The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-25
ITS DECISION AGAINsr cor WAITE.
Ceiorado's supre-e Count Says HIS Caliin I
Out the Nintia Was Uriu-,ines.

CeIorado's suprene Count Says Hts Caliin I
Dat the Nintia Was Uriusines.
DESvrR. Col, March 4.-Gov. Waite received
arsbuke to-day by the supreme Court in an
opinion written by Justice Goddard In response
to the formal question submitted By the
Governor to tho Court upon the Police Board
matter
There was no dissenting opinion. The Court
held that the Governor 10 greatly In error In
assuming that IL devolves upon him to enforce
his order OF removal. and that his constitu-
tionai oath to soc that the laws are rightfully
executed Imposes no such obligation upon
him.
His duty and respon sibility cease upon the
making Of the order Of appointment. and any
attempt on his part to enforce personally such
an order. or install his appointee. 10 beyond
any express or i'm piled duty or power i'm posed
or conferred upon him By the Constitution or
statute
The Supreme Court held that this was an
ex-parts inquiry. but tho gravity OF the sit
uation and the impending danger TO life and
property. as shown By the Governors state
msnt. In tho Courts opinion imperatfvely de-
manded that decision should be given with
out prejudice to the rights OF the parties to
show other. or different facts This is done to
ailay public excitemen and to prevent blood
shed.
1t Is the opinion OF the Court that the Gov
ernor had tho right and the power to remove
Martin and Orr upon tho grounds set forth in
his statement 70 the Court. it the alleged facts
appeared 10 the Court that Martin and Orr re.
% ss 81 s SSsr
ns as ss. 4 al fsf PSs S.s
proceeding In another tribunal That there
may be no doubt upon this question the Court
I'VE say without hssItancy that II the Exec
utive order OF removal Is Questioned By the
Within ,hen pgovnce TO
a. between the respective claimants nts thu, tho
that purpose. and a spesdy dstsrmiSstion Of
W % sns .. ' o.Ssr:
should be required TO, submit such contro-
' EsssrS al a IN. act Of the ETsea,iVe In call.
ing out the militia, the Court said:
we think II too clear for argument that. IL
charged and were acting in violation OF law in
resistinE removal. their wronEdoing affords
no ins,ineation for calling out the militia to
And q proper regard for tho reputation and
the claimants instituts proper proceedings in
court to determine their right to the offices.
Monarchicaliand despotic Governments can
republican Government In the enactment. ad-
ministration. and execution OF the laws.
Reasonable delay IL the price We pay, in
order 10 secure the protection and vlndioa-
ton OF personal and property rights under
Government like ours; and when II 10 oHcs
conceded that the hardship resulting from
sueh delay justified a resort TO the summary
exercise Of arbitrary power elther BY ths civil
or military authority. then will Justice be de-
throned and desDotism or anarchy usurp her
seat"
The decision gives general satisfaction. and
1T IL now thought that the trouble will DO
settled In court. Gov. Waite refuses to ex-
press himself upon the decision.
The Committee Of Safety held q meAting this
afternoon and decided TO take no further ae-
tion. believing that the Governor will now
submit the question TO the district court and
proceed hereafter In the way suggested by the
supreme Court. However. the people are pre-
pared for any surprise. and will rise en- maass
should the militia again be called out by the
Governor
On Monday morning a decision will be rem.
dersd In Judge Glinn's court In the contempt
OF court proceedings gainst MaIor Van Horne
and the members Of the new Fire and Police
Board. This decision will un oub tedly put an
i'm portant bearing on other phases Of the mat
ter not considered by the Supreme Court and
IL IL nroba BILE that no determined action will
be taken By either party until after the pur-
port OF this decision 10 known.