The Glenwood post., 1904-06-11
MILITARY RULE
SUSTAINED BY SUPREME COURT
Action of Governor Peabody Upheld
Has Power to Enforce Martial Law.
Justified in Keeping Meyer Un-
der Arrest.

Has Power to Enforce Martial Law.
Justified in Keeping Meyer Un-
der Arrest.
Denver June THE decision
handed down yesterday morning in the
original application for writ of habeas
corpus for Charles H. Meyer president
or the Western Federation of Miners,
was a complete victory for the state.
Inc position of the governor and his
military policy in suppressing insurrec-
.tlon and disorder was upheld in every
detail. The opinion written by Chief
Justice Gabbert is concise and direct
ITS logic is forceful and its language
| cannot be misconstrued. The opinion
was sustained by Justices Gabbert and
Campbell. Justice Steele dissenting.
The dissenting opinion will be handed
down within day or two.
| In effect the opinion holds:
First-That the governor has e1-
elusive constitutional power to deter
mine and say whether instruction and
rebellion exists, and no authority can
| Ieview or deny his decision.
| SecOnd-The governor is vested with
the constitutional right to call out the
| military forces of the state to sup
! press Instruction and repel invasion.
| Ihlrd-ln the course of such suppress
| sion II is right for the governor to or
| der soldier to kill or imprisOn Of
| Tenders, and those who obey such or
| ders are protected by the constitutions
| al authority vested in the governor.
| When Imprisonment is resorted to as a
means of suppressing insurrection,
such Imprisonment is lawful as much
as if the warrant had been sworn out
| in court of competent jurisdiction,
and the judici~ry must not interfere in
any way
| Fourth-The governor has the right
| to determine when an instruction has
been suppressed and until he so deter
mines any Imprisonment still remains
| lawful
The decision leaves Meyer in mill
| tary custody until the governor deter
mines that his freedom would no long
| er prove inimical to the interests of the
state and the preservation of law and
order
| There are occasional passages in the
| opinion which are sharp and con-
elusive Some of them are as follows:
THE recitals in the proclamation to
| the effect that a state of insurrection
| exists in the county of San Miguel can
| not be controverted. Otherwise the or
| ders of the executive would depend up
| on the judgment of another co-ordin-
| ate branch of the state government
Without such authority. the pres
ence of the military in a district under
| the control of the insurrectionists
would be mere idle parade, unable to
accomplish anything in the way of re-
storing order or suppressing riotous
conduct
IF the military may resort to the
extreme of taking human life in order
J to suppress instruction, it is impos-
| sible to imagine upon what hypothesis
| it can be successfully claimed that the
milders means of seizing the persons OF
those participating in the insurrection
or aiding or abetting it may not be re-
sorted to.
IF, as contended by counsel for pc
titioner, the military, as soon as riot
or insurrecton is arrested, must turn
him over to the civil authorities of the
county, the arrest might, and in many
| instances would, amount to a mere
| farce.
ITO deny the right of the militia to
detain those whom they arrest while
engaged in suppressing acts of violence
and until order is restored. would lead
| ITO the most absurd results.
The prime idea of government is
that power must be lodged somewhere
for the protection of the common
| wealth. Appeals of possible abuse of
| power are often made in public debate.
| .They are addressed to popular fears
,and prejudices and often given weight
lin the pubic mind to which they are
| mot entitled. Every government neces-
,sarily includes a grant Of power lodged
somewhere. 1t would be imbecile with