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Hellraisers Journal – Thursday October 1, 1903
Cripple Creek, Colorado – Judge Seeds Defends Constitutional Government
Cartoon by A. W. Steele of the The Denver Post:
Report of Emma F. Langdon of Victor, Colorado:
Judge Seeds Thursday morning (September 24) notified General Chase to be present in court with his prisoners [Parker, Campbell, Lafferty, McKinney] before 2 o’clock in the afternoon, as promptly at that hour he would render a decision in the habeas corpus case. Chase stated that whatever the decision of the court might be, he would certainly bring the prisoners back to Camp Goldfield unless otherwise ordered by the governor of Colorado. At 1:30 the military appeared with the same old pomp, minus the gatling gun. (Formerly of Wyoming.)
After patiently listening for several hours, Judge Seeds ordered the prisoners released and handed over to the civil authorities, and gave reasons for his decision in a long and carefully compiled argument from which I quote a few:
[Judge Seeds Speaks:]
If the court shall err in its conclusions, it will be no fault of the able counsel who appear for and against the prisoner. Extraordinary industry has been displayed by counsel in the production of authorities, and the questions involved have been discussed with unusual ardor, eloquence and logic. As the result of counsel’s labors, and the great attention and consideration the court has given to their arguments and authorities, it feels clear in its conclusions, and can announce them without any misgiving.
The importance of the questions cannot be over estimated. They embrace not only the power and authority of the commander of the military forces of the state over the freedom of the citizens in times of local disturbances that may more or less imperil life and property, but also the very fundamental principles of American liberty…..
For the reason that the governor recites in the order, he directs the brigadier general commanding the National guard to forthwith order out the troops, etc., specified, to properly enforce the constitution and laws of the state, and to prevent the threatened insurrection and to protect all persons and property in said county from unlawful interference, and to see that threats, intimidations, assaults and all acts of violence cease and that public peace and order be preserved. I take it that what all these commands mean is that the brigadier general should, with the National guard, support and enforce the laws within the prescribed district. That the case presented by the petition required that the habeas corpus should issue as prayed admits of no question. The question is, does the executive order, admitting all that it recites as the basis for it, to be true, and that General Chase arrested and detained the prisoners by virtue of that order, constitute a justification of the act……
The threatened insurrection referred to in the order was in connection with a strike in the Cripple Creek district by the metaliferous miners. It is not denied that they quit work peacefully; but it was feared by some and claimed by others that in the course of the strike persons would be injured and property destroyed and that the insurrection was threatened by an organization known as the Western Federation of Miners to which the striking miners belonged. Whether the fear was well or ill founded it is not for the court to say. It will accept the statement in the executive order as the truth. It feels bound to do so from the respect which one of the co-ordinate branches of the state government should always entertain for the other two…..
I take it to be fundamental that, except a state of war exists, a state in which all civil authority is overthrown, what is known as “martial law” cannot exist or be declared under our state constitution…..