The Holly chieftain., 1904-04-29

II Would Be {. D.,nserous to Set Him
| Free.
Denver May e5.-At l2:3 go p. m. yes
terday the Supreme Court handed
down its decision denying Charles H.
| Meyers application for bail pending
the consideration of the merits Of the
contention involved. in the habeas cor
pus case Instituted on his petition.
The opinion was written one. de.
| liyered by Justice Steele.
| Merely the matter of bail was con
| sidered by the court" said Chief JUS
| tice Gabbert as he came down the
! corridor on his way to luncheon. "All
other questions in the case will be
considered after counsel present them
On May 9TH
Mr.. Justice Steele delivered the
| opinion OF the court:
Upon the return day of the writ,
and pursuant to its commands, the
respondents named in the writ pro-
duced the body of the petitioner.
| Upon the same day Sherman NJ. Bell,
as brigadier general and adjutant gen.
eral of the state made return to the
| writ and Herewith filed objections to
| the further exercise of jurisdiction by
| the court. From the return it appears
/ that on the 23d day of March, 1904,
| the governor of the state, by his proc
| lamation, proclaimed and declared the
county Of San Miguel to be in state
! Of insure tion and rebellion.
! That Immediately after the issu-
ance of the proclamation of the gov
ernor commanded the respondent to
| forthwith proceed to the county of
| San Miguel with such portion of the
National Guard of the state as might
| be deemed essential and to use such
| means as might be deemed necessary
| for the restoration of peace in said
| county, and for the effectual suppress
| sion of the insurrection and rebellion:
| that, pursuant to the command of the
governor he proceeded to the county.
| of San Miguel with a portion of the
| National Guard of the state; that af-.
| ter his arrival at the county seat OF
| San Miguel county he became salts
| fed that the said Meyer was promi-
nent leader of bands of lawless men
engaged in acts of insurrection and
rebellion, and that SO believing he
caused the arrest and detention OF
said Moyer; that in his judgment, In
order to prevent the said Meyer from
lending aid, comfort and direction to
the Iawless persons now engaged In
rebellion in said county, and in order
to restore public tranquility, it is alb
solutely necessary to detain said Moy-
er and restrain him of his liberty.
That as the officer now in command OF
the National Guard, now on duty. he
detains the said Moyar. and that he
has been commanded by the governor
of the state not to surrender or release
the said Meyer during the existing
condition of affairs in said county Ell
ther upon writ of habeas corpus or 9TH
erwise, until further ORDERS
Attached to the return is a cer-
tificate of the governor. in which
he states that the facts contained
in the return are true, and that
the arrest and detention of said Meyer
were effected under his direction as
governor and commander-in-chief OF
the National Guard of the state, and
that in his Judgment the continued re-
| tention of the person of said Meyer Is
| necessary and essential step in the
| restoration of public peace and order
and the suppression of the existing
| state of insurrection and rebellion in
said county.
| "At the time of the issuance of the
writ it was stated that we reserved the
right to pass upon the question of our
jurisdiction when final disposition was
made of the case; and if we were now
to admit the prisoner to bail, we should
in effect determine that we have juris-
diction, and should. pending the hear
ing, grant all the relief that the petit
toner demands.
"If the liberty of the petitioner alone
were involved, we should probably re-
solve the doubt in his favor, admit him
to bail, and determine the question OF
| jurisdiction afterward; but the head OF
the executive department of the state
has stated in the return to the writ
that in his solemn judgment peace and
tranquility cannot be speedily restored
in the county of San Miguel, unless the
petitioner remains in the custody OF
the military authority. Therefore, the
matter involved affects not only the
liberty of the petitioner. but the peace
of the people of San Miguel and incl
dentally the tranquility of the people
Of the entire state.
although many of the averments of
the return are denied, we shall accept,
for the purpose of determining the
question here presented, the state
ments therein contained as true. And
if they are so accepted, we should not
admit the petitioner to bail in the face
of the declaration of the governor that
the petitioner has aided and abetted
those who stand in defiance Of the law
and that he is the leader of band OF
lawless men engaged in acts of insur-
rection. To admit the petitioner to bail
before we have determined the main
question, would, it seems to us, be in
vading the legitimate province OF the
executive department; and that we are