Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-04-11
ANTICIPATED TROUBLE"


men in Albuquerque a man who thinks in terms
of the general welfare and acts for the common
good as he it, was heard Sunday to say sub
stantialy this: Il expect that sending the troops
to Gallup was all right. With lot of foreigners
there, they might start something any time. Per-
haps it is we'll to anticipate trouble and prevent it
by using the troops
AS this remark made this mans auditor
thought he was joking. In moment the listener
was convinced that the speaker serious. Now
twelve hours later wonder whether or not he
really meant what he said 1t seems unbelievable
that public thinking could be corrupted by be-
coming accustomed to bad practice
In the fear that the mental attitude of this man
may be the attitude of others, venture an addi-
tional discussion of the fundamental principle in
volved
1t would be aside from the point for us to spend
time defending the ctizenry of Gallup and it's vicn-
ity Our impression is that it is the equal in intel
ligence and lawfulness of any mining community
In the United States. The lines of reasoning used
by our friend would put practically every mining
region in the United States under martial law at
this time and half people would have all OF
their civil rights suspended The seriousness of this
viewpoint should be realized by our people
If martial law be declared in anticipation
of trouble, all that is necessary is for governor
to declare that he anticipates trouble in commun"
ity in order to declare state of military control
and supersede civil authority with the military
Let us illustrate where such rule Of law such
a practice, If tolerated by public opinion, might
lead us.
Assume that a politically corrupt governor sal
at Santa Fe. Suppose that his political henchmen
had been candidates for city commissioners last
Tuesday and had been in danger of defeat. Sup
pose this governor had declared that he anticipated
trouble on election day and had established martial
law superseding all civil authority, with his troops
l. a. va pha 80 tba Tn
such the governor could deliver the city to his
colleagues regardless of the wishes of the people
The reader imagine hundred similar stua-
tons and can readily see how rule that troops
can be sent in anticipation OF trouble could easily
create dictatorship and and rob the public of the
liberties which it cost the people the sacrifices of
seven hundred years of Anglo-Saxon struggle to
quire. II declaring martial law in anticipation of
trouble becomes the established rule in Amer
lea accepted by public opinion, set back two
hundred years in march toward political and
Industrial freedom.
Governor Mechem himself announced the rule
OF law in his wire of last Saturday to Mayor Han
nett of Gallup Within two hours he violated
it. Here his exact words II take the attitude
that 1t cannot be presumed that any body of men
will Intentionally violate the law When they do
violate 1t and violated it in such numbers that arrests
not be made and the processes Of the courts
can not be served, the governor may, upon strong
affirmative showing of such state of facts declare
martial law. Only when the civil authorities
to function martial law be declared There Is
no safety in any other position. Not vestige of
such condition existed in Gallup and, far as
learn, claimed such condition ex-
listed. The request for troops based solely
upon the bastard rule of Participated trouble"
Our United States Supreme Court said in ex
parte Mlligan, Wall. 100: "No doctrine invov-
ing pernicous consequences was ever in
vented by the wit of than that any of its (the
constitution's) provisions be suspended during
any OF the great exigences of government. Such
doctrine leads directly to anarchy despotism
The theory of necessity upon which it is based is
false"
Alexander Hamilton said in the Federalst (No
25): Every breach of the fundamental laws
though dictated by necessity. impars that sacred
reverence which ought to be maintained in the
breast of rulers, toward the constitution Of a
try, and forms precedent for other breaches
where the same plea of necessity does not exist at
all, or is less urgent and palpabe."
In parte Mgan quoted above the court
says: IF in foreign invasion or civil war, the
courts actually closed and it is impossible to
administer criminal justice according to law, then.
the theater of active military operations, where
war really prevails there is a necessity to furnish
substitute for civil authority thus overthrown to
preserve the safety of the army and society; and
power is left but the military, it is allowed
govern by martial rule until the laws can have their
free course. As necessity creates the rule. so it
limits it's duration for. If this government is
tinued after the courts reinstated it is gross
usurpation of power"
Numberless authorities be cited to sustain
this position.
To plead for violation of the inallenable
rights of the people the ground that someone
anticipates that lives may be lost property de-
stroyed unless usurpatons of power INDUCED,
would be equivalent to bowling to the Illegal de-
mands of Germany for fear American property or
American lives would be lost in standing our
moral, constitutional and international rights
II property should be destroyed or lives lost IN
any coal field before condition arose justfying
the use of the military it would be unfortunate.
But the governor has no legal right to anticipate
such exgency and admits that he has not. We
must stand constitutional law II the indi-
yidual suffers thereby.
A governor who would wait too long before de-
claring martial law, because Of fear Of the pot-
zeal effect is to be condemned bitterly one
who acts too quickly at the request of political
henchmen.
The Journal utters word Of these criticisms
In order to aid the miners. The governor has
right to aid either party in this controversy. For
that matter, we think the miners in better po-