The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1916-02-23
why BlLBO SENT
TROOPS TO COAHOMA
Cites the Law to Prove the Only
Course Open Was That of
Martial Law.


friends to reply to some criticisms
of his action in relation to the Co.
ahoma county incident, which
criticism seemed to be based upon
a misapprehension of his attitude
towards that controversy, as well
as a misunderstanding of the gov
ernor's official duty in the exigen-
cy there presented, Gov. Bilbo
this afternoon gave out the follow
ing statement:
"What is the use of trying to
confuse the question presented in
the Coahoma incident by irrelevant
and misleading discussion?
"That question presents exactly
two propositions, viz:
"First-Was it the governor S
duty to remove Sheriff Baugh?
"Second-Was it right to en-
ploy the militia in the discharge of
that duty?
Section 1887 of the code of
l9Ub READS as 1OllOWS:
" The governor shall have the
power, and it is his duty to sus-
pend defaulting state and county
treasurers and defaulting tax col
Iectors pending the investigation
of their respective accounts, and
to make temporary appointments
of proper persons to fill the offices
while such Investigations are be-
ing made.
BAUGH ADMITTED FAULT.
''Sheriff and Tax Collector
Baugh was charged with being in
default to the state in his accounts
in certain sums of money; it was
not only alleged that he was in de-
fault, but the truth of the charge
was practically admitted by him,
when he made good a certain part
of the shortage.
"This admission of guilt, how
ever, was not necessary to compel
the action of the governor; the
statute clearly says that it is the
duty of the governor to suspend a
tax collector against whom such
shortage is alleged. 1t is not op-
tional with the governor whether
he shall do so or not. The statute
is mandatory; it reads that: 1t is
the duty of the governor to sus-
pend such officer, etc., and the
executive was compelled to suS-
pend Mr.. Baugh under that statute
or violate his oath of office to -'ex-
ecute the laws of Mississippi.
Accordingly the order of sus-
pension was issued and duly served
upon Mr.. Baugh, ]. H. Fisher be-
ing named to take charge of the
office of sheriff and tax collector
until the truth of the charges
against Baugh could be investigat-
ed and determined. Baugh refus-
ed to obey this executive order; he
refused to turn over the office to
Fisher; he defied the executive au-
thority. What was the governor
to do? The civil authority of the
state of Mississippi, speaking ac-
cording to law, under the plain
mandate of the statute, was resist
ed, defied and flouted by an alleg-
ed defaulter, who in effect, thus
declared himself superior to the
law. What, then, was the govern
or to do? Confess that he was in
capable of enforcing the laws
where it was the pleasure of citi-
zen to resist them? Should he
have thrown up his hands and
said: 1t is my duty to suspend
Sheriff Baugh, the law says shall
do it, have sworn to execute that
law, but Mr.. Baugh refuses to
obey the executive order, and ! am
helpless. Is that what the people
of Mississippi expect of their gov
ernor?
LAWS MUST BE OBEYED.
"It is absurd to suppose that au-
thority can exist without power to
enforce it. The only force which
the law gives the governor for the
enforcement of his authority where
the sheriff resists it, is the state
militia. In this case the person re-
sisting the law was the executive
officer of the law himself; he was
the sheriff of the county, controll-
ing all local forces of law enforce
ment. How then was the execu-
tive order to be enforced, how was
the authority of the state of Mis-
sissippi to be rescued from con-
tempt and overcome resistance?
Was there anything else for the
governor to do, save to use the
only legal power at his command
to enforce the executive order and
maintain the dignity and authority
of the state, which was fiouted and
defed by Mr.. Baugh. Would any
citizen of Mississippi have him do
otherwise?
Force was not used to eject
Mr.. Baugh until Mr.. Baugh resist
ed and defied the executive author
ity acting in obedience to the law.
"No order of the Supreme Court
was served upon Mr.. Fisher en-
joining him from obeying the exc
cutive order to take charge of the
Office of sheriff of Coahoma coun-
ty. So all talk about resisting the
civil authority is not even respect
able nonsense.
"Mr. Bilbo is not factor in
this controversy at all. It is not