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Hellraisers Journal – Saturday January 23, 1909
Washington, District of Columbia – U. S. Supreme Court Rules Against Moyer
From the Socialist Montana News of January 21, 1909:
Highest Court in the Land
Legalizes Bull Pen.
—–Washington, Jan. 18.-The supreme court of the United States today decided against President Moyer, of the Western Federation of Miners, in the damage suit brought by him against former Governor Peabody, of Colorado, on account of Moyer’s imprisonment on the governor’s orders because of his alleged connection with riots at Telluride, Col., in 1904.
In the course of his opinion Justice Holmes said:
Right to Call Troops.
We must assume that the governor had a right under the state constitution and laws to call out troops, as was held by the supreme court of the state. The constitution is supplemented by an act providing that when an invasion of or insurrection in the state is made or threatened, the governor shall order the national guard to repel or suppress the same.
That means that he will make the ordinary use of the soldiers to that end; that he my kill persons who resist, and of course that he my use the milder methods of seizing the bodies of those whom he considers to stand in the way of restoration of peace. Such arrests are not necessarily for punishment, but are by way of precaution to prevent the exercise of hostile power; so long as each arrests are made in good faith and in the honest belief that they are needed in order to hold the insurrection off, the governor is the final judge and cannot be subjected to an action after he is out of office on the ground that he had no reasonable ground for his belief.
Individuals Must Yield.
When it comes to a decision by the head of the state upon a matter involving its life, the ordinary rights of individuals must yield to what he deems the necessities of the movement. Public danger warrants the substitution of executive process for judicial process.
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