Advertisement

CHAFEE OUTLINES USE OF MARTIAL LAW IN RHODE ISLAND

The following article was written for the CRIMSON by Zacharlah Chafee Jr., professor of law.

Is there any such state of terrorism in, and about Narragansett Park resembling that which was present in the mining districts of Colorado and Pennsylvania, any such disorganization of life as overwhelmed the Ohio Valley last spring?

Hundreds of motorists speed without molestation along a by-pass of U. S. Route 1 right across the territory in insurrection and within a few yards of the grandstand. While races are taking place, thousands of unarmed men and women throng into the park, none of them apparently frightened by the prospect of meeting the things and public enemies of whom the Governor speaks.

As for the threat of assassination, the Governor will have to make it plain that he cannot like President Roosevelt raly upon secret service men to protect him against such a danger.

My casual glances at Narragansett Park as an occasional spectator recall the Court's description of the Texas oil field in the case just mentioned: "Not only was there never any actual riot, tumult, or insurrection, which would create a state of war . . . , but . . . , if all of the (threatened) conditions had come to pass, they would have resulted merely in breaches of the peace to be suppressed by the militia as a civil force, and not at all in a condition constituting, or even remotely resembling, a state of war."

In short, it is not enough for the Governor to say that there is an insurrection at Narragansett Park. He must satisfy the judges, if he ever gets before them, that there was an insurrection.

Advertisement

Very likely Narragansett Park is a center of demoralization in the life of Rhode Island, but cannot this be met by a repeal of the statute creating legalized gambring? The court will ask whether the thugs of which the Governor complains were much more humerous at this track than at all race-tracks. It will ask whether the disorders feared by the Governor could not have been easily prevented by a court injunction stopping the track as a public nuisance.

Apparently the only substantial force that has occurred at Narragansett is the force exerted by the soldiers sent in by Governor Quinn. Apparently the only war in Rhode Island is the war of words between the pent-house and the State House. If there has been no more disorder and violence at this race-track than what Boston newspapers have reported, then the odds against the legality of the Governor's action are longer odds than these wagered on any horse that ever ran at Narragansett Park.

But how can the validity of Governor Quinn's martial law predlamation come before any court for review? This final question presented by the race-track controversy must be deferred until tomorrow for consideration

Advertisement