Willmar tribune., 1903-07-11
MILITIAANDTHELA LAW
4 QUESTION OF VITAL INTEREST rO
ORGANIZED LABOR. 3.

A QUESTION OF VITAL INTEREST 70
ORGANIZED LABOR. =.
4 Leading Colorado Jurist Shows On
the Illegal Use Made of the Militia
In Times of strikes-General Prin.
ciples Applicable Everywhere.
Anent the employment Of state mill
tia for the purpose Of intimidating the
striking mill men at Colorado City,
Colo., Judge Frank w. Owens, one of
the states leading jurists, furnished
the Denver Post lengthy opinion,
from which the following Is taken:
I'm spite OF the fact that it has
latterly become the fashion throughout
the country to- mobilize the militia
upon the slightest excuse, there is per-
haps no subject as vital to the liberties
of the people, Is so little understood, as
the duties and powers of the militia
when called out to aid the civil au-
thority to suppress violence or support
the law. The lack of knowledge on the
subject does not seem to decrease, Ell
ther on the part Of the people or Of the
press, Notwithstanding the growing fire.
Quency Of the use Of the militia.
1.-The terms military law martial
law and calling out the militia are
much confounded and seem to be gen.
orally regarded as Synonymous, when
actually they are not at all SO and have
widely different meanings.
reconsideration Of the meaning of
each of these terms will aid in clearing
up much misunderstanding. To that
end careful study Of the definitions
given below is requested.
military law consists of the regula-
tons for the government of persons
employed in the army or in the militia.
1t is the specific law governing the
army as a separate community.
"And. Law Die, Am. and Eng. En-
eye. Law.
Military law cannot and does not af-
feet and does not govern or concern
any person In the military or naval
service.
"Ex parte Milligan, Wall. %. s.
1923. Luther versus Borden, How.
p. 60.
1.-The term martial law is commonly
applied to every use Of troops or mill
tia for any purpose and is perhaps
used more indiscriminately and with
less understanding Of its meaning than
any other phrase in as general use. Its
correct definition, therefore, is much to
be desired.
"As defined in And. Law Die, p. 663,
and the many authorities there cited,
martial law is the law of military ne
cessity in actual presence of war ad-
ministered by the general of the army
It is arbitrary and supersedes all ex-
listing civil laws. The commander is
the legislator, judge and executioner.
There may or may not be hearing at
his will. 1t is built upon no settled
principles and Is entirely arbitrary in
its decisions; in reality it is no law, but
something INDUCED rather than allow
ed as law.
calling the militia out is merely the
act Of the civil officer invested by law
with the authority to call the militia
to his aid to enforce and not supersede
the law. The act does not confer on
the militia collectively or individually
any greater power than the citizens al
ways possess to suppress lawlessness
and crime, and it never authorizes the
suspension or violation Of any law.
docs or can martial law exist in
Colorado under our constitution?
"Article 2, section %. Of the consttu-
ton Of the state Of Colorado provides
that the military shall always be in
strict rlbordinat1oo to the civil power
There :. nothinx In the federal consti-
tuition: DOR in that Of the state of Col
orado, which qualities this provision in
any manner.
"Article 4, section s, Of the consdtu-
ton says: The governor shall be COM
mander In chief Of the military forces
Of the state. = he shall have power
to call out the militia to execute the
laws
LET the phraseology be noted. The
militia are not to be called out to carry
out the ideas or whims Of any officer,
but to execute the laws-that is, the
civil laws.
I'm common speech the militia are
usually considered that body of our
citizens who have been organized into
troops and have subjected themselves
to military organization. This Is erro-
neous. The constitution Of the state
says, The militia Of the state shall
consist of all ablebodied male residents
between the ages Of eighteen and for
V-f1ve years.
'The militia, therefore, consists Of
svery resident in the state answering
The above description. whether organ
led into military bodies or not. In
other words, the governor has power
to call out the citizens of the state as
grand posse comitatus, in the same
manner that the sheriff has power to
summon to his aid the citizens of a