Arizona silver belt., 1885-03-14
CIVIL LAM DEFlED.

The Berger case has assumed an un- looked for phase. It was not expected that the military would again resist the execution of the civil law, but they have done so, and threatened Sheriff Paul, of Pima county, with death if he persisted in the execution of mandate of the civil court, or crossed prescribed line. The resis- ting party, with guns leveled at the breast of the sheriff, told him to "git, and "tell the court to go to hell with it's orders"
 The constitution ofthe United States contains q provision which is inpor- tant in this connection, which is that ''the military shall 1t all times be sub. ordinate to the civil power" ;auotheris that mo person shall be deprived of life, liberty or property without due process of law hence the advantages of tribunals which proceed Aupon iR. quiry and render judgment only after trial Such, however, did not govern the military in the Berger case; they made q law unto themselves, and rely ing upon the strength of gun powder proceeded upon ihe hypothesis that might is right" and for the time rem dered constitutional provisions of the highest importance imperative. Tue guilty parties have rendered them selves amenable to the criminal law and are subject to a fine ain any sum not exceeding S5,o00 and imprisou. ment in the Territorial prison for a term not exceeding five years"
 The following explanation Of the case and what transpired after the writ of restitution vas placed in the hands of the sheriff, is from the Tac. son Star of the 8th inst:
 A few days ago Berger brought an action of fOrcible entry and unlawful detainer in the Probate Court, by his attorney, Col. Cameron King, and for restitution to the Berger premis $, on the papago Indian Reservation. Tie court decided in favor of plaintiff, and on the 5th writ of restitution was issued by Judge Wood and place a ID the hands of acting sheriff Paul, who proceeded to the Papago resery Itio Col. King, Bergers attorney, a con panied him. Upon arriving on 1 q ground, Paul was confronted by squad of eight United States soldiers, who upon his approach covered him with their rifles. He stated to them that he had come 10 serve a process of the court, to which one Of them an swered
 Tell the court to 50 to h-l with his orders, and don't you get out of that wagon.
 Paul immediately stepped out of his wagon and stated: I am the sheriff of Pima County, ard represent the ooiart whose orders 1 serve.
 Corporal Jewel answered: ..If you % further we will shoot.
 Paul thtreupon stepped to the fence and said: T wish you to listen to the writ of the court l aa, about to read
 Then he proceeded 10 read the writ Of restitution issued bY Judge Wood, and demanded possession of the prem. ises. During this time the soldiers advanced toward thesn with tLeir guns leveled, the corporal stating; You must not step across this line
 Col King, Berger's attorney, then. advised Paul to withdraw for rein forcements. Returnlng to the city, lie at once served writoisrestitution upon Col Forsyth and Lieai Mason.
 Col. King immediately procured wrlts of arrest to bs issued out Of Jus tiee Meyers court On the charge of re- sisting ai officer also procured writs of attachment against the soldiers in possession ofthe ranch for contempt of court in resisting its process which will in all probability De served to- morrow.
 Last night he sent a telegraph mes sage to Secretary Lamar, stating [ . whole case and asking in the interest of peace and harmony that the troops be withdrawn from the Berger prcmi. ses