Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-07-01
GOVERNOR BECAME LAWLESS.
Broke Down Barriers Erected by the
People for Their Own
Protection.
DEPORTATION OF THE MINERS.
II May be Followed Next Year by
Driving Out the Farmers II Chief
Executive is So Disposed

Denver, Colo, July 1,--Justice Robert
w Steele OF the Colorado state SUI
preme court today filed his opinion dis
senting from the decision OF the ma
Jortiy IN issuing u writ Of habeas cor
pus to Charles II. Meyer, president OF
the Western Federation OF Miners.
when he was held as military pris-
oner at Telluride by order of Gov. Pea
body The opinion, containing nearly
10000 words, deals exhaustively with
the situation created in this
state by military rule and cites a mass
of authorities to show that only the
legislature can suspend the writ Of ha-
beas corpus. Justice Steele says In
part;
mo person who has the slightest
claim TO responsibility should hesitate
to approve the action Of the governor
IN enforcing the law, and l am willing
to uphold him and to applaud him 80
long as he keeps within the lines Of the
constitution. But | am not willing to
uphold him when. In my opinion, he
breaks down the barriers erected by the
people for their protection, nor am |
willing to accord TO the constitution
elastic properties for the purpose of
sustaining him nor TO join In the es-
tahlishment OF precedent which viii
not apply to other classes or other con-
ditions when another governor under
takes to exercise the same arbitrary
power.
II am not willing to concede the
| power claimed by the governor and ex-
/ ercised by him, because, IN my opinion,
| such power Is not vested in him by the
constitution. The people could not
have intended to erect such an engine
| Of oppression.
1T follows. OF course. that II the
present executive is the sole Judge OF
| the conditions when can call into ac-
| ton the military power OF the gov
| eminent, and can exercise all means
necessary 20 oifeotually abate The corr
| dltions, and the judicial department
| can not inquire into the legality of hts
| acts, that the next governor may by his
| ukase exercise the same arbitrary pow
| err, II the military authority niay de-
| port the miners this year it can deport
| the farmers next year,
III a strike which Is not rebellion,
| must be so regarded because the gov
ernor says 1t is then any condition
| must be regarded as rebellion viii II
the governor declares to be such; and
| IL any condition must be regarded as a
| rebellion because the governor says so,
| then any county IN the state NAV be
| declared to be I'm a state OF rebellion,
| whether "A rebellion exists or not and
every citizen subjected TO arbitrary ar
rest and detention at the viii and
| pleasure of the head Of the executive
department. We may then. with each
| succeeding change in the executive
branch OF the government, have class
arlayed against class, and interest
against interest, and we snail depend
for our liberty not upoa the congtitu-
ton, but upon the graz and favor OF
the governor and his military subor-
dlnates.
IN no other case presented IN this
court have principles so important and
| far-reachms been involved II WAS
| deliberately and ably argued. and the
| position of counsel was clearly dehnsd,
! yet the court has eyadcd the fundumen-
! tai questions presented, and has based
| It's decision upon theories long ago de-
| termincd by iures and Statesmen 20 be
| Illogical and talse.
1T IS go olC.r that the power 20 sus-
pended the privilege OF the writ ~ ha-
beas corpus is not lodged In the eSccu-
! tive branch Of he government that n
| seems like Il waste OF time to disCu a
| the question, II there is any one qucs-
| lion positively aud finally settled Il IA
that the power to suspend the privilege
of the writ Of habeas corpus is solely
n legislative power"