The San Francisco call., 1904-04-26
COURT REFUSES
TO INTERFERE
Petition for Release of
Meyer OH Bail Denied by
Colorado State Tribunal
MUST STAY IN PRISON
Opinion Says to Settle Issue
Would Be to Invade
Province of the Governor

DENVER, Colo, April 25.-The State
Supreme Court this afternoon denied
the motion for the release of c. n.
Meyer, president Of the Western Fed
Grafton of Miners, on bail pending
decision of the habeas corpus proceed
irgs in his behalf. The hearing on the
merits of the case was set for May 8.
Meantime Meyer will be held as pris-
oner in the military "bull PEN at Tel
luride.
The opinion on the question of admit
ting Meyer to bail was delivered by
Justice Steele. 1t is in part as follows:
In the case at bar the respondent, General
Bell declares he detained the petitioner as
military necessity and that he has been com
manded by the Governor to not surrender the
petitioner either upon writ OF hsbeas corpus
or otherwise. The question, then, as presented
by the return. is: Can the Governor, under
the constitution and under the conditions SHOWN
To exist, declare martial law and as incldent
thereto suspend the writ of habeas corpus? II
the constitution authorizes the Governor so 10
do then we have no further jurisdiction II
the power to declare martial law and TO sus-
pend the privileges of the writ OF haDeas
corpus Is confined by the constitution 10 the
Legislature the Governor is without authority
to detain the petitioner and we have Jurisdic-
tlon to discharge him.
At the time of the issuance of the writ 1t
was stated that we reserved the right TO pass
upon the question OF our jurisdiction when
final disposition made of the case. ana
IL we were now to admit the prisoner to bail
should in effect determine that we have
Jurisdiction and should. pending the hearing
grant all the relief that the petitioner de-
mands. If the liberty OF the petitioner alone
were involved should probably resolve the
doubt in his favor. admit him to bail and
determine the question OF jurisdiction after
ward: but the head OF the executive depart
ment of the State has stated to the return
OF the writ that in his solemn Judgment peace
he IN
the county of San Miguel unless the petitioner
remains in the custody of the military au-
thority. Therefore the matter involved affects
not only the liberty of the petitioner but the
peace of the people of San Miguel County ani
incidentally the tranquility of the people OF
To admit the petitioner to bail before we
have determined the main question would. in
effect. it seems to us. be invading the legiti-
mate province of the executive department
and that restrained from doing by
the fundamental law
The Supreme Court also granted the
application of Adjutant General Bell
and Captain Wells for writ of super
sedeas to stay the execution of the
judgment of District Judge Theron
Stevens of Ouray, declaring Bell and
Wells in contempt of court and fining
them $500 each for failing to produce
the person of Meyer in court in an
swer to the writ of habeas corpus is
sued by Judge Stevens.
OURAY, Colo, April 25.-Deporta-
tions from Telluride continue, the latest
to join the army of exiles in Ouray be-
ing Baptiste Munganado and Gus Mar
tori, miners. Munganado has family
in Telluride. No reason was given by
General Bell for their deportation be-
yond military necessity.
Mrs Mary A. Mahoney formerly a.
nurse in the Miners Hospital at Tellu-
ride, is in exile at Montrose. She left
Telluride some time ago, and when she
started to return was met at the county
line by the military and told she could
not go to Telluride. She has filed suit
against San Miguel County and the
Denver and Rio Grande Railroad Com
pany for $40, 900 damages.