Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-04-10
MARTIAL LAW.

Governor Mechem owes it to himself and to the
people of the state give to the public in full the
information and representations made to him
which led him TO send troops to Gallup The facts,
as soon learned by on the ground justify no
such action Perhaps the representations made to
the governor misled him.
Martial law has been looked upon with dsfa-
vor by our great statesmen from the foundation of
the government For seven hundred years our
forefathers fought for representative government
for trial by jury the right of the writ of habeas
corpus and for all the other fundamental rights
which we enjoy in America, Martial law suspends
all these and substitutes a dictatorship. This is
repugnant to every American ideal and is JUSTIFIED
only in those cases where war, rebellion or riotng
annual the courts and paralyze the arm of the civil
authorities.
None of these conditions prevailed, even In
slight degree. in Gallup. No affirmative showing
which will stand the test of Investigation, can be
made which by any stretch of the Imagination
could bring the situation at Gallup within the pur-
view of the intentions of the law regarding mar
tial law
The plain truth is that the special faVors ana
soIictude shown heretofore toward the coal opera
tors has given them an entirely erroneous IDEA OF
the real purpose of martial law and of the cond''
t,ons under which it may be invoked Mr. Miksch,
the manager of the mine where the only incident
occurred which approached a disorder, MADE IL
very clear to representative that he had no con-
ception of the rules governing the proper lnVoklns
of martial law. He said that the women at the
mouth of the mine who threw stones at those VINO
wanted to work had babies in their arms and that
his guards did not feel like man-handlng them or
placing them under arrest. He admitted that ar,
rests could have been easily made. The deducuon
is that because he IS chivalrous nature that
he did not wish offend thoee ladies he felt thal
the governor should relieve him from allNempar-
rassment by sending four troops of soldiers to Ga
lup. we have searched the books in vain for such
a principle of martial law. The whole thing is an
surd. even funny,
That no trouble existed Is clearly shown by the
fact that the troons arrived in Gallup before noon
on Saturday and bisurely went into camp WITHIN
the city limits Tine general in charge called
meeting of city and county officials, mine opera
tors and miners and notified them that as soon az
convenient on Sunday he would send guards to do
police duty at the MINES. The one mine where the
slight quarrel had occurred was six miles from
Gallup There was occasion to send any troops
out there Saturday afternoon. Our representative
spent an hour there Saturday morning and found
the place as quiet and deserted country grave
yard
The unyarnished truth is that the mine ownerh7
wanted the state to furnish them with guards
Upon trivial pretext a plant governor compiled
when Governor Mechem wired the state of facts
Secretary of War Weeks promptly and fatty refused
to send federal troops. The necessary conditions
precedent could not be shown.
In a wire to Mayor Hannett of Gallup the gov
ernor said IT take the attitude that 1t cannot De
presumed that any body of men will Intentionally
violate the law" We commend the soundness OF
the governors legal principle he laid it down
Yet two hours later he did so presume and did
send the troops to Gallup because his good angels
insisted upon it.
Our quarrel with the governor Is over the prece-
dent he thus establishes. If governor can, upon
SO slight a preext, suspend our civil rights and pu
us under martial law there is no longer any secur-
ity to us for the liberties which our fathers strug-
gled to give us.
The makers of the constitution of this state and
Of the United states took Pains to put projections
against this evil into our fundamental law Our
state constitution says, THE militia shall always be
in strict subordination to the civil power Inc
constitution of the United States says. tine people
have the right to bear arms for their security Oh
defense" Yet the commanding general at Gallup
demanded that all citizens surrender arms in theii
possession This he had a right to do, once mar
tial law was declared. But the governor was with
out the right to declare it,
our state constitution says, "the right OF tria
by Jury it has heretofore existed shall be secured
to all and remain inviolate." And again: INC
person shall be deprived of life liberty or property
without due process OF law, nor shaH any persoi
be denied the equal protection of the law" Today
any citizen may be placed in Jail in Gallup upor
the pleasure of one man and denied trial or thu
writ of habeas corpus.
At later date shall quote George Washing
ton, Alexander Hamilton, President Garfield Pro
lessor Valentine, David Dudley Field justice
Brewer and others. all Of whom put such acts al
this one the governor beyond the pale of the Law
and pronounce it menace to our freedom.
Meanwhile the taxpayers can pay the bill Will
the governor extends illegal aid at public expense
to his political good angels"