Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-07-05
PEABODY IS
CRITICISED
SUPREME JUDGE OF COLORADO
SCORES GOVERNOR FOR HIS
UNUSUAL ACTION.
EXCEEDS AUTHOR IT Y
Justice Robert w. Steel Dissents From
Finding of Other Members of the SUI
preme Court in the Meyer Habeas
Corpus Case.

Denver, Col, July 2. Justice Robert
W. Steel, of the state supreme court,
mas just filed his opinion dissenting
from the decision of the majority in re-
Iuslng writ of habeas corpus to Chas.
II. Mover, president of the Western
Federation of Miners, when held as a
military prisoner at Telluride by order
OF Governor Peabody.
The opinion deals exhaustively with
the situation created in this state by
military rule and cites a mass Of au-
thorltles to show that only the legisla-
ture can suspend the writ of habeas
corpus.
Judge Steele declares himself willing
to uphold the governor in enforcing
laws, so long as he keeps within the
lines of the constitution" and then
says:
Constitution Not Elastic.
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 I willing to
accord to the constitution elastic prop
critics for the purpose of sustaining
him, nor to join in the establishment
of precedent which will not apply to
other classes or other conditions when
another governor undertakes to re-
verse the same arbitrary powers.
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, and the people should
never have intended to erect such an
engine of oppression.
Farmers as Well as Miners.
ut follows of course that if the pres
ent executive is sole Judge of the condi-
ton which can call into action military
power and can exercise all means nee
essary to effectually abate conditions,
and the judicial department cannot in
quire into the legality of his acts, the
next governor may by his case, exer-
else the same arbitrary power Ifimil-
itary authority may deport miners THU;
year it can deport farmers next year.
eff strike which is not a rebellion
must be so regarded because the gov.
ernor says it is, then a condition must
be regarded as rebellion which tine
governor declares to be such; and if
any condition must be regarded as a
rebellion because the governor says SO
then any county in any state may be
declared in state of rebellion, whether
rebellion exists or not and every citi.
zen subjected to arbitrary arrest and
detention at the will and pleasure of
the head of the executive department,
we may then with each succeeding
change in tie executive branch of the
government have class alrayed against
class, and interest against interest,
and we shall depend for our liberty net
upon the constitution but upon the
grace and favor of the governor and
his military subordinaues."
Position Cannot Be Sustained.
Steele cites authorities overwhelm
ing that the position of the governor
cannot be sustained and declared:
"The court has not construed the con,
stitution but has ignored it and the re.
suit is it has made q greater inroad on
the constitution than it intended and
that not one of the guarantees of per.
sonal liberty can now be enforced"
He also declares that the court find
ing it impossible to sustain him 1.-THE
governor,) under the authorities il has
sustained him in spite of them"
He believes the constitution has beer
Unnecessarily assailed and rudely VIC
lated by the executive department! and
that the court has removed landmarks
which our fathers have set and my
duty requires me to withhold my ap
prevail"