The Elbert County tribune. [volume] (Elbert, Elbert County, Colo.) 18??-1920, 1904-07-07
JUSTICE STEELE
OlssEMrs N rAE MoysR EASE
Says the Decision Granting Governor
Power to Deciare Military Rule 10
Bad Law and a Menace te Our Lib.
ertiea.


Steele OF the Supreme Court yester-
day handed down his dissenting opin.
ion in the Meyer habeas corpus case.
which was recently decided by a ma
1ority OF the court in favor OF the gov
ernor. The opinion is along one and
radically differs from that OF his asso-
ciates as expressed In the decision of
the court. Following are some OF its
most pertinent paragraphs:
No person who has the slightest
claim to respectability 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 am NOT will
ing to uphold him when, in my opin-
ion. he breaks down the barriers
erected by .he people for their pro-
lection. nor am l willing to accord to
the constitution elastic properties for
the purpose of sustaining him, nor to
Join In the establishment OF a prece-
dent which will not apply to other
classes or other conditions when an
other governor undertakes to exercise
the same arbitrary power.
Il am not willing To concede the
power claimed by the governor and
, exercised by him because in my opin-
! the constitution. The people could
never have intended to erect such an
engine OF oppression. It follows. OF
! course. that II the present executive
| Is the sole Judge of the conditions
which can call into action the mill
| tary power of the government and can
| exercise all means TO oftectually abate
the conditions. and the judicial power
can not inquire hto the legality OF
his acts. that the next governor may.
| by his edict. exercise the same arbi-
| trary power.
IF the military authority may deport
the miners this year, II can deport the
| farmers next year. II strike which Is
not rebellion must be so regarded be-
cause the governor says It Is. then any
condition must be regarded as n rebel
| lion which the governor declares to be
such"
In speaking of the courts interpreta-
ton OF the powers OF the governor un-
der the constitution he says;
THE court has not construed the
constitution, It has ignored II; and the
result is that II has made greater in
roads on the constitution than II in
tended. and that not one Of the guar
antees OF personal liberty can now be
enforced"
| II is plain from Justice Steele's opin-
ion that while the court did not pass
upon the writ OF habeas corpus suspen-
sion and martial law, he regards the
courts conclusion as equal to this in
| their effect. In one place. in replying
| to a sentence in the courts opinion, the
! following passage occurs:
Again the court says: To deny the
| right of the militia to detain those
whom they arrest while engaged In sup
J pressing acts of violence and until or
der is restored, would lead to the most
! absurd results
This sentence infiicts fatal wound
upon civil liberty. suspends indefinitely
| the privilege of the writ OF habeas cor
pus. annuls that section of the consti-
tuition which declares that no person
shall be deprived OF liberty without due
| process OF law. and characterizes the
declaration of the Supreme Court OF tho
United States as an absurdity."
II know OF no authority that vests
In the governor the power to arrest one
who he may think will commit an Of
| Tense. No such power is granted by
| the constitution nor bestowed by stat
ute. The courts of the state are open
and In the unobstructed performance OF
| their functions Most persons would
regard restraint of liberty for the per-
iod Of nearly ninety days MS n punish
ment; and when the court says that tho
petitioner. by his detention. loses none
of his constitutional rights. II Ignores.
II seems to me. that section OF the con-
stitntion which provides that no person
shall be deprived OF his liberty without
| due process of law"
The closing paragraphs Of the dis
senting opinion read as follows
when we deny to one, however
wicked. a right plainly guaranteed by
the constitution. we take that same
right from everyone. When we say to
Meyer: You must stay In prison be-
cause II we discharge you you may
commit a crime we say that to every
other citizen. When we say to one gov
ernor: You have unlimited and arbi-
trary power we clothe future COVER
nors with that same power. We cannot
change the constitution to meet condi-
tons. We cannot deny liberty to-day
and grant 1t tomorrow; we cannot
grant 1t to those heretofore above sus-
picion and deny 1t to those suspected
OF crime; for the constitution is for all
mentor the favorite at court for
the countryman at the play'-at all
times. and under all circumstances.
I'VE cannot SOW the dragons teeth.
and harvest peace and repose; we can
not SOW the wind and gather the rest
full calm.
Our fathers came here ms exiles
from tyrant king. Their birthright
of liberty was denied them by horde
OF petty tyrants that infested the land
sent by the king to loot. to plumber.
and to Cypress. Arbitrary arrests were
made; the judges. aspiring to the smile
of the prince. refused by pitiful eva
sions' the writ of habeas corpus. Our
people were banished; they were denied
trial by jury: they were deported for
trial for pretended offenses; and they
finally resolved to suffer wrong no
mara md MI dsrod fhair Iluna fhalr