Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-04-16
BY CARL @. MAGEE.


during the past ten days by the act
of Governor Mechem In declaring
state of martial law in Mckinley
county AS similar situations will
undoubtedly occur in the future 1t
is well that derinite, unbiased and
non-partisan public opinion be
created to support or oppose sucn
measures.
Let The reader realize in the be-
ginning the distinction between
sending troops to act as special
guardians of property or to aid a
court in serving its process and the
extreme remedy of declaration
of martial law in defined terri
tory.
Even the sending of troops for
guard duty should be INDUCED with
great caution. The people of the
state have an organized govern
ment. They adopted constitution
and their representatives have en-
: acted laws to define their rights
and to regulate their conduct. Pro-
vision Is made for the election OF
local men and women who have the
confidence and respect Of their TEL
low men, to act temporarily as
their rulers. The administration
of practically all state laws and
local ordinances is entrusted TO
these direct representatives of the
people. II they abuse the power
given them or neglect the duties
imposed upon them they suffer the
loss of their prestige and are rele-
gated to private life by the voters.
There Is always the restraint or
local public opinion to keep them
RESPONSIVE to the will of the people
and to prevent arbitrary conduct
This is a basic policy in America.
We call it local self-governmenf
and we cling to it as one or the
safeguards against the infringe
ment of our rights.
To meet extraordinary emergen-
cies which may arise we authorize
the sheriff of our counties to swear
in possemen to aid him in main
tanning order or in serving his pro-
gcesses. outsiders are Always
source of irritation and the law
provides every precaution agalnst
the need of bringing in help from
beyond the borders OF the local
unit by providing local means ioF
meeting emergencies.
The law goes step further and
confers upon the dictrict court the
power to suspend or remove OH
Gals who fail or refuse to act Wig
orously in enforcing the law ana
maintaining order. 1t also gives 10
the Judge of that court the power
To restrain mems conduct by m
junction and confers upon him very
extraordinary powers of arbitrary
punishment through contempt pro-
ceedings for disobedience to the
order. The intention of the law Is
to make each community (usuaily
a county, sufficient unto itself ana
Tins to avoid all outside inter1er-
ence with its local affairs.
1t is true that some administra-
five fractions aye of sucn univer-
sal uniformity in state that JUS
flee can be more nearly done pc
tween the units of self-governing
bodies by having state officials ad-
minister for the whole state. Inc
stare tax commission, sitting as
hoard of equalization. is a case IN
noint. But such instances are
rare. "a
legsOnly the most. urgent case OF
necessity can Justify sending men
from the outside to maintain Dy
force the dignity Of the laws OF
+he state. 1t is an affront 10 the
local community. 1t advertises 10
fhe world that the people OF that
locality are not sufficiently law
abiding to be capable Of running
their own affairs to vindicate the
law II imposes upon the people
cf fbe rest of the state the tax
burden of maintaining oroer IN one
of its units. ..r,
Certainly state guards from
without should not be sen, INTO
county until that county mas
failed or refused to exhaust lts
own powers to MAINTAIN law anu
order. The mere statement OF d
local sheriff that a situation Is pc
yond his control should not pc ac-
cented. He may be incompetent
badly advised or improperly con-
trolledby sinister influences inside
the county. Until a district judge
certifies that he is powerless 10
enforce his order by the use OF
Ali his powers of removal. or pun
ishment for contempt, troops
should not be sent, unless. per,
chance. the governor is informed
yeliabIv that the district court IT.
self winks at lawlessness.
So cautious is the law against
the exercise of arbitrary power |
even by judges, that a court is
without the authority to resort TO
an extraordinary proceeding py
iniunction except in cases where
there is no adequate remedy at
law. How loath, then, should
governor be to resort to the still
more extraordinary and arpitrary
mower of sending in troops until
the processes Of both law ana
equity have been exhausted ana
that fact il certified to him.
4 should a district court ask Tor
troops to aid it in serving It's pro
eesses the governor has a justii-
cation for sending him the re.
ouested aid but even then martial
law is not indicated.
The sending of troops does not
necessitate the establishing of
martial law. Supplying the troops
is one thing, justified by given
state of facts as recited above. but
declaring martial law Is an en-
tirely different thing, far more ex-
traordinary and arbitrary than the
mere sending OF troops and is JUS
titled only under the most impell-
ing and persuading circumstances
OF complete and paralyzing law
lessness.
Our ancersors have struggled for
seven hundred years to gradually
wiring from despcts the civil rights
which we enjoy. Tt hold what they /
had attained and 10 slowly gain
additionsl safeguards has required
the most constant vigilance and
valiant courage. Time was when
a man charged with crime was
tried without jury before a Judge.
often arbitrary and brutal, and the
most outrageously unjust decision
rendered against him. Centuries Of
struggle were necessary to establish
The right of every freeman to a trial
before a jury of his peers, In the
America of TODAY we regard this 1