Willmar tribune., 1903-07-11

diee ts still q citizen and as such is al
ways amenable to. the civil authority
10 Am. and Eng. Encyc. Law, 428; IL
Alb. Law. Jour-, 81. ...<2.,
'The same idea, was emphasized by
Lord Tyndall, chief justice of England
when he said: The law acknowledges
no distinction between a soldier and q
private individual. The soldier is still
a citizen, living under the same obliga~
dons and invested with only the same
authority 70 preserve the peace as any
other citizen
"Sold1ers owe no duty of boundless
submission to their officers, and, al
though as soldiers they are not a rea
son1ng body, as citizens they are pre-
eminently such. 1t is their duty to
reason why and If by failing to do so
they violate the law they must pay the
penalty.
I'm general, it may be said that the
powers of the militia, like those of
sheriff's posse, are limited by what un.
der the laws peace officers may do.
For their own protection those WELD.
ing that power should inform them
selves of its limits and always remem.
ber that their duties are preventive
and not punitive. They must always
bear in mind the fundamental princi-
pies laid down in the constitution for
the securing Of personal liberty and
that while acting as militia they act as
q branch Of the peace or police depart
ment Of the state and with no greater
powers. Unless armed with the process
of a court they can only act in the
presence Of an ofense.
"Not content to rest upon the COM
mon law which exalts the civil before
military power, our constitution, arti-
cles II and %, emphatically and af-
f1rmatively provides, That the mill
tary shall always be in strict subordi-
nation to the civil power Not some
times, but always. Here is plain dec
laration that the military power shall
never be used or operated under any
law but the ordinary civil law. In
other words, under our constitution
In order to invoke it it will not do to
give the name rebellion or insurrection
or war to every infracton or threat
ened 1nfraction Of the laws by a mob
or combination, however large. We
cannot alter things by changing their
names.
"By way Of illustration let US exam.
Inc the situation in Ell Paso county. Is
there an insurrection there? Is there
threatened invasion? Is there any at
tempt to overthrow the government?
The courts Of the state are open there,
with two judges resident in the dis
trict- The county and justice courts
are open. Not court has refused to
issue warrants for the arrest Of any
persons. No charge has been made
that officials are in collusion with law
breakers. The sheriff has been able to
arrest every person for whom he has
received a warrant. Grand and petit
outrages have been committed Of
which the public is aware. Not dol
lars worth Of property has been in
jured, not person maltreated except
as shown by affidavits secretly pre-
pared and presented. An active, ambi-
tious press Is ready and eager to pub
Hsh every authenticated act of wrong
by either side, and but few trivial mat
ters have been recorded.
''The question must arise as to the
necessity Of the presence Of the militia.
Are they to aid civil authority which
has not been deded or Is 1t that the
citizens Of the county may be made
subject to the whims or arbitrary CON-
mands Of military officials who are
themselves only citizens trimmed with
gold braid to distinguish them as other
police are distinguished ty their uni
forms? Are the courts in Ell Paso
county to be ignored and is martial law
to take the place OF the civil law in de-
f1ance Of the constitution? Is it pro-
posed to set up a tyranny and despot-
ism within a republic in which life,
liberty and property are to be at the
mercy Of sergeant's squad or drum
head court martial? The proposition
is so absurd the mind refuses to en-
tertain it.
ITO summarize, martial law cannot
be declared in Colorado. It is abhor.
rent to our institutions and has no
place in them. The loose talk concern
ing it should give way to the sober
second thought, derived from a clear
understanding Of the principles Of our
government. The first instruction the
members Of the organized militia
should receive should be that they are
citizens first and soldiers next; that
whether as citizens or soldiers they are
and must always be in strict subordi-
nation to the civil power and RESPONSE
kble to the civil and criminal law for
their acts; that in active service they
are nothing more than people, with
not even as extensive powers as mu'
nicipal police; that the order Of a su-
perior In excess of his lawful authority
will not and cannot protect them from
the consequences Of the law should
they violate it; that their uniform rep