Rocky Ford enterprise., 1904-07-08
JUSTICE STEELE
oissgNrs IN THE MOVER CASE
Says the Decision Granting Governor
Power to Declare Military Rule 10
Bad Law and . Menace to Our Lib.


Power to Declare Military Rule is
Bad Law and Menace to Our Lib.
critics.
Denver. July e.-Justice Robert W.
Steele OF the Supreme Court yester-
day handed down his dissenting opin'
lon In the Meyer habsas corpus case.
which was recently decided by q ma
Jority OF the court In favor OF the gov
ernor. The opinion is along one and
radically differs from that OF his asso-
ciates as expressed In the decision OF
tho court. Following are some OF its
most pertinent paragraphs:
No person who has the slightest
claim to respeetabiiity should hesitate
10 approve the action OF the governor
In enforcing the law. and am willing
to uphold him and to applaud him SO
long as he keeps within the lines OF
the constitution. But l am not will
ing to uphold him when. In my opin.
ion. he breaks down the barriers
erected by the people for their pro-
lection. nor am willing 10 accord to
the constitution elastic properties for
the purpose of sustaining him. nor to
join In the establishment OF a prece-
dent which will not apply to other
classes or other conditions when an
other governor undertakes to exercise
the same arbitrary power.
Il am not willing to concede tho
power claimed by the governor and
exercised by him. because In my opin.
ion such power Is not vested In him by
the constitution. The people could
never have intended to erect such nn
engine OF oppression. II follows. OF
course. that II the present executive
L. a.. .AlA t..N. 81 lnu Z
which can call into action the mill.
taYy power OF the government and can
exercise all means to cfcctualiy abaic
the conditions. and the judicial power
can not inquire into the legality OF
his acts. that the next governor may.
by his edIct. exercise the same nrbi'
irary power.
III the military authority may dcport
the miners this year. IL can dcport the
farmers next year. II n strike which is
not a rebellion must be so regarded be-
cause the governor says II IL. then any
condition must be regarded ms rebel
lion which the governor declares TO be
such"
In speaking Of the courts in'crprc,a-
tion OF the powers OF the governor IN
der the constitution he says:
''Thc court has not construed tho
result Is that II has mndc greater in-
roads on the constitution than II In
tended, and that not one Of the guar
nntecs Of personal liberty can now be
enforced"
II Is plain from Justice Stccic's opin-
lon that while the court did not pass
upon the writ OF hnbcas corpus suspen-
sion and martial law. he regards tho
courts conclusion ms equal to this In
their effect. In one place. In replying
to sentence In the courts opinion. the
following passage occurs:
"Agnin the court says: To deny tho
right OF tho militia to dctnin those
whom they arrest while engaged In sup
pressing acts Of violence and until or
der Is restored. would lead to the most
absurd rcsults.''
This sentence inflicts fatal wound
upon civil liberty. suspcnds indefinitely
the privilege of the writ of hnbcas cor
.pus. annuls that section OF the constl-
tuition which declares that no person
shall be deprived of liberty without due
process Of law. and chnracterizcs tho
declaration OF the Supreme Court OF tho
United States rs an nbsurdity."
II know OF no authority that vests
in the governor the power to arrest one
who he may think will commit an Of
fense. No such power is Fanted by
the constitution nor bestowed by stat
ute. The courts OF the state are open
and In the unobstructed performance OF
their functions. Nest persons would
regard restraint Of liberty for the per-
iod OF nearly ninety days as punish
ment; and when the court says that tho
petitioner. by his detention. loses none
OF his constitutional rights. 1t ignores.
10 En-, hnt nf NJ
stitution which provides that no person
shall be deprived of his liberty without
due process OF law"
The closing paragraphs Of the dis
senting opinion read as follows:
when we deny to one. however
, wicked, a right plainly guaranteed by
I the constitution, we take that same
right from everyone. When we say to
4 Meyer: You must stay in prison be-
cause II we discharge you you may
commit crime we say that to every
other citizen. When we say to one gov
ernor: You have unlimited and arbi-
trary power we clothe future COVER
nors with that same power. We cannot
change the constitution to meet condi-
tions. We cannot deny liberty to-day
and grant It tomorrow; We cannot
grant it to those heretofore above sus-
picion and deny 1t to those suspected
, of crime; for the constitution is for all
men-'for the favorite at court; for
the countryman at the play'-at all
times, and under all circumstances.
I'VE cannot COW the dragons teeth.
and harvest peace and repose; We cam
not SOW the wind and gather the rest
full calm.
Our fathers came here as exiles
from tyrant king. Their birthright
of liberty was, denied them by horde
of petty tyrants that infested the land
sent by the king to loot. to plunder,
and to oppress. Arbitrary arrests were
made; the judges, aspiring to the smile
of the prince, refused by 'pitiful eva
sions' the writ of habeas corpus. Our