Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-07-07
VIGOROUS DISSENT
JUSTICE STEELE OF COLORADO,
FILES HIS OPINION.
Sees Great Danger in the Recent
Decision of the Colorado SUI
preme Court in the Case of
MOyer--Legislatu Only Has
Right to Suspene Habeas COryus


preme court, has filed his opinion dis
sentiug from t.e decisionn of the ma
jority in refusing writ of habeas cor
pus to Charles II. Meyer, president of
the Western Federation of Miners,
when he was held as a military pris
oner at Telluride by order of Governor
Peabody.
The opinion, containing nearly 49,
600 words, deals with the situation
created in this state by military rule
and cites mass of authoritis to show
that the legislature only can suspend
the writ of habeas 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 am willing
to uphold him and to applaud him SO
long as he keeps within the lines of the
constitution. But l am not willing to
uphold him when, in my opinion, he
breaks down the barriers erected by
the people for their protection, nor am
l willing to accord to the constitution
elastic properties for the purpose of
sustaining him, nor to join in the es-
tablishent of precedent which will
not apply to other classes or conditions
when another governor undertakes to
establish the same arbitrary power.
An Engine Of Oppression.
81 am not willing to concede the
power claimed by the governor and ex-
ercised by him, because, in my opin-
ion, such power is not vested in him
by the constitution. The people could
not have intended to erect such an en-
CINE of oppression.
at follows, of course, that if the
present executive is the sole judge of
the conditions which can call into ac-
ton the mmilitia power of the govern
ment, and can exercise all means nee
essary to effectually abate the condi-
tons, and the judicial department can
not inquire into the legality of his
actgs, then the next governor may by
his ukase exercise the same arbitrary
power. If the military authority may
deport miners this year it can deport
the tanners next year
eff strike which is not rebellion
must be so regarded because the gov
ernor says it is, then any condition
must be regarded as rebellion which
the governor declares to be such; and
if any condition must be regarded as
rebellion because the governor says so,
then any county in the state may be
declared to be in a state of rebellion.
| whether a rebellion exists OF not, and
every citizen subjected to arbitrary ar
rest and detention at the will and plea
sure of the head of the executive de-
partment
"We may then, with each succeed
| ing change in the executive branch of
the government, have class arrayed
against class, and interest against in
terest, and we shall depend for our
liberty, not upon the constitution, but
upon the grace and favor of the gov
ernor and his military subordinates.
g 1t is so clear that the power to sus-
pend the privilege of the writ of ha-
beas corpus is not lodged in the execu-
tive branch of the government that it
seems like waste of time to discuss
the question. If there is any one
question positively and finally settled,
it is that the power to suspend the
privilege of the writ of habeas corpus
is solely legislative power.
The greatness of this country con-
sists in being able to protect by the
shield of its constitution, the humble
and the exalted, the pure and the
wicked. We gave the wretches Gui-
teau, Pendergast and Czolgosz trials
by due form of law and by SO doing
we strengthened the nation at home
and abroad. Had we departed from
the principles declared by our fathers
we should have lessened the liberty of
every citizen and imperiled the title
to all property.
when we deny to one, however
wicked, right plainly guaranteed by
the constitution, we take that same
right from every one.
when we say to Meyer, You must
stay in prison because if we disc charge
you, You may commit crime, we say
that to every other citizen.
when we ssy to one governor You
have unlimited and arbitrary power.
| 1ot he f,,% ~,