Rocky Ford enterprise., 1904-08-19
HAsEAs CORPUS AND MARTIAL
LAW.

Every possible attempt IL being
made by Democratic and Socialist fus-
lon speakers. and tho Democratic
press throughout the state. to create
tho impression that In the recent la
Dor troubles the governor suspended
tho privilege Of the writ Of habeas cor
pus and declared martial law. and that
in 30 doing he exceeded the limits OF
his authority. 4 prominent Demo
cratic lawyer has made the following
statement upon this question:
The governor did not suspend the
privileges Of the writ. nor did he de-
clare martial law.
In the Meyer case. so far from de-
nying the privilege OF the writ. the
body OF Meyer was actually produced
In court. and that is the case on which
most OF these allegations arc based.
As to martial law. there has not been
a single trial by court martial for an
oifense alleged TO hayo been commit.
ted by aAy person not . member OF
tho National Guard. Under martial
law the civil courts arc suspended and
all trials nro held by courts martial.
That the courts were not thus super
seeded. and that Their. were no courts
martial called. is sufficient evidence OF
tho fact that martial law did not OK.
list.
Tho Supreme Court declared the
state OF tho case very clearly In Its
having been produced In court. Il was
incumbent upon the governor TO show
why Meyer had been restrained OF his
liberty. This he did by showing tha,
In his opinion. based upon the repre-.
scntations OF tho civil authorities. a
state OF insurrcction and rebellion cx.
t.s fa T.tt
Creek districts: that In tho exercise OF
his executive duty. deyoived upon him
by the constitution. hc was compelled
to decide whether such 4 state exist.
cd or not: and that by the const!su-
ton he is the sole Judge In that mat
ter. A state OF insurrcction having
been declared to exist. such insurrcc-
tIon was put down by tho military. act
Ing under tho orders OF tho governor
ns chief civil o.ilccr OF tho state: and
IL was put down by the means which
tho military are empowered to employ
and which they usually do employ In
such cases. In the exercise OF his best
Judgment. tho commander In tho Tel
luridc district found that the presence
OF Meyer was n hindrnncc to tho sup
precision OF tho instruction. and ho
took Meyer into custody. When or
uCrCl py Juukt sNtN'hh " hNiShH'
Meyer. the order was disrcgardcd. and
the matter was passed up TO tho SUI
prcmc Court. That court having Is
sued writ OF hnbcas corpus COM
mnnding that Meyer should be pro-
duccd before II. he was produced. and
argument was had rs to the right OF
the governor to deprive Meyer OF lib
erty 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. the
authority to decide when case OF In
surrection and rebellion existed. and to
nut down such insurrection and rebel.
lion by any means necessary: and that
WINE he is acting In that capacity and
for that end, the court has no 1uris-
diction to interfere with him In the
performance OF his duty.
This decision was In line with all
other decisions on the same general
subject which have been made In 9TH
er states. Nothing is OF more import
ance In our form Of government than
that each department. legislative. ex-
ecutive and judicial, should be su-
preme in its 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.