Durango semi-weekly herald., 1904-06-13
THE STATES LEGAL
DEPARTME ENT

DEPARTMENT
Colorado is to be congratulated up
on the success Of the legal department
of the present administration Attor-
ney General n. c. Miller and his as
sistants, Messrs. Hersey and Melville,
have had strenuous eighteen months.
probably more knotty questions aris.
ing in the legal department than dur
ing the history of the state And the
| beauty OF The whole matter is the sue
cess that has crowned the efforts of
the department in the opinions rem
| dered. Especially is this so in con
nection with the Meyer habeas corpus
case. wherein the supreme court sus.
talns Mr.. Miller's position as against
| the contention OF Messrs. Waldron and
Richardson, This should convince the
people of the state that their affairs
are safe in such hands, and all in
terests will be carefully guarded in
ali matters that may come up in the
future. OF course the friends of Mr.
Miller in Ia Plata county and this
southwest section, including the bar,
are proud of the record their state of.
ficer is making,
Those who heard and read a syn
opsis of the arguments before the
court win remember that Mr. Waldron
took the position that the governor
had the power to suspend the writ
of habeas corpus and declare marital
law whenever he deemed it necessary
Mr.. Miller, in his oral argument, AS
well as in-the printed brief filed took
the position that the declaration OF
martial law and the suspension of the
writ by the governor we're not neces-
7ary matters to be passed upon in
the determination of the merits OF
this particular case. and that it was
entirely immaterial whether it should
be held that the governor could sus-
pend the writ and declare martial law
or not. but that under our constitu
lion, the governor was given the pow
er to suppress insurrectiou and repei
INVASION, and that this power ueces-
sarily carried with II the necessary
means to accomplish it. FurthGy, thaJ
he question of whether or not an in
surrcction existed was a fact 10 be de
termined BY the governor and could
not be reviewed by the courts and that
1t would be absurd to say that the
governor should be given power. by
the constitution. to suppress iusur
rection and repel invasion and stll
that same power should not authorize
him to use the means necessary to
carry it out. For instance. when an
insurrectiOn should be reported 70 the
governor as existing in a given com
munity. and the representation made
that the civil authorities could not
control the situation. it would be alb
surd to say that the governor must
send the militia to that community
lHd arrest the law breakers, but be
Obliged to Immediately turn them
over to the civil authorities. especially
after the civil authorities had admit
ted that they were not in a position
to enforce the laws.
BY reading the opinion it will be no
ticed that the court followed exactly
question of suspending the writ or de
uestion of suspendng the writ or de
martial law was not a mat
ter to he decided in this case, and fur
ther.' the court did not decide that
question:, nor attempt it, only implied
ly from the opinion that such power
lid not exist in the governor, in that
the opirtion recites that as soon as the
insurrection is suppressed, the pet'
toner must be turned over to- the civil
to be dealt with, and he
cannot be tried for the 'offense under
martial law.
Another point commended for by Mr..
Waldron, contrary to Mr. Miller's po-
sition, was also turned down by the
court, towit: That the provision OF
the constitution. saying that the mil
itary shall always be in strict sub
ordination to the civil power" was fn
consistent with the other provisions
of the constitution, making the gov
ernor the supreme executive power
Of the state. and was, therefore, null
and void. On the contrary, the court
took the position. as taken by Mr.
Miller, that this meant exactly what
il said. and that. under all clrcum-
stances they must be am enable 10 the
civil powers and further, that the gov
ernor. as chief executive. was a civil
and not Il military ruler. In fact. the
opinion sustains the action, but not
the position. taken by the governor;
that is. in brief. ii says that the gov
srnor has the right to use all neee5-
sary means TO carry ont the cOnshtn
,ional duties imposed upon him, hut
does not give him the right to either
leclare martial law or suspend the
writ Of habeas corpus in any ph rtion
If the state.
The Democrat says IT Is champion
II the open door This being the case,