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

other service for which the corporation
was chartered.
I. therefore- respectfully impress upon
you the Importance Of enacung sucn
laws at your present session to tne emo
that the masses Of the people shall not
again suffer from the acts OF any VINO
for their own selfish interest, would I'M
pede commerce travel or other puDuc
need or convenience. And the same law
should govern every factory wherein
capital and labor come in conflict.
/ also respectfully suggest that you
amend Section 1864 of the Code OF Geor-
gia by requiring the Railroad Somnlis-
sion to promptly advise the Governor
| Of the StOppage of performance OF Ine
duties for which it was chartered by
any public service corporation Wheh
combinations of persons unlaWrully pre-
vent its operation, thus damaging tne
interests of the public, and that ne
thereupon issue a proclamation requlr-
| ing the sheriffs Of all counties IN Whlch
said public service corporauons WORK
ing property lies to summon posse com
tatus to protect said corporation IN the
performance Of it's chartered duties; and
that, in the event the resistance TO law
| by disorderly parties be too great Tor
The civil authorities in any county or
counties to overcome, the judge 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
Of said public service corporation or
corporations for the welfare of the peo-
pie.
Suspension Of sheritfs.
also respectfully suggest that you
enact a law authorizing the Governor
to suspend a sheriff whenever he finds
1t proven that said sheriff has willfully
failed to do his duty in protecting the
people of his county against acts OF
lawbreakers, and to appoint sheriff
to serve until after new sheriff Is
chosen by the people at the next regu-
lar election.
Such a law prevails in several other
States, and that it is needed in Georgia
was proven in at least one glazing in
stance during the period of the strike
on the Georgia Railroad last year.
1t should be Furthermore provided that
a sheriff thus removed shall not be elig
ible 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
"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 we're 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-
stitution is democracy, yet it's every
paragraph proves that it is self
bridled democracy. Its 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 will in
terfere with the rights of those who
obey 1t.
The great minds which made IL 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 MllitarIsm.
able 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" it 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-
nifty. contending only with the civil
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
be impartial and complete" This
is but an aInplitcation Of the ancient
maxim: THE safety of the people is
the supreme law"
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 symbolic
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 it 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-
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-
faint 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 inficts.
Militia Not a Bluff
1t can not be admitted, therefore, that
when lawless parties, by threats of in
cendiartsm and personal violence, ter
rorize 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
testify does not intend that the militia
Il be used simply as a bluff.
Such use would put the Constitution
tself in contempt and absolutely invite
anarchy. The very word militia" car
rtes with it the knowledge that its wea-
pons are guns and other means of de-
Uroying life if extreme necessity for Sc
curing impartial and complete protec-
ion for the law abiding so demands
We must not overlook the fact that
The Constitution provides that the sher-
II OF any county may summon posse
comitatus when the elements of violence
'reaten to subvert the law in his coun-
ty. But the militia is the States nosse
1on7itatus, to be used when the sheriff's
posse comltatus is too weak to protect
he ueaCe and good name Of the c,+a+a ~