The Idaho Springs siftings-news., 1906-11-24
GUARD IS UPHELD
MOVERS SUIT AGAINST MILITARY
OFFICERS FAILS.
HAD RIGHT TO ImPRls0N HIM
Judge Lewis Of the United States Dis
Case Of Charles n. Meyer Against
Governor Peabody and Oficers Of
the National Guard Of Colorado.

the National Guard Of Colorado.
| Denver.-When an insurrection is
declared by the governor to exist In
any part OF Colorado, a citizen OF the
district affected by the proclamation
OF the chief executive OF the state
may be imprisoned and detained at the
will Of the military authorities, accord
ing to an opinion handed down by
Judge r. f. Lewis in the United States
District Court yesterday. Such action
by the military authorities Is declared
not TO be violation OF the fourteenth
amendment, or of the law providing
for the writ OF habeas corpus.
This decision, which is one Of the
rado court in recent years, was handed
down Monday in the case OF Charles
II. Meyer, president of the Western
Federation Of Miners, vs.. James II.
Peabody, former governor; Sherman
Bell, former adjutant general. and
| Bulkeley Wells, now adjutant general.
but at the time of the commission of
the act of which plaintiff complained.
an officer in the National Guard Of
Colorado. Mr.. Meyer had sued for
500, 600 damages for alleged false I'M
prisonment during the strike troubles
in San Miguel county two years ago
The demurrer of the defendants was
sustained, and the opinion of the court
was announced in sustaining the de-
murrer.
After fun statement OF facts In the
damage suit brought by Meyer. recit-
ing at length the troubles in Telluride
and the appeal from the authorities to
Governor Peabody for aid, and his
sending the militia and the arrest of
: Meyer. Judge Lewis goes into the com
} plant OF the Meyer lawyers.
The constitution reads: THE su-
) preme executive power OF the state
shall be vested IN the governor, who
: shall take care that the laws shall
be faithfully executed. The
governor shall be chief
Of the military forces of the state, ex-
cept when they shall be called into act
ual service of the United States. He
shall have power to call out the militia
to execute the laws, suppress fnsurrec-
ton and repel INVASION"
Proceeding on this as basis, Judge
Lewis writes:
There is nothing on the face OF the
above provisions Of the Colorado con
stitution which brings it in conflict
with the fourteenth article of amend
, ment to the constitution OF the United
], States. and the complaint here may
be said to be against the manner Of en-
+ forcing said provisions. 1t is true tina,
if state officers, in the exercise of theiI
r official authority, deny to any citizen
. the guarantee found in said amend
. ment, 1t is the state itself which does
, it, and such acts. therefore. come
: within the constitutional prohibitions
r The officer, however. must claim tt
}, act under authority conferred upon
4 him by the statute, and be guilty oi
n an abuse OF power, If the Legislative
. act is not subject to the criticism.
/. at is obvious that the provisions
Q above quoted from the constitution o.
+ Colorado are but the enunciation of q
@ sovereign power a power founded or
h necessity and inherent in every gov
= ernment II is sometimes likened tC
o that Of self-defense. The life Of gov
5 ernments is like that of man: the lat
ter has a right to kill. in case of nat
ural defense: the former have the
| right to wage war for their own pres
ervation. 1t is the declaration of ths
, | right Of selfpreservation and find.
recognition In every constitution, bott
national and state. II is properly in
, voked in all governments to repel II,
: vasiC, by foes without. and TO sup
: press rebellion or insurreCton by enc
/. mics or powerful disturbers Of the
: peace within.
Unless this right and power exist
a peace. good order. security-govern
:. E.ent itsoif-may be destroyed and oh
t liberated by internal strife and lawless
4 ness, when the domination OF the mol
4 becomes so powerful that II cannot bt
). stayed by the civil authorities. This
4 power in the state was recognized by
g the national government on receivins
: the state into the union with the above
s provisions in the constitution. The pro
. vision in section of article 4 of tbs
I United States Constitution guarantees
Y every state against domestic violence
/ The national government possesses the
same right and power, as declared II
8 section of article l of its constitu
1 ton.
: These fundamental principles were
not seriously questioned on argument
; but the contention was that the plain
D tiff has a right to go to the country or
|, tho issue of fact: Die the insurrectior
= exist.
, In re William Boyle. 81 Pac. Rep
t ldaho) 706 CAS- L. r. A. 1927, 1t was
t held: ''On application for writ Of ha
beas corpus, the truth of the recitals o.
the alleged facts in a proclamation is
sued by the Governor proclaiming 6
. certain county to be in state Of insur
! rection and rebellion. will not be In
qured into or reviewed"
Il therefore conclude that the exist
ence of insurrection. as declared in the
Governors proclamation, is not issu
able.
My learned predecessor, Judge Hal
. lett, refused to discharge one Sherman
Parker on like application, while he
!. was held by the military authorities