Durango semi-weekly herald., 1904-06-13
GOV. PEABODY SUSTAINED
BY THE SUPREME COURT


o
Yesterday the supreme court Al.
nonnced It's decision in the Meyer case
denying the petition for a writ OF ha-
beas corpus, sustaining the action of
Governor Peabody and declaring tha;
the governor has tho exclusive right
and power to determine whether a
state OF insurrection exists. and to EN-.
pS whatever means may in his opin-
ion be requisite TO enforce the law'and
restore order
In rendering the decision the court
took a position which VIII be epoch
mSAing in the history of Colorado jur-
isprudence. 1t established a prece-
dent which will guide all men in the
future and uphold the exercise OF ex.
ecutive perogatiye in all similar cases
that may arise, 1t defined and made
clear power which mas always ex-
listed, but until this decision was rem
dered had not been presented To the
public.
The court denied the petition of
Meyer for writ OF habeas corpus. II
placed its decision upon the broad
ground that there must he some power
in the state 10 determine whether or
not an insllrrectiOn exists. and to adopf
Whatever measures may he needed for
It's suppression. II did not make the
ciYil authority subordinate to the mi
itary. On the contrary Il declared that.
following The suppression OF the in
surrection, all persons arrested by the
military should be turned over to the
civil authorities for trial and punish
ment- II has taken sound position.
which Will commend the decision 10
the approval Of every thoughtful cit
izen. In The main the court followed
the line OF argument so ably advanced
by Attorney General Miller and Coun.
sclor Waldron.
Sthe great value of this victory for
and order and liberty OF individ
'ual action cannot be oyerestimated. II
vindicales the power OF the governor
lD protect every man in the right To
WORK or to remain idle as he may see
proper 1t denies the right of any man
or ut any association OF men to inter
fere with those who are willing to
work, II is great and notable vic
tory for the individual freedom of all
men ana Tor the enforcement of law
ana the maintenance of order The
state is sustained in the power to pro,
tect itself against insurrection and to
insure TO each man within its limits
the free exercise Of the rights of Amer
lean citizenship
The decision is a splendid vindica-
ton of the wise and patriotic course
pursued by Governor Peabody and sns
tains his administration in the sup
preston Of disturbances wherever
they have occurred II reflects credit |
not only upon the governor, but also |
upon the court which rendered the de. |
cision, and throughout the union it will |
be accepted by all thoughtful, loyal |
and patriotic citizens as a yindicatlor |
of law and justice of inestln.ab!e |
value.
The recognition by the highest judi |
cial tribunal in the state oi The power |
of the governor both TO determine |
whether an insurrection exists and to |
zmploy whatever means may be re
quislte for its suppression make IL I
imperative that at all times the peo
pie should be extremely careful N the
of man for the high Office
sa-chief executive. He should always |
be a man OF courage, OF decision ani |
frmness of character, prorpted sole-
ly by patriotic motives AMI clear in his
and underst andins OF duty |
The power is great. but no greater
than circumstances have shown TO be
necessary.
Governor Peabody is the man for
COlorado.-Denyer Republican