Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-04-15
THE PEOPLE OF MCKINLEY COUNTY WIN.


1t was rather clever The Journal admits 1t was.
We refer to to the manner in which Governor Me-
chem has extricated himself from the martial law
order in Gallup. We think we see the adolf and
fertile brain of our friend Judge Reed Holloman
in the fnesse with which this thing was accom-
plshed. Holoman would have been far-sighted
not to have gotten into the mess. The solution Tor
getting out OF it eXcites our admiration.
Naturally the governor did not wish to recede
from the martial law order in the face of severe
criticism. Yet he how untenable his position
really was. So, under the guse of allowing the
holding Of term of court at Gallup, he lifted his
martial law order from "the court house and Jail
in Gallup" Then the governor naively orders that
civil and criminal process of all kinds emanating
from from the district court Of said county, be per-
mtted to be executed in any and all places in said
county"
The sleight-of hand contained in this order would
entertain any audience. The hand is quicker than
the eye. Now you see it and now you don't. The
governor not frank enough to say that his mar
tial law order was mistake and therefore
withdrawn. So he keeps up the fiction OF martial
law while Withdrawing it in fact
The right of trial by jury in Mckinley county is
restored The writ of habeas corpus may be issued.
Every civil right is again operative, for those with
q grievance can go to the district court for relief
The Journal has aided the people to win the
fight against the suspension Of the civil rights OF
American citizens in Mckinley county. No gov
ernor in New Mexico will ever again attempt as
high handed a proceeding. That phase of the Incl
dent is closed.
AS the matter now stands the constitution and
laws OF the state are operative in every nook and
corner of the state. Therefore the troops are
merely being supplied at the expense of the tax
payers to guard the property Of the mine owners
and to evict miners from their homes. This is not
serious. 1t is costing the taxpayers probably a
thousand dollars day. 1t may be causing the
miners and their friends much inconvenience and
discomfort, but dictator rules and no inalienable
rights are suspended after o'clock next Monday
morning. The citizens of New Mexico make
their minds at leisure as to the justification for
these expenditures and ultra-legal acts
No sort Of excuse ever be given for having
suspended the civil rights of the people of McKin-
ley county under the conditions which existed
There may be some justification for having troops
to guard property at public expense, although
do not believe that the facts justified 1t the time
1t was done. Troops might be sent as guards in
anticipation OF trouble but martial law carrying
with 1t the suspension OF every civil right OF our
people, can not be tolerated lin anticipation of
trouble"
The adjutant general stu has autocratic power
his troops but he has lest it over the people
of the county. The court is furctioning now. The
principle for which contended has been estab-
lished and the constitution of New Mexico again
protects the people of Mckinley county.
N0tnlng We nave said at any time mas Deen III
tended to reflect upon the national guard No act
has been done by them except in compliance with
orders which they have sworn to obey.
The necessity for guards; the prudence OF hav-
ing the state supplying them. the justification for
the tax burden involved; these are less fundamental
questions concerning which we feel less gertrude
than the question Of the suspension Of civil
rights. We glad that Governor Mechem found
what he regarded graceful way to recede on
the martial law portion Of his order sending troops
to Gallup.
The governor should 60 one step further and
inform the district Judge that the troops are there
solely to enforce the courts orders Then Judge
Holloman could issue all necessary restraining or
ders to insure public tranquility in Mckinley
county. precedent for such course be
found in the conduct of President George Washing
ton, who refused to declare martial law but put
federal troops at the disposal Of federal judge to
enforce his orders during the "Whiskey Rebellion"