The Grit-advocate., 1904-07-08
JUSTICE STEELE
oissENrs IN THE MOVER CASE

says the Decision Granting Governor
Power to Declare Military Rule 10
Bad Law and . Menace to Our Lib.
| critics.
| Denver. July 2.-Justice Robert W.
Steele of the Supreme Court yester
day handed down his dissenting opin.
ion in the Meyer habeas corpus case.
which was recently decided by q 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 responsibility should hesitate
| to approve the action of the governor
| In enforcing the law. and l am willing
| to uphold him and to applaud him SO
| long as he keeps within the lines Of
the constitution. But l am not will.
| ing to uphold him when, in my opin.
ion. he breaks down the barriers
erected by the 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.
ion such power is not vested in him by
the constitution. The people could
never have intended to erect such an
engine OF oppression. 1t follows. OF
, course. that If 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 effectually abate
the conditions. and the judicial power
can not inquire into 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, 1t can deport the
farmers next year. II strike which Is
not a rebellion must be so regarded be-
cause the governor says it is. then any
condition must be regarded as rebel-
lion which the governor declares to be
such"
In speaking Of the courts interpreta-
tlOu VI Iue pUWeIs vi tuc 6oNeihok I'M
der the constitution he says:
THE court has not construed the
, constitution, 1t has ignored it; and the
result Is that 1t has made greater in
, roads on the constitution than 1t in
tended, and that not one of the guar
antees of personal liberty can now be
enforced"
1t is plain from Justice Steele's opfn-
hof v1ht1 ho
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 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
pressing acts OF violence and until or
der is restored, would lead to the most
absurd results
This sentence inf1icts fatal wound
upon civil liberty. suspends indefinitely
the privilege of the writ a 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 the
United States as an absurdity."
II know of no authority that vests
| in the governor the power to arrest ono
who he may think will commit an Of
fense. 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-
dod Of nearly ninety days as punish
ment; and when the court. says that the
! petitioner, by his detention, loses none
f; of his constitutional rights. it ignores.
| it seems to me- that section of the con-
| stitution 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, 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 sane power. We cannot
| change the constitution to meet condi-
tions. We cannot deny liberty to-day
and grant it tomorrow; we cannot
grant it to those heretofore above sus-
(; picion and deny it to those suspected
of crime; for the constitution is for all
men-for 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 cam
not SOW the wind and gather the rest
full calm.
"Our fathers came here as exiles
from a tyrant king. Their birthright
of liberty was denied them by horde
OF petty tyrants that infested the land