Show ljJ tj H Mo mm MUYER YER mono LOSES 1 I it i t DAMAGE SUIT I i Governor of Colorado Had the I f t Right to Lock Him Up Su Supreme I f I preme Court Opinion f Washington Jan IS The supreme j court ourt of the United States Statts today le e eI 1 1 elded President Moyer of the I i Western Federation of Miners In the j damage suit brought by him against l U former loriner onner Governor Peabody of Colorado i J on account of layers loyers imprisonment on onI I the governors orders because of his i alleged connection with riots at Telluride Telluride i ride Colorado in 1901 Former Fonner Adjutant General Sherman I Bell Dell of ot Colorado also aim was named as a aI I defendant There was a strike of the i miners employed In that vicinity and arni andi i the militia was sent to Telluride to toI I quell what the governor and General Bell claimed was an insurrection j Moyer foyer was an active factor In the agi aglI i tation and was arrested and imprisoned on the charge of fomenting trouble j t i I He lIe applied to the state courts for a ai aJ aj J i writ of habeas corpus and when this thiB I 1 1 4 f was S refused brought suit In the United States circuit court for the district of i Colorado for damages on the ground that there had been no authority for tor his j detention His petition was dismissed I for the reason that Judge Lewis sitting in n the federal court held that he was without Jurisdiction Moyer then ap applied applied plied io to o the supreme su remo court which in an opinion delivered by Justice Holmes Holme today affirmed the ruling of the cir clr circuit j cult court Opinion of the Court i In the course of his Ma opinion Justice 0 Holmes Holmos said We Ve must assume that the governor i had a right under the state constitution and laws to call out troops as was held heW heWby by the supreme court of ot the state The constitution is supplemented by an act providing that when an invasion of I 1 or Insurrection in fn the state is mad made or thronton J the governor shall order the national guard to repel or suppress I 1 t the tho same 1 That means that he shall make the 1 I i ordinary use of the soldiers U to that i end that he may kill persons persona Vho ho re resist rei i and of course lOurse that he may use the i milder methods of seizing bodies of I I those whom he ho considers to stand in ini I i the tho way of restoration of peace Such Sueh I I I are not necessarily for punish I but are by way nay of precaution to toj toI j I prevent the exercise of hostile power So long as such arrests are made in ini i good o d faith and in the honest belief J I j that they are needed in order to head i the off orr the governor is the 1 I final judge and cannot be subjected to toj toI toan j I an nn action after he Is out of office on ons s the ground that he had no reasonable I ground for his belief bellet 1 1 When it comes to a decision by b the i head h of the state upon a matter involving ving Ing its life Ufe the rights of in r must yield to what he lie deems I I the UIO necessities of ot the moment Public danger clanger warrants the thc substitution of executive process for judicial pro 7 J cess ce |