Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-07-02
Justice Steele, of Colorado,
Hands Down an Important
Decision In Meyer Case
SAYS PEABODY WENT TOO FAR
Military Government overstepped Its
Bounds in Refusing Habeas Corpus
to Prisoner--opinion Deals With the
Situation Created by Military Rule in
Colorado.

Denver, July 2.-Justice Robert w.
Steele Of tie state supreme court yes
terday filed his opinion dissenting from
the decision OF the majority in refus-
Ing writ of habeas corpus to Charles
II. Meyer, president of the Western
Federation of Miners, when he held as
q military prisoner at Telluride by Or
der of Governor Peabody. The opinion.
containing nearly $4,000 words deals
exhaustibely with the situation created
in this state by military rule and cites
q mass of authorities to show that only
the legislature can suspend the writ OF
habeas corpus. Justice Steele says IN
part: mo person who has the slightest
claim of responsibility SHOULD hesitate
to approve the action of the governor
In enforcing the law, and ! am willing
to uphold him and to applaud him so
long as he keeps within the lines or the
constitution. But l am not willing 10
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-
tabiishment of precedent which Will
not apply to other classes or other con-
ditions when another governor under
takes to exercise the same arbitrary
power.
81 am not willing to concede the pow
or claimed by the governor and exer-
~ n
such power is not vested in him by the
constitution. The people should never
have intended to erect such an engine
of oppression.
III follows. Of course, that il the
present executive is the sole judge Tor
the condition which can call into ac-
ton the military power of the govern
ment and can exercise all means nec-
nessary to effectually abate the cendi-
tions and the judicial department cam
not inquire into the legality of such
acts, that the next governor may. by
his understanding, exercise the same
arbitrary power. If the military au-
thority may deport the miners this year
1t can deport the farmers next year.
Governor Has Gone Too Far.
eff a strike which is not rebellion.
hnt he SO regarded because the gov
eruor saws it is expected, then any
condition must be regarded as rebel
lion which the governor declares to be
such; and if any condition must be re-
garded as rebellion because the gov
erner says so, then any county IN the
state may be declared TO be In state
OF rebellion. whether rebellion exists
or not, and every citizen subjected to
arbitrary arrest and detention at the
will ana pleasure at the head of the
executive department. We may. then,
with each succeeding change in the
legislative branch of the government.
have class arrayed against class. and
interest against interest; and we shall
depend for our liberty, not upon the
ccnstltut,cn hut upon the grace AMI
favor Of the governor and his military
subordinates."
'The authority Is overwhelming.
continues the opinion, that the posi-
ton Of the governor cannot be sns-
tanned: that the power of suspending
the privilege of the writ of haheas
corpus is legislative and not executive:
that martial law can only prevail in
places where the civil law is over
thrown by force, and that 1t exists
only so long as 1T is necessary To re-
instate the courts; that martial law
cannot prevail where the courts are
open and exercising their functions:
that the judicial department will take
notice whether the courts are open or
have been overthrown by superior
force.
"This court has not undertaken 10
declare the position taken by the gov
ernor and his special counsel is corr
rect, but has said that the right of the
governor declare and enforce martial
law and suspend the privilege of the
writ of habeas corpus is not involved.
The court would have sustained the
governor, under the authorities, II At
were possible to do so; but, finding 1t
Impossible to sustain him under the
authorities, it has sustained him IN
spite of them.
But l believe that the constitution
has been unnecessarily assailed and
rudely violated by the head of the ex-
ecutive department, and ! further be-
lieve that this court has removed the
landmarks which our fathers have set,
and my duty requires me to withhold
my approval