Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1903-09-22
A MILITARY COURT
For the Trial of Colorado
Striking Rioters
The Beginning Of Habeas Corpus
Proceedings at Cripple Creek
Yesterday.

Colorado Springs, Colo. Sept. IA
special to the Gazette from Cripple
Creek says: Habeas corpus proceed
ings in the district court today, in the
cases of military prisoners in confine-
ment at Camp Goldfield had all the
spectacular settings of military dis
play. AT the morning session Judge
Seeds absolutely refused to listen to
any argument in the absence of the
prisoners and an adjournment was
taken until p m. Previous to that
heavy guard of troops was placed
around the building containing the
court room and at 1:3O four prisoners
for whom writs have been issued were
brought in under guard.
When the court convened Lieut.. Nc
Cielland acting judge advocate read a
supplementary return to the writ of
habeas corpus. In this he denied first
the jurisdiction of the district court
over the military prisoners saying that
General Chase was in full authority
by virtue of the executive order of
Gov. Peabody and. he had absolute
authority CT the situation by the right
which Governor Peabody gave him
when he ordered troops TO the dis
trict.
General Counsel Murphy of tha
Western Federation of Miners was
then recognized by the court and pro-
tested against the martial array OF
soldiers in the court room. The court
answered that there would be no un-
due military display allowed. Then Mr..
Murphy made 4 motion TO Quash the
supplementary writ and the military
attorney signified that he was ready TO
argue the motion to quaSh. He said
the four prisoners held We're citizens Of
the United States and We're being i'll
legally detained without warrant. He
further stated that the duties of the
militia were very limited that there
We're certain lines beyond which, il
they go. they then trespass upon the
law. There is he said. mo law
permitting the militia to subjugate civil
authority" He said the governor had
no more right to give such an order as
the one giving the militia supreme
| authority than had the humblest citiz-
en-.
I'VE cannot have war in this state
except by an act of congress and as
congress has not ordered it we cannot
have martial law"
''The right tn call into service the
national guard" said <'ol McClelland,
''is vested solely in the governor: the
| judiciary has TO jurisdiction to inquire
into the judgment or discretion of the
| governor in the premises, nor can it
control the subsequent acts of officers
and men acting under the commander
inchief; a writ of habeas corpus can
| not be recognized. The right of the
i individual under the circumstances
must Weld to the greater right of the
! state.
! Then he read clauses from the mill
| tary laws of the United States and of
| the state of Colorado, saying that when
! the order was given calling out the
national guard to this district martial
| law was declared.
Judge Seeds then asked him if Gen.
! Chase believed the district was under
martial law. Col. McClelland answer
| ed in the affirmative and said: when
! he received the order from the gov
! ernor to come to the district one of his
| orders from the governor was: You
/ " III see That threats. lnUiI1llQdtlOnS and
! acts of violence will cease immediate
! ly.' We do not expect to punish the
men or act as tribunal but we do ex-
! pect to take the men when we believe
1t is necessary to maintain the order
| and peace of this district"
Judge Seeds then said: You would
not arrest person without sufficient
grounds. them"
Colonel McClelland answered "No
but we have the right. because the right
of the brigadier general is supreme
when the military are in the field
Then he read from Pennsylvania SUI
preme court decisions in a case wher
| Private Wescott shot and killed {
striker and was acquitted of the charge
| of murder, and he closed his argument
by saying: "Our case rests practically
on that supreme court decision
The court then'took recess until to-
morrow. Many are ofythe opinion that
Judge Seeds Will order the Sheriff tC
take the prisoners in custody. They
are. however, military prisoners. anC
| from positive declarations made by the
military authorities il is not believed
the military will give them up whatever
decision the court may render The
general situation has been very quiet
today.