The Holly chieftain., 1904-06-10
MILITARY RULE
SUSTAINED BY SUPREME COURT
Action of Governor Peabody Upheld
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 II. Meyer president
of the Western Federation of Miners.
was complete victory for the state.
The position of the governor and his
military policy in suppressing Insured.
hon 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 a day or two.
In effect the opinion holds
first-That the governor has ex-
elusive constitutional power to deter
mine and say whether insurrection and
rebellion exists, and no authority can
leview 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 insurrection and repel invasion.
Third-ln the course of such suppress
sion 1t 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 constitution
al authority vested in the governor
When Imprisonment is resorted to as a
means of suppressing insurrection.
such Imprisonment is lawful as much
as II the warrant had been sworn out
in court of competent jurisdiction,
and the judiciary must not interfere in
any way.
Fourth-The governor has the right
to determine when an insurrection 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 state of insurrection
exists in the county of San Miguel can
not be controverted. Otherwise the Or
ders of the executive would depend up
ate branch of the state government.
Without such authority. the pres
ence Of the military in 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
nN two ,,f l. yty,,, al.
to suppress insurrection. it is impos-
sible to imagine upon what hypothesis
1t can be successfully claimed that the
milder 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 a riot
or insurrection is arrested. must turn
him over to the civil authorities of the
county, the arrest might. and in many
instances would. amount to mere
farce.
ITO deny the right of the militia tc
detain those whom they arrest while
engaged in suppressing acts of violence
and until order is restored, would lead
= TO 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 preiudices and often given weigh
in the pubic mind to which they are
not entitled. every government neces
| sarily includes grant of power lodged
: somewhere. 1t would be imbecle with
out 1t"