Idaho Springs siftings., 1904-05-14
JUDGE STEVENS
COURT AT TELLURIDE
Objects to Military Demonstration
Says II Would Be Farce to
Attempt TO Enforce Civil Law.

ASSaftAr -naN AN--N OsN SpSNiai
from Telluride this afternoon gays:
Court did not convene in Telluride
this morning. Judge Theron Stevens
sprung a great surprise upon this COM
munity when the hour had arrived for
the convening of the May term. by an
nouncing from the bench that there
would be no court held at this time
and that all pending cases would be
continued until the November term.
Judge Stevens was very much dis
pleased with the reception accorded
him at the railway station last evening
upon his arrival. when he was COM
PEELED to walk between files of soldiers
and armed citizens from the passen-
ger coach to an omnibus standing
near. These armed citizens and troops
were at the depot ostensibly to arrest
n number OF incoming men who had
been deported from this camp. but
Judge Stevens says there was no rea-
son to expect deported men to come
in from Ouray. as none started from
there on the train he came to Telluride
on.
The entire bar OF San Miguel county
was present in court and attorneys
were quietly awaiting to hear the as.
sienment of cases in their order OF
trial Sheriff Rutan, in the usual for
NAL manner declared the District Court
Of the Seventh judicial district opened
for the May term. Everyone in the
room was waiting to hear Judge Ste
vens orally give his reasons for dis
charging last week the grand and petit
jurors which had been summoned by
the sheriff for attendance upon the
present term OF court.
Instead Of this. the judge turned in
his revolving chair. cleared his throat
and proceeded to deliver the following
order which was taken by the stenog-
rapher and later reduced to writing:
Gentlemen Of the bar | came here,
yesterday. for the purpose of opening
court and transacting such business as
| felt the conditions would justify.
Il find different conditions here
from what expected. The demonstra-
tion at the depot last night upon the
arrival OF the train could only have
been planned and executed for the pur-
pose OF showing the contempt OF the
military. and a certain portion OF this
community. for the civil authority OF
the state and the civil authority OF
this district. had always been led to
suppose. from such research as | had
been able to make, that in a republic
like ours, the people were supreme:
that the people had expressed their
will in n constitution which was enact
ed for the government of all authority
In this state. That constitution pro
yides that the military shall always be
In strict subordination to the civil au-
thorities II is doubtless construed
differently, however. by the executive.
who has declared this county to be in
a state OF Insurrection, and has de-
clared martial law within its limits.
In effect. therefore. the executive
has said that there is no law In this
county except the military command
er's. can only believe from the indi-
cations: from the demonstrations that
have been made: from the conditions
which seem TO exist here-that the ex-
ecutive and the military and a portion
of the people OF this community are
willing that this court should be
opened and such business transacted
as meets the approval OF these people;
that such orders of the court as meet
the approval OF the military command
er and a portion OF the people of the
county. may be executed: but that
such portion OF the orders of this court
or the DEGREES of this court as do not
meet with the approval of the military
and the people of this county may not
be executed. Under such circum-
stances the court would not be in po-
sition to enforce its lawful orders or
what IL conceives to be its lawful or
ders. Such being the case. 1t would
simply be farce to attempt to en-
force civil law in this county.
1T seems to the court, further, that
the members of the bar OF this county.
with a few exceptions, have become
imbued with the military spirit to such
an extent that they would not feel like
assisting this court in the proper
transaction of the business of this
term Under such circumstances the
court would be greatly hampered
should 1t attempt to do business. For
that reason | have decided that. until
a different condition exists, until the
supremacy Of civil authority is ac-
knowledged in this county. shall not
attempt to transact any business with
in its limits. 1t is therefore ordered
that all matters pending and undeter-
mined in this court be continued until
the next term. IL is further ordered