Rocky Ford enterprise., 1904-06-10
MILITARY RULE
SUSTAINED ey suPRemg COURT
Action OF Governor Peabody Upheld
Has Power to Enforce Martial Law.
Justified In Keeping moyer un-
der Arrest.

der Arrest
Denver, June THE decision
handed down yesterday morning in tho
original application for writ OF habeas
corpus for Charles II. Meyer. president
of the Western Federation Of Miners.
was a complete victory for the state.
The position OF the governor and his
military policy In supprossing insurrec-
hon and disorder was upheld in every
detail, The opinion written by Chief
Justice Gabbert Is concise and direct.
Its logic In forccful and Its language
cannot be misconstrued, The opinion
was sustained by Justices Gabbert and
Campbell. JnstIc. Steele dissenting.
The dissenting opinion will be handed
down within n day or two.
In effect the opinion holds:
First-That the governor has ex-
elusive constitutional power To deter
mine and say whether Insurrcction and
rebellion exists. and no authority can
Teyicw or deny his decision.
Second-Ths governor is vested with
the constitutional right to call out the
military forces of the state to sup
press insurrsctlon and rcpel Invasion,
Third-ln III. couffc Of such aupprcs-
non II ls right for the governor to or
der soldier to XIII or impriSon Of
Tenders. and those who obey such or
d"rs are protected by the constitution
al authority yeftcd In the governor.
When imprisonment II TcSoTt.d TO ns n
means Of supprcssins insuTTcc,ion.
such Imprisonment lH lawful as much
nE II III. waran, had been sworn out
In u court Of competent Jurisdiction.
and the jud!cI-ry must not Interfere H.
rHy way.
I...,l ~. ...,.z... hn. th. Ylaht
to determine when nn insuTrcction haS
Lcen suppressed and until he no deter
mines any imprisonment still! remains
lawful.
The decision leaves Meyer In mill
tnry custody until tn. governor deter
mines that his freedom would no long
cr prove inimicni to the Interests of the
ftnic and the preservation of law and
order.
There are occasional passages In the
opinion which nr- sharp and con
elusive. Some Of them ar. nH ioilowH;
THE recItalS In the proclamation To
the effect thai n stat. of InhtirrCction,
exists In the county of San Miguel can
not be controycrtcd. Otherwise the OF
,icrs of the executive would depend up
on the Judgment or another co ordin'
ate branch Of the Eta,. government.
without such authority. the pres
,.ncc Of tn. military In n district under
the control of the insurrcciionists
would be n mere Idle parade. unable to
accomplish any,hin. In the way Of re-
storing order or EupprcssinE fiotons
conduct.
III the military may resort to the
extreme OF taking human life In order
to suppress insurrcction. II iS impoH-
sIblc to Imagine upon what hypothesis
Il can be successfully claimed that the
miidcr means OF Ecizing the persons Of
those participating In the insurr"Ction
or aiding or abcttIn. Il may not he re-
sorted to.
III. ns contcndcd by counsel for pc
titioncr. the military. IN foon as riot
or insurrcciion IL arrested. must turn
him over to the civil authorities Of the
county. the arrest might. and In many
Instances would. amount to mere
farce.
TO deny the right OF the militin 10
detn!n those whom they arrest while
engaged In supprcssinE acts Of violence
and until order is restored. would lead
10 the most absurd results.
THE prime idea Of government II
that power must be lodged somewhere
for the protection Of the common
wealth. Appeals Of possible abuse OF
power are often made In public debate.
They are addressed to popular fears
land prejudiccs and often given weight
lin the pubic mind to which they are
mot entitled. Every government neces-
.sarily includes n grant OF power lodged
II would be imbecilc with
ont IL !"