Evening star., 1923-09-21
CAPITAL KEYNOTES
BY PAUL ". COLLINS.

In war news. the latest from the
front may be discredited before 1T
arrives, for conditions change momen-
tariIy. The oklahoma war" between
the regularly constituted administra-
tion by the elected officials and the
invisible empire" may at any moment
completely change the situation.
In the following remarks there is
no intent to discuss the Ku Klux
Klan with it's claims of justification
for taking action against individuals
who offend it. 1t is intended to
bring out q few legal phases of the
conflict. together with precedents Of
defiance of official administration and
the relation of the federal and state
governments in such crises.
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1t has been assumed generally that
the federal government had no con-
cern in state affairs. unless, a gov
ernor or Legislature calls upon the
general government for aid. confess
ing that the situation had got beyond
state control. Such, however, is not
wholly the, case, according to high
legal authorities. Precedepts of his
tory do not limit federal concern in
rebellion against state authorities to
cases of official appeal to the Pres
loent. A state cannot call on
another state for help, but can call
only for federal aid. The general
government also may decide to in
tervene without such a call from the
state. under certain conditions.
+ II
article Nv, section 4. provides:
THE United States shall guarantee
to every state in this Union a re-
publican form Of government, and
shall protect each of them against
invasion: and on application of the
legislature, or of the executive (when
the legislature cannot be convened)
against domestic violence"
On the face of the above, it has
been popularity assumed that the fed
eral government cannot intervene un-
I'll asked to do so by the legislature
or by the governor. if the legislature
cannot be convened.
In the present situation in Oklaho-
ma the Legislature could be convened.
controlled by the Ku Klux KIan,
against which all the fight is being
made. and if il were convened III
would seek to impeach the governor
for enforcing state laws against the
invisible empire warning against
the state and charged with terroriz-
ing the people. Hence the governor
refuses to convene the legislature
and threatens to jail members who
undertake TO convene without his
call.
In such situation, can the legisIa-
ture call for federal aid against the
governor and his martial rule by the
state militia. Or can the governor
call for federal aid without convening
the Legislature? Or. if both parties
fail to call for aid, can President Cool
! idge act, without such call from the
state? There are historical prec-
edents for the last suggested possi-
bility.
Prof. John Ordronaux, law profes-
sor of Columbia Law School, is a rec
dronaux's Constitutional Legislation,
page 327. says:
Having formed more perfect
| Union of republican states than ex
| listed under the Articles of Confedera
tion, ii was necessary to it's perpe
I
should be forever maintained as
sine qua non of state autonomy. Nc
broken link could be permitted IN
such a chain of political hegemony.
Since the adoption of the Constitu
| tion the question of deciding what
! constitutes republican form of gov
ernment has always deyolVed upor
| Congress. The question is a politica
one, and not to be answered in d judi.
cial tribunal: In the case of Luther
/ V. Borden. Chief Justice Taney said
1t rests with Congress to decide what
government is the established one il
a state. For, Is the United State:
guarantees to each state a republican
| form of government. Congress mus
necessarily decide what government il
! established in the state. before il car
determine whether il is republican
| or not
! This guarantee of a republican
| form Of government does not. how.
ever, designate any particular gov.
ernment as republican. nor is the
/ exact form to be guaranteed espe'
! cialIy mentioned
! THE practical Interpretation of the
! decision, says Taney is that a re-
publican form of government in 9
state means a political society which
/ acknowledges its subordination to the
| federal Constitution, and administers
| its government in manner especially
| provided in it's own constitution.
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The same author. Ordronaux, fur.
l ther says:
| ever prove inadequate to the re.
| establishment of its civil authority
/ then and then alone. can the genera
/ government intervene, either upor
! the application of the executive ol
| the legislature or as in the case OF
! o
| evidence of the overthrow of Lawful
state government. within the terms o,
/ the Constitution"
x 4
| That is exactly what President
| Washington did. in the case of the
| whisky rebellion in western Penn.
! sylyania in 1894. History relate:
/ that Gov. Miffiin was too timid ant
, vacillating to deal with the corr
| bellion against a federal tax or
whisky. Because of lack of transpor
1 tation, they had no means to carry
! their corn to market, except as con,
! densed into whisky. When the fed
I eral government put a small tax OF
| rioted, murdered collectors, burned
| public warehouses and robbed the
mails to discover what was beine
written about their riots.
Gov. Miff1n wrote them a scoldine
| letter" but President Washington
| without Gov. Mifflin's call, requisi
/ toned Pennsylvania, New Jersey
| Maryland and Virginia for troops, anC
| marched $4,000 against the rioters
! That was sanctioned by the courts
! which certified to President Washing
! ton that in counties of Washington
| and Allegheny laws of the United
! States were set at naught and tha
| the courts were unable to enforc,
| them, 1t appears then that thu
! action of the President was taken a
the call of federal courts to enforc,
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