Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-01-14
GALLUP MAJ OR CRI7TCLSES
GOV. LARRAZOLO'S ACTION
DURING LATE COAL STRIKE

uation here during the last two
! months, / feel that l would be dere-
lict, and grossly Sinking my duty if ]
failed to present to you what is here
| matter set forth.
| Prior to your issuing a proclama-
ton for martial law in the town of
! Gallup and portions of Mckinley
| county there was neither violence,
| threat of violence nor any situation
that indicated that violence might en-
sue nor was there d violation of any
law of this state or nation. Since that
time and up to the proclamation which
/ you mailed me yesterday, there had
been no violence or any violation of
| the laws of this state arising out OF
the strike situation, except that one
! deputy sheriff. who is guard at one
of the mines, was fined for drunken
and disorderly conduct, and you, and
those acting under you, violated the
law of the state and the constitution
of the United States in the following
particulars:
j "1-Section 8, article / of the con-
stitution of New Mexico provides: The
military shall always be in s,rict sub
ordination to the civil power
You violated the provision of the
constitution of New Mexico by en-
deavoring to impose military law upon
this community.
"2-Both the constitution of the
! United States and the state of New
Mexico provide: The people have the
Il right to bear arms for their security
for defense. but nothing herein shall
4 be held to permit the carrying of con.
cealed weapons Section +, article l i
constitution of New Mexico. The peo-
pie shall be secure in their persons
papers, homes and effects from I'M
reasonable searches or seizures, and
no warrant to search any place, oil
seize any person or thing, shall issue
without describing the place TO be
searched or the persons or things tc
be seized. nor without written show
ing OF probable cause, supported BY
oath or affirmation. Section 10, ar
ticle IL.
You violated the above sections ir
ordering the homes of the people liv-
ing at the Coal Basin camp searched
and ordering them out of the houses
upon which they had leasehold estates
Section IL, article IL, of the consti.
tuition of New Mexico and article l.
of the constitution of the United
States, in practically the same words
provide that The right of trial by jurS
rs it has heretofore existed shall bt
secured to all and remain inviolate.'
You violated this provision of the
constitution when you forced some
thirty or forty people to leave theii
homes without the statutory notice OF
without any trial whatever, resulting
in their sacrificing their persona
property and their rights to lease
hold estate without any process OF
law, when they and each of then
were ready and willing and offered tc
dig coal at the respective mines where
they lived, the only excuse or justifi'
cation being that they were people
who were blacklisted by the COM
pany which employed them.
mo person shall be deprived of life
liberty or property without due pro
cess of law. nor shall any person be
denied the equal protection of the
law Section is, article H.
"You and your officers violated this
constitutional provision when you
seized the persons of Cipriano Lucero
William Clarkson, and the Caspa boy
II will not trust to the paueity of my
own decision in condemning your ac-
/
of the supreme court of the United
States and other giants of Anglo Sax
on freedom who have been fighting
the battle of constitutional govern
ment to preserve the liberties of a free
people for the past seven hundred
years
THE constitution of the United
tates is a law for rulers and people
equally in war and in peace and COW
ers with the shield of its protection
all classes of men, at all times and
under all circumstances. No doctrine
involving more pernicious consequence
es was ever invented by the will OF
man than that any of its provisions can
be suspended during any of the great
exigences of government. Such doc
trine leads directly to anarchy or des-
1 potism, but the theory of necessity on
which it is based is false; for the gov
eminent within the constitution has
all the powers granted to it which are
necessary to preserve its existence.
Elk parte Milligan, Wall 100, Is
| L. Ed. 295.
Listen to the words of Alexander
/ Hamilton whom YOU as leader of the
republican party of the state of New
| Mexico will recognize as the founder
| of your great party:
/ Every breach of the fundamental
! laws, though dictated by necessity. I'M
pairs that sacred reverence which
ought to be maintained in the breast
of rulers, toward the constitution OF
a country, and forms precedent for
other breaches where the same plea
! of necessity does not exist at ALL or is
| less urgent and palpable.'
| THE Federalist No. Is:
If, in foreign invasion or civil war;
! the courts are actually closed, and 1t is
| impossible to administer criminal JUS
| tice according to law then. on the
| theater of active military operation,
where war really prevails there is
necessity TO furnish a substitute for
| the civil authority, thus overthrown,
| to preserve the safety of the army
and society; and as no power Is left
hut the military, 1t is allowed to gov
ern by material rule until the laws
can have their free course. As neces-
sity creates the rule, so it limits dura-
| ton for if this government is contin-
ued after the courts are reinstated, 1t
is gross usurpation of power
Eek parte Milligan, 4 Wall 127; 10
| L. Ed. 297
Let us examine the attitude or
| President Washington in what was
known as the whiskey insurrection in
| Pennsylvania in 1898:
President Washington did not
march with his troops until the Judge
of the United States district court had
| certified that the marshal was unable
| to execute his warrants. Though the
parties were tried for treason. all the
arrests were made by the authority Of
| the civil officers. The orders of the
secretary of war stated that the OBJ