The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-07-28

tive department of the state that when
he takes command of the military fore
es he is still at the head OF the civil
power, and that the section of the bill
of rights that declares that the mill
tary shall always be in strict subordi-
nation to the civil power" has no
other meaning than that the military
shall always be under the command
of the governor, it is simply annull-
ing that section of the bill of rights.
The section referred to must have
some meaning. 1t can have no mean
ing if it is construed as the court
construes it. / think it has a mean
ng. The language used is not obscure
pendence.
Again the court says: 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"
This sentence inf1icts fatal wound
upon civil liberty, suspends indefinite
ly the privilege Of the writ OF habeas
corpus, annuls that section of the con-
StitutiOn which declares that no pei
son shall be deprived Of liberty with
out due process of law, and character
ICES the declaration of the supreme
court of the United States as an alb
surdity.
| say this because the opinion de-
clares that the governor is the sole
Judge of the conditions which impel
him to call forth the militia, and to
withdraw it, and of the necessity to
imprison and detain; and this with
cut regard to the guilt or innocence
of the person imprisoned. This was
the doctrine the supreme court had in
mind when it declared: mo doctrine
involving more pernicious conse-
quences was ever invented by the wit
of man."
A Union congress declined to invest
the beloved Lincoln with such enor-
nous power, and although it author
lied suspension of the privilege Of
habeas corpus, it declared the super
lority of the civil power by requiring
the release Of prisoners unless indict-
ment was returned within limited
time.
| know of no authority that vests
in the governor the power to arrest
one who he may think will commit an
offense. 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 period of nearly ninety days as a
punishment; and when the court says
that the petitioner, by his detention,
loses none of his constitutional rights,
it ignores, it seems to me, that Sec
ton OF the constitution which pro-
vides that no person shall be deprived
of his liberty without due process of
law. s.For, suppose it should tralspire
that the petitioner is not guilty of any
that the civil power shall control at
or ambiguous. 1t undoubtedly means
all times, in war and in peace. The
supreme court OF the United States
has said that the attempt to make the
military independent of and superior
to the civil power by the king of Great
Britain was deemed by our fathers
such an offense that they assigned it
to the world as one of the causes which
impelled them to declare their indie
offense. would not his Imprisonment
without charge and for the purpose of
preventing him from committing an
offense be an injustice? The court
has presumed that this man is an in,
surgent the presumption Of law is
that he is innocent. he ASSETS that
he is not guilty, and no one has
charged that he is guilty. The only
statement made which in any way i'm
plicates him is that of the adiutant
general, who says that he became con-
WINGED by inquiry that he was the
leader Of band of lawless men.
Meyer may be guilty Of the most
heinous offenses. 1t may be that he
deserves to linger in prison the re-
mainder of his natural life, but he is
entitled to his liberty unless some