The state herald., 1904-04-29
BAIL IS DENIED
HAeEAscoRPus CASE MAY FIFTH
Meyer Refused Bail Meantime, Be.
cause the Governor Asserts That
It Would Be Dangerous to Set Him


1t Would Be Dangerous to Set Him
Free.
Denver. May 25.-At 1890 p. m. yes
sterday 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 opin}yn was written one, de.
ilvered by Justice Steele.
Merely the matter of bail was con.
sidered by the court" said Chief JUS
tice Gabbert. as he came down the
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 brigadicr 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 it 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 insurrectlon and rebellion;
that. pursuant to the command OF the
governor. he proceeded to the county
of San Miguel with portion of the
National Guard of the state; that af-
ter his arrival at the county seat of
San Miguel county he became salts
fled that the said Meyer was a 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 Moyer; 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 Lis liberty.
:, hn n ~ m nj
the National Guard, now on duty, he
detalns 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 a GER
tihcate of the governor In which
he states that the facts contained
in the return are true. and that
the arrest and detention of said Meyer
we're effected under his direction as
governor and oommander-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
n necessary and essential step In the
restoration OF public peace and order
and the suppression Of the existing
state of insurrectlon and rebellion In
said county,
AT the time Of the Issuance Of the
writ Il was stated that we reserved the
right TO pass upon the question OF our
jurigdiction when final disposition was
made of the case. and II We were now
TO admit the prisoner TO bail, we should
In effect determine that we have juris-
dlotlon. and should. pending the hear
ing. grant all the relief that the petl-
TONER demands.
IF the liberty Of the petitioner alone
were involved. we should probably re-
solYe the doubt In his favor, admit him
10 ball. and determine the question OF
Jurisdiction aftorward; but the head OF
the executive department OF the state
has stated In the return Ia 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 onir the
liberty Of the petitioner but the peace
of the people Of San Miguel and Incl
dCntally the tranquility Of the people
Of the entire state.
Although many Of the ayorments 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
II they are 80 accepted, we should not
admit the petitioner TO bail In the face
of the declaration OF the governor that
the petitioner has aided and abottod
those who stand In defiance Of the law.
and that he Is the leader Of n band OF
lawlcTH men engaged n. acts Of insur-
rectiun. To ndmit the petitioner o. bail
before we have determined the main
question. would, II seem. 10 us, be in-
yndlng 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-
rardcd M fnre'hadowing the decision
upon tho important questions which
must necessarily be determined upon
the 1nnl hearing,
although the chapter of the statutes
on the subject Of hahcna corpus If not
applicable TO original proceedings IN
this court, we usually adopt the statute
for our guidance on question: Of prnc-
uto: and we should act the hearing
of this case within i've days from the
return day OF the writ II nil tho mem
bTrr uf the court could then be present
Tho questions Involved affect the priv
lirgea aud liberties ~ the people Of tho
whole state. and We think these uueH-
lions are 20 Important a. to require
.a 4. q