Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-07
COLoRADO's TROUBLES
STATE surRHmE.cdbar REFUSES
TO RELEASE PHfs1pENr MoYER.

~ nAhAh 0 ,5HT MOVER
Defines Explicitly Governors Ample
Power in Premises-Miners VIII In
vestigate Dynamite Outrage.
- Iii ~.
A dispatch from Denver last night says:
The state supreme court today. Justice
Steel Dissenting. refused she application for
a writ Of habeas cCfpus made by counsel
for Charles H. Moyer. president Of the
Western Federation of Miners. Meyer -
held as q military prisoner at Telluride by
order OF Gov. James H. Peabody The gov
errors action In declaring martial law In
San Miguel county. In imprisoning Meyer
and other union men on the ground that
they had melted Instruction and rebellion,
and in suspending the writ OF habeas cor
pus and ignoring the authority of the local
courts because 1t seemed necessary to him
for the maintenance Of the law and order,
is sustained Oy the supreme courts de-
cision.
The opinion OF the court was given by
Chief Justice Gilbert. Its main points are
as follows:
Governors Powers
The governor has ample power to deter
mine when q state Of insurrection exists in
any county In the state. The courts have
no power to interfere with his exercise of
this prerogative: the governor has the right
to use the military forces of the state to
suppress instruction. He also has the
power to order the Imprisonment and the
killing of insurrectionists If in his opinion
that extremity is necessary. He can detain
military prisoners until he decides that the
| In r1r aCf 10 or ho rfs ~ a
state have no right to interfere with the
military authorities and their handling of
prisoners. They have no power to attempt
to discharge military prisoners. The con-
tention of the appellant that the military
prisoners should be turned over to the civil
authorities Is characterized by the court
as absurd.
The question which the court was asked
to decide was of such vast importance to
the state that seven prominent lawyers
were asked as advisory counsel to submit
opinions. Charles Hughes, one of these, it
is said, did not send in any opinion. The
other six split evenly. Those who sus-
tanned the position Of the governor were
Attorneys L. M. Goddard. Platt Rogers and
A. G. Field. Former Gov. Charles 8.
Thomas. LIE Roy Steyick and Harvey Rid
die dissented from the opinion of the court
Sent an Appeal to the President.
A dispatch from Telluride last night says:
o. A. Floaten. one of the proprietors of the
rotary Of the local miners union and Tony
Rolla, bartender, who have been advised
by the military authorities to leave San
Miguel county have retained Representa-
tive H. M. Hogg, as counsel, and, acting
under his advice. have decided to remain
here until forced to leave. The following
telegram has been sent to President Roose-
welt at Washington, to which no reply has
yet been received
Have been ordered to leave our homes
by June Z. but do NOT frtend to go, We.
your protection under the constitutional
rights. The civil courts, would protect US.
but they are poweriess, The governor will
not protect US. o. A. FLOATEN.
m. J. SULLIVAN"
Acting Gov. Haggott Will Not Inter
fere.
A dispatch from Denver. Col, last night
says: mo request has been made on me for
troops from Teller county officers, and there
will be nothing done in the way of ordering
out the guard until the legal demand is
made said Lieut.. Gov. Haggott who is
the acting governor of the state while Gov
ernor Peabody is in st, Louis. Il will not
anticipate the request in any way, and not
until | am officially advised that the au-
thoritfes cannot deal with the situation will
any troops be sent to Teller county to in
vest1gate the situation there"
An order has been issued by Governor
Peabody making effective today the suspen-
sion of martial law in Las Animas county
where a strike of coal miners. members Of
the United Mine Workers of America has
been on for several months Mai Hill will
remain In Trinidad, however, for an indeh-
mite time in command of certain troops
which will act only IN case the civil au-
thorities find them necessary. The West
ern Federation of Miners will Investigate
the dynamite outrage at Cripple Creek At
the session of the federation convention to-
DAY committee was appointed to go to
the Cripple Creek region to make a thor
ough investigation Of the affair and to spare
no one In its report.
Terror In the Cripple Greek Region.
A dispatch from Victor. Col, last night
says: A persistent rumor is current here
to the effect that Sheriff Bell was shot and
killed tonight. Sheriff Bell has sworn in
200 deputies. At midnight more than loo
arrests had been made
A dispatch from Denver says: A reisn
OF terror. brought ON by a dynamiting plot
followed by rfotins. and an assault on the
militia. exists IN the Cripple Creek mining
region tonight Armed men throng the
streets and conflicts are Of hourly occur
renee Militiamen are marching hither and
thither. making arrests by the wholesale A
number Of union miners have been placed
in the military >"buli-pen,' and others are
gathered in at frequent intervals. City and
county officers have been compelled to re-
sign because OF their reputed sympathy
with law-breakers.
AS near as can be estimated tonight twen-
ty-two persons are dead and score are
injured as result of the events leading
up to the lawlesss conditions that now pre-
vail.
Riot at Mass Meeting.
dispatch from Victor, Cel last night,
says: Deadly rioting broke out in Victor
this afternoon, while a mass meeting was
being held to discuss the murder of twelve
non-union miners by means of an internal
machine at Independence Forty shots
were fired into crowd in the street.
r. MCGEE of Victor was shot dead and
at least six persons were injured. fol-
lows: William HOskins. Goldfield, shot
through body. may die, Alfred Miller, Gold