The Lamar register., 1904-08-17
HIsEAs CORPUS Eso oEsTIIL
LAW.

Zyery p1szibls attempt e be!1z
r.zls DJ D@zocrztlc zE1 5o>izlizr fsz-
In sc<zkers. z1t TIE Democratic
rrsss throz xhost the STATE 70 create
the IzD-ezzIol that Il the rscsrt IA
oDr froZ5Iez the zoyerLO- s1soencsd
TIE Drigileze n the writ n hzbszs cor
pss znl declared martial lz1. and that
IL 70 eoinz he exceeded tas lilaitz Of
z1z authority. 4 prolnire1t Demo
cratic Izryer hzs made the following
sLztsa1s1t spon tia question.
The zogerno- did not suspend the
pFiglJezsz IT the writ, nos did he de-
clare martial lzr.
In the Moyer Gaze. 20 far frorn De
nylnz the privilege Of the. wit. the
bo1y of IoTef Ess antuzlIT produced
81 cozrt, and that "a the csss On witch
raost ok these allegations are based-
AZ 70 martial lzE. there has not been
q single irizl by cosrt MARTA! for an
orense alleged 70 have been coE1n nit
ted Dy any persOn rot a member Of
the sztlonzl Guard. Under martial
Law the civil courts are suspended and
all trisls are held " co1rts martial
That the cnurts were not thus super
seced. and that there we're no courts-
martial called. ls sufficient evidence Of
the fact that martial Law did not eI-
Ia.
The Supreme CogI- declared the
state Of the case very clearly in its
having been produced In court, IL vas
Incumbent upon the governor 10 show
Why Hoyer had been restrained Of his
liberty. This he did By showing that
IL his opinion, based upon the repre-
Aentationz of the civil authorities.
gtate Of lnzurrection and rebellion eH-
.lsted In the Telluride and Cripple
Greek districtss that In the exercise OF
his executive duty. deyolyed upon him
by the constitution. he was compelled
TO decide whether such a state exist
ed Or not; and that by the constltu-
tlor he IL the sole Judge in that mat
ter. a state Of inzurrectlon having
been declared 10 exist. such insurrec-
tion wat put down By the military. act
Ing under the orders Of the governor
az chief civil officer Of the state; and
I, was put down By the means Vhich
the military are empowered to employ
and which they usually do employ In
such cases. In the exercise OF his best
Judgment, the commander In the Tel
lnride district found that the presence
Of Meyer Was a hindrance TO the sup
presslon Of the inEurrection. and he
took Meyer into custody. When or
dered by Judge SteyenB to release
the matter was passed up TO the Su-
prerne Court. That court having ~
sued writ OF habeas corpus com
manding that Meyer should be pro
duced before II. he was produced. and
argument was had az to the right Of
the governor to deprive Meyer OF lib-
srty temporarily, and while In his
Judgment the release OF the federation
president would be dangerous to the
peace Of the community. The court
decided that the constitution vested in
the governor. and in him alone. tho
authority to decide when case of In
gurrectlon and rebellion existed, and TO
put down such lnsurrectlOn and rebel
lion by any means necessary; and that
wnle he IL acting In that capacity and
for that end, the court has no juris-
dictlon to interfere with him In the
performance OF his duty.
This decision was In line with all
other decisions on the same general
gubject which have been made In 9TH
er states. Nothing is Of more import
ance In our form OF government than
that each department. legislative. en-
ecutlye and judicial, should be su-
preme in It's own Jurisdiction, and
should not interfere with either OF the
other departments In matters that are
confined by the constitution TO those
departments. and to them alone.