The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-03-25
Women and
Women Only
wAITE's RUSH TO ARMS.
The State Supreme Court Holds That
He is Too Quick on the Trigger.

The State Supreme Court Holds That
He is Too Quick on the Trigger.
Denver, Col, March 24-The supreme
court this morning handed down a writ
ten reply to question propounded by
Gov. Waite last week as to who are the
legal members of the fire and police
board. The decision was by Chief JUS
tice Goddard and was substantially
against the governor
The court holds that the governor has
the right to remove from ONCE his ap-
pOlntees, and his action in removing them
was clearly in his right, but as Orr and
Martin had refused to relinQuish their
duties, alleging that the appointments of
Mullins and Barnes had not been properly
made, and the court being not advised of
the facts upon which Martin and Orr
base their objections, the case must go to
the district court for inquiry. The courts
have the power. if objections are raised.
by incumbents, to inquire into the facts
and all such contests must go to them for
decision.
The court expressly decided upon the
governors right to call out the militia 1t
is the courts opinion that the governor
was in error in attempting to use force,
and that the militia should always be
subordinate to all civil power. BY no
rule can the power of governor
be construed to be such as to
call out the militia to induct
an appointee into Office. This. the court
holds, is a dangerous exercise of arbitrary
power that tends towards anarchy and
despotism.
The committee of safety is in session at
the chamber of commerce to discuss the
situation and prepare for any overt act ON
the part of the governor Gov. Waite re
fuses to talk upon the decision of the
court This decision is received with
general satisfaction.
There was no dissenting opinion.
GREATLY IN ERROR.
The court held that the governor is
is greatly in error in assuming that it
devolves upon him to enforce his order of
removal, and that his constitutional oath
to see that the laws are rightfully
executed imposes no such obligation
uTon him. His duty and responsibility
cease upon the making of the order
of appointment, and any attempt on his
part to personally enforce such an order
or install his appointee is beyond any eX-
press or implied duty or power imposed
or conferred upon him by the constitution
or statutes.
The supreme court held that this is an
eX-parte inquiry, but the gravity of the
situation and the impending danger to
life and property, as shown by tn gov
ernor's statement, in the courts
opinion imperatively demanded that
decision should be given without pre-
JUDGE to the rights of the parties 10 show
other or dinerent facts. This is done to
allay public excitement and TO preTenu
bloodshed.
THE RIGHT OF REMOVAL.
1t is the opinion of the court that the
governor had the right and the power 10
remove Martin and Orr upon the grounds
as stated in his statement to the court, If
the facts are true, and that Mullins and
Barnes are entitled to succeed them if
duly qualified. But as it appeared
to the court that Martin and Orr
refused to surrender their Offices and
that they questioned the validity of the
order of removal and the legality of the
appointment of Barnes and Mullins, it
was held their sufticiencv must be deter
mined in a different proceeding in another
tribunal That there may be no doubt on
this question. the court added: I'VE say
without hesitancy that if the executive
order of removal is questioned by the
incumbent the courts have the power
and it is exclusively within their
provinces to pass upon such objections
aud determine as between the respective
claimants the right to the Office in ques-
ton, and the law provides plain and
adequate procedure for that purpose, and
a speedy determination of such a ques-
tion is insured by express statute. Ali
lava biding citizens will and all others
should be required to submit such contro-
versies to these tribunals for settlement"
CALLING OUT OF THE TROOPS.
Regarding the act of the executive in
calling out the militia the court said
I'VE think it too clear for argument that
if Orr and Martin were guilty of the con
duct charged and were acting in violation
of the law in resisting removal their
wrong-doing affords no iusJincat1on for
calling odt the militia to forcibly eject
them.
And proper regard for the reputa-
ton and peace OF the community would
dictate that the claimants institute proper
proceedings in court TO determine their
right to the Offices.
.'Monarchical and despotic governments
can undoubtedly proceed more speedily
than a republican government in the en-
actment, administration and execution of
laws Reasonable delay is the price
we pay in order TO secure the protection
and vindication Of personal aud properly
rights under a government like ours, and
when il is once conceded that the hard
ship resulting from such delay justifes n
resort to the summary exercise Of arbi-
trary powers, either by the civil or mill
tary authority, then will justice be de-
throned and despotism or anarchy usurp
her seat"