The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1894-10-24
HOW THE COURT SUSTAINED
HIM.

deeds as the chief executive of the state
and claiming that in what he has done
the court has sustained him. He es-
pecially makes this claim whenever he
refers to the case Of Orr and Martin.
last spring, when he set out to fire them
out of the city hall with the artillery
of the state. The people will be bet
ter and more reliably informed as to
how the court sustained governor
Waite in that particular case by read
ing the decision as rendered by Judge
Goddard, which may be found in the
Thirty-sixth Pacific Reporter, pages
234-242. But fore-seeing that few of
the masses of the people will be able
to secure copy Of that collection OF
court decisions, we quote herewith the
words of Judge Goddard, which apply
especially to the conduct of the COVER
nor in that particular case. Judge
Goddard says:
"We are clearly Of the opinion that
the governor is greatly in error in as
suming that 1t devolves upon him to
enforce his order of removal. His COLI
stitutional oath to take care that the
laws be faithfully executed imposes
no such obligation upon him. His duty
and responsibility cease upon the max
ing of the order of appointment, and
any attempt on his part to personally
enforce such order or install his ap-
pointee is beyond any express or i'm
piled duty or power imposed or coll
ferred upon him by constitution or stat
ute. The police, fire and excise COM
missioners, though appointed by the
governor, are not charged with duties
pertaining to the chief executive de-
partment of the state. They are mu-
nicipal officers, the same as the mayor
and other officers of the city elected by
the people We are unable to see how
the governor Is charged with the duty
Of seating a member of the fire and
police board any more than he Is
charged with the duty of seating any
municipal officer elected by the people.
Will it be contended that it is the duty
of the chief executive of the state to
install into office, by force, II neees-
sary, every county, precinct or munj-
cipal officer whom he may deem en-
titled to such Office, in advance of the
determination of any controversy that
may arise concerning such office? A
proposition SO fraught with danger to
every principle Of free government can
not for a moment be entertained; and,
IL such power cannot be lowfully exer-
cised by the governor acting in his civil
capacity, a fortiori, is the use Of mill
tary force to that end by him as COM
mander- in chief unauthorized.
"The constitution expressly provides
(section %, Bill Of Rights that the mil
itary shall always be in strict subor-
dination to the civil power. The gov
ernor's warrant, as commander-in-chief
to call out the militia of the state, is
found in section 5, article of the con-
stitution, which reads as follows: The
governor shall be commander-in-chief
of the military forces of the state.
He shall have power to call out the
militia to execute the laws, to suppress
insurrection or repel invasion. There
can be no pretense that the conduct of
Orr and Martin constitutes the insur-
rection contemplated in the foregoing
provision, and therefore the call must
have been based upon the ground that
the militia were needed to execute the
laws. We repeat that by no rule Of
construction can the power and duty
imposed upon the governor to execute
the laws. be. held to authorize the for
chile induction OF -, appOintee into
office. In this provision of the consti-
tuition the phrase, to execute the laws,
contemplates the enforcement Of ju-
dicial process; that is, the enforcement
law, and judicially determined and Or
dered to be enforced, and not an ar
bitrary enforcement by the executive
of what he may consider the law to
be. Cooley Const. Lin. PIP. 1892. We
think 1t too clear for argument that IL
Orr and Martin were guilty of the con-
duct charged, and were acting in vio-
lation of law in resisting removal, their
wrong doing affords no justification for
calling out the militia to forcibly eject
them. A proper regard for the repu-
tation and peace of the community
would dictate that the claimants insti-
tute proper proceedings in court to de-
termine their rights to the offices. In
this way speedy and peaceful C.
suit can be reached, and the person en-
ti,.eu to the Office installed therein
without disturbance or delay.
$50 much has been said as to the de-
lay incident to ordinary judicial pro-
ceedings, we desire to call attention
again to our statute above cited, which
requires proceedings of this charac
ter to be advanced; and, IL parties are
diligent, the courts will not permit un-
necessary delay, but other causes will
be postponed, in order that proceedings
of this kind may be speedily deter
mined. Some delay is, of course, in
evitable. Reasonable time must always
be allowed for the consideration Of tho
rights Of the parties in the adminstra-
ton of justice under free goverll-
ment. Monarchial and despotic gov
ernments can undoubtedly proceed
more speedily than representative
government in the enactment, adminis-
tration and execution of the laws Rea.
sonable delay is the price we pay in
order to secure the protection and vim
dication of personal and property rights
under a government like ours; and
when 1t is once conceded that the hard
ship resulting from such delay justifes
a resort to the summary exercise Of
arbitrary power, either by the civil or
military authority, then will justice l'e
dethroned, and despotism and anarchy
usurp her seat"
Myron Reed, the great apostle CT
Populism, in his tour around the state,
has not gained many votes for
the cause he advocates While pre-
tending the most violent friendship for
the workingman, he has done every
thing possible to array employe against
employer, to create unrest and disturb
the right relation of capital and labor.
While conjuring up host Of real and