Durango semi-weekly herald., 1904-06-09
THE SUPREME COURT
DECISION IN FULL

d., "De4liy
Building sion rendered by
Ir many years Ii 3
been as anNiu"s.y .waited as the one
/ upholding Governor Peabody in his
| right TO declare state nf insurrcc.
tiun, hence we take ii that every one
OF our several thousand readers will
want To go over the decision IN full in
order that they may have thorough
| understanding Of the courts Views in
| The premises, hence we give the same
space. although lengthy. as follows:
| No. 1888. In re- Charles II Meyer,
original application for writ OF ~
beas corpus.
On behalf of Charles II Meyer a
| petition was presented representing
that he was illegally restrained of his
| liberty in the county of san Miguel.
| by Sherman Bell and Bulkeley Wells.
\ writ OF habeas corpus was issued,
| directed TO those paroles, who ON The
day II was returnable, produced the
petitioner in court, and AT the same
time made a return to the writ, where
by the jurisdiction OF this court to
| further proceed in the matter was
challenged The avermcnts upon
which the claim of want of jurisdic-
| ton is based are to the effect that
| prior 10 the detention of petitioner,
his eXcellency. Governor Peabody. by
proclamation. had determined and de-
clared the county of San Miguel to
| be in a state OF insurrection. and that
| by reason of lawlessness. disturbances
and threatened acts of violence the
civil authorities Of the county were IN
able to cope with the situation. In
pursuance of this proclamation the
governor directed the respondent,
| Sherman NJ. Bell. adiutant general of
| the State of Colorado to forthwith or
der ont such troops as in his judg-
ment might be necessary. and to re-
port 10 the sheriff of San Miguel coun.
| ty. and that he use such. means as
in his judgment might he right and
proper to restore peace and good or
der in the county. and enforce obedi.
ence to the constitution and laws Of
the state. In pursuance Of this order,
General Bell proceeded to the county
of San Miguel in charge and in com
mand OF members of the Colorado Ma
| tional Guard and ever since has been,
and now is. actively engaged in quell-
ing the disturbances which called forth
the proclamation and the executive or
der above referred to-. that in the dis
| charge of these duties he became con
WINGED that petitioner had been, and
| if discharged from arrest, would con
| tinue TO be an active participant in
| Ga,
| dition of insurrection existing in the
| county; that he was and is a prom
| lnent leader of those engaged in the
acts of insurrection and crime, TO sup
| press which the National Guard was
called into requisition; that for these
reasons, he caused the arrest. appre-
| hensiOn and detention OF the petitioner
in the county Of san Miguel. and does
now restrain, detain ana imprs0n
him for the reasons and upon the
grounds above SET forth that it is his
purpose and intention to release and
| discharge petitioner from military ar
| rest as soon as the same can be safely
| done with reference to the suppress
sion Of the existing state OF insurrec-
| ton in the county, and then surrender
] him to the civil authorities to be dealt
with in the ordinary course of Justice.
| after such insurrection is suppressed.
1t is further stated that the governor
| has issued orders and instructions 10
| General Bell not to surrender or re-
lease the military custody OF petitioner
| during the existence and continuing
condition Of affairs in the county Of
| San Miguel. as mentioned aud set
forth in the proclamation and cNecu-
| tive order OF his eXcellency. 1t is also
stated that the respondent. Bulkelcy
Wells. is subordinate military Of
ficer. under the direct command OF
General Bell. and that his acts in the
premises with reference to the arrest
and detention OF petitioner have been
| by virtue OF express command in that
behalf issued TO him by his superior
officer. To this return is appended the
certificate of Governor Peabody. to the
effect that the matters aud things set
forth in the return are true. and that
the arrest and present detention Of
petitioner were had and done in pur-
suance of the authority conferred upon
him by the constitution of the state.
| that the acts OF General Bell In ar
resting and detnining petitioner were
done by his express sanction as gov
ernor of the state and commander-in-
chief of its military forces; and that
the insurrection recited in his proc