Albuquerque morning journal., 1922-04-12
MARTIAL LAW MEANS "No LAW

When Governor Mechem issued order in
which he sair "a state Of martial law is hereby de-
clared to exist in Mckinley county, he said In eff
feet, "a state of law is hereby declared to exist
in Mckinley county," In substance he said "a
dictatorship is hereby declared to exist
To declare state of martial law sounds harmless
under the conditions existing in Mckinley county.
The governor would have meant the thing had
he said II hereby declare that the constitution of
the United States and of the state Of New Mexico
are nullfied in the county of Mckinley and all OF
the civil rights and guarantees of the people of
that county are hereby suspended. In lieu thereof
have fit to impose upon the people dicta-
torship under which my whlm and that Of my
subordnates shall be the only law. Under such
dictatorship the people of Mckinley county WILL as
law abiding citizens do exactly they are told to
do; will submit to arrest without warrant; to
search and seizure without search warrant, and
TO eviction from their homes without due process
of law. When it suits my pleasure to restore to
the people of Mckinley county their rights as Amer
lean citizens, will do So but not sooner"
There circumstances under which martial
law becomes necessary Those circumstances are
only in case condition of mutny or rioting ex-
lists which results in resistance to the duly const-
tuted civil authorities, that the citizens of dis
trict have already lost their guarantees of the con-
stitution and laws through their having been made
imperative by of the lawless acts of citizens
of the district Then, in the absence of all effec-
tive law the governor can, through the law Of me-
cessity, declare military dictatorship. But the
act of the citizens themselves must have deprived
them of their constitutional rights. The governor
is powerless legally to deprive them He cannot
take away their liberty the plea that, in his
Judgment, they are about to commit acts which will
take from them their constitutional rights. His
opinion of what they about to do has nothing
whatever to do with it. He cannot so deprive them
but must walt to act until the conduct of the COM
munity nullifies the processes of the law.
This. in our opinion. is the basis of acquiring
jurisdiction to declare martial law To say that
governor can, in his unreviewable discretion sus-
pend the constitution and laws. is contrary to the
genius of our government. In that event have
inalienable rights We merely have temporary
rights by sufferance of the governor, which may
be taken from us upon the pleasure or judgment
of an autocrat. If the unrestrained discretion of
the governor is the basis for the order declaring
martial law. there be no appeal to the courts
above the orderly processes Of the law. If the
jurisdiction is not based upon the facts of the
instead of upon gubernatorial discretion. an in
sane or corrupt governor could deprive of all
rights leaving nothing but a to civi
war against the established government to regain
civil liberties
No contends that the civil laws had ceased
to function at Gallup. They In full and un-
obstructed force when this order was made. We
and that his order declaring martial law is void
and without force.
We advise the citizens of Mckinley county to
yield implicitly to the orders of the military au-
thorities and to offer resistance OF any kind by
reason of belief that the governor is without jur-
1sdiction. However, a proper appeal to the courts
be taken from the orders of the military and
the matter Of Jurisdiction settled This should be
done.
We not blaming the mne-owners for using
Governor Mechem to protect their property and
evict tenants To have who would do
this IL the occasion arose, was why they elected him.
They asked for their pay and have received II.
Governor Mechem knew better than to do this
thing 1t was a case of "hearing his masters
voice.
Meanwhile precedent is being set which en-
dangers the essentials of liberties and happi-
and the taxpayers are being sadded with an
enormous for the benefit of the governors
good angels" incidentally, Gallups good name is
irretrievably hurt. How any right minded citizen
who loves freedom, however partisan he may be,
condone this matter, is beyond understand
ing