Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-01-14

recent work on the subject Of martial
law. he says:
- 1t is believed that there is no war
rant in the history of constitutional
government for vestins in the GOV
ernor, as commander of the mttuiy
forces Of the state the absolute disCre-
tionary power of arrest and, as a
logical consequence. of life ANA death.
so that his command or proclamation
may take the place of a statute, or,
going beyond legislative pow err, CON
vert larceny into capital offense and
deprive citizens unreasOnably and ar
hitrarily of life or liberty without re-
"A Ill. 142; % Am. Doc l59; Ella VS..
Smith l2l; 6G Am, Doc. 366
"If further authorities are needed,
see Military Commissions ono Car
field Works CHinsdale) 142: What is
the justification of martial law Lie
her War Department Bulletin -,
North American Review, November,
1895. Martial Law Valentine 5, Gray
Columbia Law Review $50
"Hear also the words of David Dud-
lev Field, that ardent advocate of CON
stitutional government.
"' could not look into the pages of
English law, l could not turn over tn"
leaves of English literature, | could
not listen to the orators and statesmen
OF English without remarking the uni
form protest against martial usurpa~
ton and the assertion of undouhted
right of every man, high or low. by a
Jury of his peers before the judges of
the land, to he judged according to the
known and general law, And when
| turned to history, legal, political and
literary, of my own country, my own
undivided and forever indiVisihle coun
try, | found the language of freedom
intensified Our fathers brought with
them the liberties of Englishmen
Throughout the colonial history we
find the colonists clinging. with i'm
movable tenacity, to trial by jury,
Magma Charta, the principal of repre-
sentation and the petition of right.
They had won them in the Fatherland
in many high sdebate and on many II
bloody field and they defended them
here against the emisSarieS of the
crown of England and against the
veteran troops of Prussia We, their
children, thought we had superadded
TO the liberties of Englishmen the
greater and better guarded liberties OF
n IItfi
Brewers Orations, vol. G, page
PISA. ..
You will, stherefore, see, my dear
governor, why | am deeply grieved at
your casting reflections upon the 10y
atty and efficiency of local public of
ficials, and why l am constrained to
characterize your appeal 10 me, as
either profoundly hypocritical or mex
cusably ignorant in that you are the
! chief offender against the laws and
constitutional safe guards of our be-
loved state and republic.
Il am very anxious, governor, for
you to know that | was bitterly OPP
posed to the strike AT n meeting of
the miners, before the troops came
here, where several hundred miners
were present, I told them that their
strike was absolutely Illegal, immoral,
unjust and un-American and urged
them to return to their labors. This
| they refused to do, That did not just
ify, however, q violation of the law
or the constitution of the state by
those entrusted with its enforcement.
|, personally, have a profound faith in
the constitution of our state and ma
ton and have therefore, a deep rooted
and abiding conviction that there
never mas bGtD anu IleNtI W III pt Ali
occasion when either the letters or the
spirit can be safely disregarded When
YOU sent your troops here there were
approximately fifty-seven members of
the United Mine Workers in this dis
trict. There are now approximately
900 in the organization. Production of
coal is not more than seventy per cent
normal al the present time by reason
or your mounted police and local Of
ficials driving from the district eighty
five per cent of the skilled miners |
predict that after the unSklled miners
proceed with further development Of
the mines, production will decrease in
stead of increase Had an impartial
attitude been taken between the
workers of the mines and the opera
tors, much of this unhappiness could
have been avoided. !, personally, own
shares in a local coal company which
represents substantial portion of all
that | own in the world, and at the
same time | have been for years at
torney for organized labor in this
locality. ! am, therefore. not lacking
in sympathy with either operators or
the miners and in all due humility
feel that ! am amply justified in plac-
ing my opinion against your own IN