The Elbert County tribune., 1904-04-28
BAIL IS DENIED
HAseAscoRPus CASE MAY FIFTH
Meyer Refused Bail Meantime, Be-
cause the Governor Asserts That
It Would Be Dangerous to Set Him

Denver. May 25.-At ~: 80 p. m. yes
terday the Supreme Court handed
down its decision denying Charles H.
Meyers application for bail pending
the consideration OF the merits of the
contention involved in the habeas cor
pus case instituted on his petition.
The opinion was written enc. de
| livered by Justice Steele.
Merely the matter OF bail was con-
sidered by the court" said Chief JUS
tice Gabbert, as he came down the
corridor on his way to luncheon All
other questions in the case will be
considered after counsel present them
on May 5th."
Mr.. Justice Steele delivered the
opinion of the court:
Upon the return day OF the writ.
and pursuant to its commands, the
respondents named in the writ pro-
duced the body OF the petitioner.
Upon the same day Sherman NJ. Bell,
as brigadier general and adjutant gen.
eral of the state. made return to the
writ and herewith filed objections to
the further exercise Of Jurisdiction by
the court. From the return 1t appears
that on the 23d day OF March. 1904.
the governor OF the state. by his proc
lamation, proclaimed and declared the
county of San Miguel to be in a state
of insurrection and rebellion.
That Immediately after the issu-
ance of the proclamation of the gov
ernor commanded the respondent to
forthwith proceed to the county of
San Miguel with such portion of the
National Guard OF the state as might
be deemed essential and to use such
means as might be deemed necessary
for the restoration of peace in said
county, and for the effectual suppress
sion Of the insurrection and rebellion:
that, pursuant to the command of the
governor. he proceeded to the county
of San Miguel with a portion of the
National Guard of the state; that af-
ter his arrival at the county seat OF
San Miguel county he became salts
fed that the said Meyer was promi-
nent leader of bands of lawless men
engaged in acts of insurrection and
rebellion, and that SO believing he
caused the arrest and detention of
said Meyer; that In his judgment, in
order to prevent the said Meyer from
lending aid. comfort and direction to
the lawless persons now engaged in
rebellion in said county. and in order
to restore public tranquility. it is alb
solutely necessary to detain said Moy-
er and restrain him of his liberty.
That as the officer now in command of
the National Guard, now on duty. he
detains the said Moyar, and that he
has been commanded by the governor
OF the state not to surrender or release
the said Meyer during the existing
condition of affairs in said county. ell
ther upon writ Of habeas corpus or 9TH
erwise. until further orders"
Attached to the return is GER
- tha
he states that the facts contained
in the return are true, and that
the arrest and detention Of said Meyer
were effected under his direction as
governor and commander-in-chief of
the National Guard of the state. and
that in his Judgment the continued re-
tention of the person of said Meyer is
a necessary and essential step in the
restoration of public peace and order
and the suppression of the existing
state of insurrection and rebellion in
said county.
"At the time of the issuance of the
writ 1t was stated that we reserved the
right to pass upon the question of our
Jurisdiction when Snal disposition was
made of the case; and If we were now
to admit the prisoner to bail, we should
in effect determine that we have juris-
dIction. and should, pending the hear
ing, grant all the relief that the petit
toner demands.
IF the liberty of the petitioner alone
were involved. we should probably re-
solve the doubt in his favor. admit him
to bail and determine the question of
jurisdiction afterward; but the head of
the executive department of the state
has stated in the return to the writ
that in his solemn judgment peace and
tranquility cannot be speedily restored
in the county of San Miguel, unless the
petitioner remains in the custody of
the military authority. Therefore. the
matter involved affects not only the
liberty of the petitioner. but the peace
of the people of San Miguel and incl
dentally the tranquility of the people
of the entire state.
although many OF the averments of
the return are denied, we shall accept.
for the purpose of determining the
question here presented, the state
ments therein contained as true. And
IL they are SO accepted. we should not
admit the petitioner to bail in the face
of the declaration of the governor that
the petitioner has aided and abetted
those who stand in defiance of the law.
and that he is the leader of a band OF
lawless men engaged in acts of insur-
rection. To admit the petitioner to bail
before we have determined the main
question, would, it seems to us, be in
vading the legitimate province of the
executive department; and that we are
restrained from doing by the funda-
mental law.
Nothing we have said should be re-
garded as foreshadowing the decision
upon the important questions which
must necessarily be determined upon
the final hearing.
although the chapter of the statutes