The Elbert County tribune., 1904-06-09
MILITARY RULE
SUSTAINED BY suPReMr COURT

Action Of Governor Peabody Upheld
Has Power TO Enforce Martial Law.
Justified In Keeping Moyer un-
der Arrest
Denver. June 7.-Thc decision
handed down yesterday morning in the
original application for writ OF habcas
corpus for Charles II. Meyer. president
OF the Western Federation OF Miners,
WAS u complete victory for the state.
The position OF the governor and his
military policy In supprcasing insurrec-
ton and disorder was upheld in every
detail. The opinion written by Chief
Justice Gabbert is concise and direct.
Its logic Is forceful and its language
cannot be misconstrucd. The opinion
was sustained by Justices Gabbert and
Campbell. Justice Steele dissenting
The dissenting opinion will be handed
down within day or two.
In effect the opinion holds:
First-That the governor has ex-
elusive constitutional power to deter
mine and say whether insnrrcction and
rebellion exists. and no authority can
review or deny his decision.
Second--The governor Ia vested with
the constitutional right TO call out the
military forces OF the state to sup
press insurrection and repel Invasion.
Thlrd--ln the course OF such suppress
sion II Is right for the governor to or
der n soldier TO kill or imprison of
Tenders. and those who obey such or
ders are protected by the constitution
al authority vested In the governor.
When imprisonment Is resorted to as n
means of suppressing insurrection.
such imprisonment is lawful us much
MS II the warrant had been sworn out
In Of tt.st.
and the judiciary must not interfere in
any way.
Fourth-The governor has the right
to determine when an insurrection has
been suppressed and until he 80 deter
mines any imprisonment still remains
lawful
The decision leaves Meyer in mill
tary custody until the governor deter
mines that his freedom would no long
er prove inimical to the interests OF the
state and the preservation OF law and
order.
There are occasional ppasages in the
opinion which are sharp and con-
elusive. Some OF them are as follows.
The recitals in the proclamation to
the effect that n state of insnrrection
exists in the county of San Miguel can
not be controyerted. Otherwise the or
ders of the executive would depend up
on the judgment of another co-ordin.
ate branch Of the state government
without such authority. the pres
,ence Of the military in O district under
the control of the insurrectionists
would be n mere idle parade. unable to
accomplish anything in the way of re-
storing order or supprcssing riotous
conduct
"If the military may resort to the
extreme OF taking human life in order
to suppress insurrection, II Is impos-
sible to imagine upon what hypothesis
II can be successfully claimed that the
milder means OF selling the persons OF
those participating in the insurrection
| or aiding or abetting IL may not be re-
| sorted to.
IF. as contended by counsel for pc
titioner. the military. as soon as riot
or insurrection is arrested, must turn
him over to the civil authorities of the
county, the arrest might. and in many
instances would. amount to q mere
farce.
ITO deny the right OF the militia to
detain those whom they arrest while
engaged in suppressing acts OF violence
and until order is restored. would lead
TO the most absurd results.
THE prime idea of government is
that power must be lodged somewhere
for the protection of the common
wealth. Appeals of possible abuse OF
power are often made In public debate.
They are addressed to popular fears
and prejudices and often given weight
I'm the pubic mind to which they are
mot entitled. Every government neces-
,sarily includes grant OF power lodged
somewhere. 1t would be imbecile with
out It,"