of Mlitarsm.
Hence they have clothed your honor
lble bodies with the authority above
indicated and by plain inference have
made the same your duty.
Therefore, if the use OF the militia Of
the State be "militarism" 1t is clear
that the Constitution creates mill
tarism" and ordains that such shall be
the instrument of its enforcement
when lawless elements in any commu-
authorities set that Constitution and
the statutes at defiance and imperil the
lives and property Of the people The
same Constitution declares that PRO
lection to person and property is the
paramount duty of government and
q be impartial and complete" This
is but an amphtication Of the ancient
maxim: The safety of the people is
mr. anna 10 N1f'
And we must not ignore the fact that
on her Great Seal of State, amid the
columns, Wisdom, Justice and Moder-
alton" which uphold the arch of the
Constitution, Georgia presents to the
worlds view the figure of a soldier
holding a drawn sword, thus symboliz-
ing the fact that inside the very temple
of peace she holds the type of martial
power. power loyal and ever ready to
protect that Constitution and the
peace which 1t commands.
Use of the Militia
During the past summer and fall, the
use of the military was called for, in
the manner prescribed by law, TO pro-
tect the public against lawlessness re-
sulting from the strike by street car
employees in Augusta; and also from
threatened attempts to prevent the
process Of the States laws in Cum
ming, Ga.
1t was a deplorable fact that in Au-
gusta three persons put themselves in
INSTRUMENTATION TO the military law, one,
if not two, of them in an open and de-
hant manner intended to lead to de-
struction, by mob, Of property in Gus
tody of soldiery placed by the State to
guard it; hence, were killed in the ex.
ercise of their unlawful acts. No one
except these can be blamed for their
deaths.
Deeds done in defiance of the military
law must necessarily meet penalties
Just as deeds done against the civil
laws must meet the same 1t is well
known that extreme acts OF violation
of the civil laws have for their penalty
death, and this, when dire necessity
comes, the State infiicts.
Militia Not a Bluff.
1t can not be admitted, therefore, that
when lawless parties, by threats Of in
cendiarism and personal violence, ter
rortze a community and prevent the civil
authorities from enforcing the laws, and
The military is called out, that the lat
ter should be instructed to refrain from
rigorous measures, even from the in
Fiction Of death, for the protection of the |
peaceable and law-abiding members of
the community. The Constitution mani |
testify does not intend that the militia
II be used simply as a bluff
Such use would put the Constitution
self in contempt and absolutely invite
anarchy. The very word militia" car
ries with it the knowledge that its wea-
pons are guns and other means of de-
,trOying life II extreme necessity for Sc |
'uring impartial and complete protec- |
ion for the law biding so demands
he Constitution provides that the sher-
a M