The San Francisco call., 1904-07-07
JUSTICE STEELE'S DISSENT.

dissents from the of the in its opinion
- sustaining Governor Peabody in the measures ne
cessary make life and property safe in the mining dis
tricts of that State.
Justice Steele denies the deposit of authority in the
Governor restore order by executive action. In his
opinion he says "If the present Executive is the sole
Judge OF the conditions which call into action the
military of the Government and exercise al
necessary efectually abae the conditions,
the judicial department inquire into the legality
of his acts the Governor may by his ukase exer
else the arbitrary power If the military may de-
port the miners this year depor the farmers next
year. and shall depend for liberty not upon the
constitution but upon grace and favor of the Gov
and his military subordnates"
The opinion lacks judicial and balance 1t fails
state what the people of the mining district
had who deprived of all their rights under the
constitution, not by the Governor but by the secret
councils of the inner circle of the Miners Federation
They controlled the legal machinery of local govern
men and thereby held the constitution and the law in
suspension. Not only was their punishment impossible
by the local government but their restraint also i
possible Every writ known the judicial processes for
protecting life and property and restraining crime
vain thing.
When attack made upon mining property
there and non-union miners and the ex-
PEELED and the owners appealed the Governor fol
protection officer OF the law teegraphed him that his
action unnecessary for the mine "in the peace
able possession of the Miners Federation. search
of the constitution and laws of Colorado fails reveal
any process by which judicial protection could be ex-
tended the OF that property dispossessed and
their woringnen evcted depored under the eye
the officers of the law who accessories to the crime
by making effort to prevent it.
Turning his phraseoogy against himself, the
Miners Federation, having immunity take possession
of the property OF others and deport hundred
ngmen wound and MAIN them and forbid their return
IL JoJ Il
upon the constitution but upon the grace and favor
Of the Miners Federation With judicial remedy in
sight another organzaton equally powerful and equally
criminal might next proceed to take possession of the
ranches Greeley, Clear Creek Rocky Ford
and depot the ranche and having control OF the local
government could do so with much impunity the
Miners Federation enjoyed until the Governor took d
hand in the proceedings.
1t is rule OF law and logic that proposition cannoi
be negatived except by substitute proposition. This
rule violated by Justice Steele He attacks the action
of the Governor and repudaes the majority opinion
the court, of which he member, without saying what
should have been done by the Governor the Govern
under the circumstances they existed in the law
less counties Of the State.
He also ignores another element in the situation The
Governor took jurisdiction in the existence Of certain
facts of public knowledge. He could create those
facts They were the work of criminals whom tn,
courts could reach by OF the failure OF local
government. The Supreme Court surely could not
reach it. for it has only appellate jurisdiction Justice
Steele does say but probably thinks, that the Gov
ernor should have waited until the local authorities
called him protect life and property and restore
constitutional rights within their jurisdiction. But the
Justice knows also that the local authorities them
selves part of the awlessness, of the disorder and
crime, and that il the Governor had waited for them
every non-unon man would be by this time murdered
deported and every mine in the district would be in
the peaceabe possession OF the strikers be worked
they dictated all
The course of the Governor does depend the
single precedent OF the military deportation of the
Nauvoo Mormons by Governor Ford President Clevc-
land mindful of his oath that the laws of the United
States impartiay enforced the regulars to Chi
conditions that have made riot in Colorado. Gov
Atged protested in vain The President restored
order. Governor Peabody took an oath to faithfully
force the laws of Colorado There maxim that is
the moral part of every constitution and every
The public safety is the supreme law"
The Justice supposes in which another Governor
may dcport farmers willfuly. The constitution pro-
vdes punishment for Governor by impeachment if he
exercise power without reason With the right of inn
peachment restrain him Governor will intervene
except for the public safety Justice Steeles opinion
would have been respectable if unenabe if he had
pointed what the Governor should have done in
stead of decrying what he did.
The National Prohibition party has nominated Swallow
Office Of President Of the United States