| Show MOnI MOYER STAYS IN JA JASu JAIL Su Supreme rEme Cour Court Wil Will lear Hear the thc Mert of the Cae Case My Nay 5 Denver April state supreme court this afternoon denied the motion for the release of Charles Charle HMo H Moyer er president of the Western ester Federation 01 of I Miners Iner on omi bal bail pending a decision In Inthe inI I the habeas corpus proceedings in his hs behalf The hearing on the meris merits of I the case wa was set for May lay 5 Meantime lIo Moyer er wi will be held as prisoner in the military bullpen at The opinion on the queston question ot C admi ting Mo Moyer er to bal bail was b by i iI I Justice Steel I It i is In part as folos follows lii In the case taC the r respondent gon ent General I BI Bell declares that he retains tIme thc pe pe petitioner as a necessity and that he has been comman commanded ed by the I governor to not surrender er either upon writ of corpus or otherwise The question then is isan Can an the governor under tinder the constitution tion and under the conditions shown to exist declare leclare martal martial law huv and a as incident ent thereto Suspend tile the writ of I habas habeas corpus I If the tue constitution nu au 5 es the governor so o to do then we I ito further jurI dl ton I If le the I ower martial la law and s sue s sp p n nd the privileges of the writT of lla ha b bras n confined by the I to the legislature te the Is without authority to detain t tie e pe pc and we have have no jurisdiction o Is h r J him lm 1 Questions at Issue the of the Issuance of time the st stated that we preserved d the right to pas pass upon the queston question or of our when final disposition made of the case and 11 if we were wis mn now to admit the prisoner to bal bail w wd should in determine that we have j jurisdiction and should pending the gant grant al all the relief that the petitioner demands IL the lbert liberty of the petitioner alone were were Iloh involved d dI I W we should probably resolve the doubt In his favor admi admit him to bl bail and de de the queston question of jurisdiction aCo aft afterward erward but the hed head of the executive department of time the state hiss has stated In Inthe inthe the the return to the writ that In man management peace and cannot le b restored In the that county or of ofSan Sn San Miguel Iguel les th the petitioner rE rEmains re mains In the custody or of the military authority Therefore the mater matter In affects not only the lbert liberty of the petitioner but the peace of the peo people pIe of San Miguel ngel and incidentally the I t state of the people o of the entire To admi admit the petitioner to bal bail be be before I fore we ve have determined the main question Lon would In effect it seems to toI toUS us be inVading time the legitimate privilege e of the execute executive department and that I w are restrained from doing by the law Jaw |
