Gunnison news-champion., 1904-01-22
The LECAL FHASE

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l-IE eu.ieazHr- q. ral. t..araa.
ag mllta-t m.a Iss
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4Hythlr1 ag thc E-h.e A maH d.
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tho -erIpture- rga4 AuI Ia.l.s-
wcut and hangei hIm.,ff md ln
suathor "0,9 th8u anl % hkcvI-e
An acute legd miad -c,klng o.
aeieHa eta So csu daubfic-- un-
earth al nisnRer Ut suppased pFccc.
ieuis They o. uai convince a peo-
plc Wha have seen lsisorlug men
dragged fFom their freaidos vlth8ai
warrant and wlth8ut CAUSE and
driven D. distant socfipns. who have
seen the press mEzzied. the writ ~
hsbeas corpus doaied the distract
soar; iutlmidaiei and seen the gov
eraar and his advisors gave leg bail
IN the Victor Poale case 10 avoid hsv
IRs their Illegal acts exposed by the
supreme eoart
Es-gaverusr Chss. : Thomas pre-
SCENTS few fact. IN tins connection
that aFe - biting ve must give them
space, only resrettins that We can
noi publish the artcle entire.
The strike originated by the
Western feceration last August in
Teller and San Miguel counties has
al all times been Justly condemned
by an overwhelming public senti-
ment. II was an act II superlstive
folly that caH neither be excused uor
condoned.
But Il. when m6bllized. the nail
tia are placed above and beyond
statutes aud constitution the function
Of that arm Is perverted and the Law
is not supported but outraged The
wrong is aggravated by the fact that
Il l. done by authority
From the hour Of their entry the
militia have in both counties, acted
wholly independent 1l. and at times
iu conflict with the civil authorities
Arbitrary arrests, imprisonment Of
individuals without due or any pro
cess Of law, the invasion of courts in
the full exercise Of their powers by
squads of soldiers. the defiant disre-
gard Of wrsts OF habeas corpus, have
characterized their proceedings.
"Latterly, by proclamation, a state
Of qualified martial law has been
declared. Just what is meant bv
that expression cannot be defined
1t is a contradiction in terms. Mar
tial law cannot be qualified. AS well
seek to qualify midnight, or the law
OF gravItatlon or the recurrence of
the seasons. Martial law is no law
at all and if it exists, the will Of the
commander is substituted for the
constitution, the statutes and the
courts.
IF acts of violence including
murder and destruction of property
mean insurrection and rebellion,
every considerable city in the union
and many rural communities are ex-
posed To the alternative of martial
Law with the attendant disregard of
personsl liberty.
"LAtterly the suprsme court haa
beea appealed 10 on application for
hsbses corpss. The Law officer Of
shs state met the application by the
sssosadine propagation that the will
of The executive was the supreme lsV
Of the land. and his edicts enemps
from the control Of the courts.
DooWed TO certain defeat in that
greet tribunal. its dignity and pro-
cessss have been triAed with by the
ultimate surrender Of the prisoner
through complaint duly made asainss
him, followed by issue Of civil war
rant, thereby confessing the lawle.s-
ness OF the siuation.
The executive of the state hss no
power 10 declare martial Law. When
he does NO, he violstes his oath TO
support the constitution OF the state
and that Of the United States: for
the provisions Of the fourteenth
amendment should be quite As bind
ing upon his conscience as those Of
the commonwealth 1t is unneces-
sary to refer to the latter. The
ablest lawyers Of the state have
passed upon the question and no
court within our borders could or
would concede the power.
1t is urged that grave crimes
have been committed and Craver
ones attempted by lawless elements
IN those communities, which cannot
be suppressed save by an overthrow
and disregard Of the civil law for the
time being
The first Is granted but the lat
ter does not follow. One crime can
not well be punished by the com
mission Of others. Individu.l pas.
sion and personal revenge frequent.