Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-02-19
fttashinNtun tandard
A Timely Protest.

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Sru,orr. " T Feb a.. isG
d'ri,e through your paper Ia
.u,cr 10y protest aud arouse pubic
Indignation agnius, the pt",i"-i on
i,ro GA individual hhcri, aud ro
cpns'iuiiun aud laws tha, h,- &c
CURED ~ the unfortunate Chinese
agitation At seattle rfoi iu the
attempt II the Governor Il tins
Territory Ia suspend the operation
Of he wit 81 habeas curpu, and ',-
tahli-h martial law "a Seattle aud
80 suhl,cl - people 10 all the h"r
rni- of m irresponsible m,l,taf, les
putt-m H. allow them 10 he ~
prisoned without lawful warrant and
convicted without jury trial
Here ~ tho Governor of W,.hing
ton Territory artoga,lng Ia mmseli
powers boyond those Of the rt"sl
dent, aud which Congress can "Ncr.
c,re OILY 4" when IA cases II rebel.
lion vr iuvaa,on the public safety
may require IT." Consultation l
\ Art / 900. ., ahi amoudm cut.
V. aud vi
l have 40 doubt that our courts
will. when the question b. presented
TO them. disregard any sucn usu'l'"
ton Of power. but 10 prevent ~ the
meantime great Inconvenience mud
wrong TO individuals. tho public
condsm nation should he uttered
with 40 uncertain sound.
II 10 lad enough that We should
have . Governor. who. by constan,
appeals 10 tho general government,
for aid, admits that We are not cspa-
bio Of administering our own affairs
but when his ,imidity prompts such
violent and unconstitutional usurpa.
ton of authority. then u 10 full time
that q Democratic administration
should give ms an executive who has
the wisdom and courage To enforce
the laws by lawful means.
Respectfully yours.
W H. DupLry.
We think this protest Ia timely
and mono too strong. Governor
Squire doubtless acted advisedly
but M we intimated yesterday. Ia
has been inclined from tho fra, to
stand up 80 straight Ne to lean over
backward. According 10 the deoi
sion Of the Supreme Court in tn,
Muliigan case-growing out OF the
civil war, reported In 1 Wall--mar,
tial rule can only be called into OK
srcise by Congress. OF temporaril,
when the action u Congress cannot
be invited. or 10 jas.ifyinR or ercus
ing peril by the President, In time,
Of instruction or invasion or civil OF
foreign war within districts or local
iiiss whs,s ordinary law no longer
secures public safety OF private
dghts. II 10 only lawful In distsio,
actually occupied by the opposir,
forces aud In which tho civil court,
are for tho time being complstel,
displaced. II cannot exist whor,
ths courts are open aud In tho prop
Or and undisturbed exercise Of the,l
Jurisdiction. II In also confined I,
The locality Of actual war. As do
cided In this case. II could not cxis
In the State Of Indiana diring th,
civil war. Mono Of the circum
stances under which martial law i
pssmissbis with the suspension o
habsas corpus. exist Vt Seattle, an,
mot even Congress would have Ia,
right To do what Governor Squir'
has assumed Ia do. A tho Su
prsms Court declares, when no
authorised, martial Lac 10 " insr,
lswlsss violence The most ths
Governor Squire was authorized I,
do Was TO call upon the militia o
upon the President for the regula
army. which 10 the ultimate polio
10 assist him 10 the exercise Of BIZ
civil power In preserving the peace