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Hellraisers Journal – Wednesday March 25 1914
Walsenburg, Colorado – Mother Jones Held in Cold Cellar Cell
From The Rocky Mountain News of March 24, 1914:
“Mother Jones Held Prisoner in Dingy Jail”
Tag: Moyer v Peabody
Hellraisers Journal: U. S. Supreme Court Legalizes the Bullpen & Preventative Arrest in Case of Moyer v Peabody
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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.
[Newsclip added.]
Hellraisers Journal: Federal Judge Upholds Colorado Supreme Court in Moyer v Peabody, Legalizes Bullpen
You ought to be out raising hell.
This is the fighting age.
Put on your fighting clothes.
-Mother Jones
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Hellraisers Journal, Sunday December 2, 1906
Denver, Colorado – U. S. District Court Upholds Autocracy
From the Appeal to Reason of December 1, 1906:
THE “BULL PEN” LEGALIZED!
—–Decision of Federal Judge Invests
Governors of States with
Autocratic Power.
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WHEN an insurrection is declared by the governor to exist in any part of Colorado a citizen of the district affected by the proclamation of the chief executive of the state may be imprisoned and detained at the will of the military authorities, according to an opinion handed down by Judge R. E. Lewis in the United States district court in Denver, Colo., Monday, November 19. Such action by the military authorities is declared not to be a violation of the fourteenth amendment, or of the law providing for the writ of habeas corpus.
This decision, which is one of the most important announced in a Colorado court in recent years, was handed down in the case of Charles H. Moyer, president of the Western Federation of Miners, vs. James H. Peabody, former governor of Colorado, Sherman Bell, former adjutant general, and Bulkeley Wells, now adjutant general, but at the time of the commission of the act of which plaintiff complained an officer in the Colorado national guard. Mr. Moyer had sued for $100,000 damages for alleged false imprisonment during the strike troubles in San Miguel county two years ago. The demurrer of the defendants was sustained.
