Los Angeles herald., 1907-05-09
SAN FRANCISCO AND THE GOV
HRNOR'S DUTY

|
istration.
| A condition OF insurrection exists II
San Francisco and the governors duty
under the constitution and laws of this
state, is plain and Imperative.
Has he the courage and the grin
determination to perform his whole
duty without fear of consequences?
The constitution of California de-
clares that 1.-The governor shall be COM
mander in chief of the militia, the
army and navy Of this state; and, by
section of article VIII of the state
constitution, it is expressly declared
that 'the governor shall have power to
call forth the militia to execute the
laws of the state, TO SUPPRESS IN
sURRECTIONS and repel invasions." !"
Since the governor when taking his
oath of office swore that he would
support the constitution of the state
of California, it is his sworn duty to
call forth the militia to suppress any
insurrection whenever an insurrection
shall exist in any part of the state.
OF the legal definitions of "insurrec-
tion," that given by Judge Grosscup
Of Illinois, in his charge to the grand
jury during the strikes of 1894, is per-
haps the best. In charging the grand
jury Judge Grosscup said:
Gan insurrection is rising against
civil or political authority; the open
and active opposition of n number of
persons to the execution of law in
city or state. To constitute an insur-
rection 1t is not necessary that there
should be bloOdshed or that the dimen-
sions of the rising should be so porten-
tous as to insure probable success"
1t is not necessary, moreover, that
Governor GilIett should wait until
called upon by the municipal authori-
ties of San Francisco before calling
out the militia to suppress an insur-
rection.
Under the provisions of section 1 of
article VIII of the state constitution it
is the GOVERNORS DUTY TO DE-
TERMINE FOR HIMSELF WHETH-
Err CONDITIONS AMOUNTING TO
AN INsURRECTIoN EXIST IN SAN
and if, in his judgment,
an insurrection does exist his decision
that it does exist is final and
conclusive and cannot be inquired into
or thwarted by any action on the part
of either the judicial or legislative de-
partments of the state government or
by the municipal authorities Of San
Francisco.
The duty of the governor to execute
the power conferred upon him by Sec
tion L of article VIII of the state con-
stitu tuition does not depend upon the de-
cision of the mayor of San Francisco.
The duty of the governor to call forth
the militia to suppress an insurrection
in any part of the state is not depend
ent upon the whims of cowardly or
Iawless city or county officials. The
state government is not so impotent
Is that.
The supreme court of Idaho, in the |
matter of the application for a. writ of
1abeas corpus by one Boyle, who had
been taken into custody by the troops |
after Governor Steunenberg of Idaho |
had declared the county of Shoshone |
to be in a state of insurrection. said: |
"It would be an absurdity to say that
the action of the executive, under such
may be negatived and
set at naught by the judiciary, or that
the action of the executive may be in
terfered with or impeded by the ju
and it is not the province of
the courts to hinder, delay or place
distractions in the path of duty
prescribed by law for the executive,
but rather to render to him all the aid
and assistance in their power in his
efforts to bring about the consum-
nation most devoutly prayed for by |
every good and law-abiding citizen in
the state"
The constitution of Colorado contains |
provisions similar to those cited from
the constitution of California, and |
when, some few years ago, during the
by the members of the
Western Federation of Miners, the gov
a,.,,a.. 80 (,oIo,o5o ooIol o,,E tko 20