The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-04-27
'fYour Acts Are LaWless and Unconstitutional. -
Says the Man Who Defended the Occur
d'AIene Strike, land Are Leading Colorado
Down the Bloody Lane to DespotIsrn"-. IAN
Open Letter to Governor Peabody.

kane of the law firm of Robertson,
Miller & Rosenhaupt, who defended
the miners in the Occur d'Alene strike
a few years ago, has addressed an
open letter to Governor James II.
Peabody Of Colorado, as he states,
upon the conditions that exist in the
state of Colorado, brought about by
your lawless and unconstitutional
acts in depriving citizens of those
sacred rights guaranteed by the con-
stitution,' by which Attorney Robert
son refers to the exercise of the
power resultant from the declaration
of martial law at Telluride and other
points in Colorado where there are
strikes.
Robertson's letter is in reality a
lawyers brief upon the constitutional
questions involved in the Colorado
governors declaration and exercise of
martial law The Colorado governor
followed the decision Of the supreme
court of Idaho in the Occur d'Alene
cases, which holds that martial law
can be put in force to a limited ex-
tent-that is as to certain civil mat
tiers the courts may operate, but as
to certain other matters martial law
shall prevail
The soundness of this legal hold
ing is thoroughly discussed and de-
MED by Robertson. He says:
idaho Supreme Court Unlearned.
The statement of the supreme
court of Idaho that martial law can
exist to limited extent is the an
nouncement of a doctrine that shows
want of learning on the part of the
chief justice Of Idaho who announced
It,"
The second point presented by the
letter is defense of personal liberty,
in which Robertson quotes Black
stone, the Magma Charta, charter of
Henry III, and many constitutions
and decisions in the United States.
In introducing his quotation from
the Magma Charta, Robertson said:
Tyrants Are Deposed.
yourself to be have been ever des-
pissed by mankind, and to restrain
such the Magma Charta provides"
etc.
Other warm things contained in the
letter are as follows:
You were elected by the people of
the state of Colorado to execute the
To- 20 .
"Under the pretense of military ne
cessity and with an armed force, the
pay of which is guaranteed by the
Mineowners' Association of Colorado
and under it's servile control, you
have invaded homes of citizens guilty
of no crime and without warrant of
law, arrested and removed their in
habitants."
Union Men Criminals.
you have declared it a crime to
belong to a miners union"
You have established bull pen
prisons in which you have incar-
cerated citizens without charges be-
ing preferred against them
and upon your own authority you
have caused men to be imprisoned,
shot and outlawed."
He closes with the following para
graphs:
Usurpation of Power.
You do not know whether you will
obey the supreme court of your state.
Why? Is the city of Denver under
military rule? Are you superior to
the judiciary Of the state in a time of
peace? Is the life and liberty of the
citizens lodged in your hands? If so,
then the power of the czar of Russia
is less potent, You can take the life
of the court under martial law, if
they oppose your policies, by a drum
head court martial. Would you dare
to do it? You would not. Because
such an act would call attention of
the nation to your usurpation of
power
at is within your power to use
the military of the state of Colorado
as an aid to civil authority, to see
that the courts may execute their
processes; that their doors may be
open to all litigants; that persons
who wrongfully interfere with them
be imprisoned; but that you should
assume the highest judicial functions,
with an arbitrary power that you
demonstrate alike without pity, with
out mercy and without remorse,
calls, I believe. for protest In such
words that your dull ears may hear,
although you yourself are incapable
Of comprehending them.
Bloody Lane to Despotism.
You are leading the fair state of
Colorado down the narrow and bloody
lane Of despotism, and by your anar-
chistic acts are inviting a reign Of
terror and bloodshed that can only be
averted by the highest judgment of
the best citizens of your state.
Il favor no man or set of men who
violate the law; but you have com
mitted greater crime. You have
not only violated the constitution of
your state, but instead of standing
for the liberties of all, you have I'M
fortunately permitted yourself to be
used against the considerable mass
or citizens who have builded UP the
resources OF your state; and while
some OF them may commit crime, as
crime In not the property of any
class. TO stigmatize them all, and to
deny them the right Of being heard
In the courts Of the state, is in itself
great wrong, no greater than which
can exist Very respectfully,
.E q RnnI1ppcnAy