Show Pf Of fO I If f Judge of Colorado Supreme Court Dissenting Opinion rt GOVERNOR BECAME LAWLESS Down Rown Harriers Barriers Erected bj by the People for Their Own Protection DEPORTATION OF THE TIfE MINERS It Hay oy be b Followed Next Year by bl Driving Out the Farmers If Chief Incentive Is So S Disposed t Denver Colo July 1 Justice W of ot tho Colorado BU su plomo court today toda Died his hili opinion J from thu tho of at the ma I In Issuing u 11 writ of ot habeas hub all cor corpus i 1 pus to Charles 11 Moyer president of oC j tho W Federation l of I Miners Miner when he wan Willi hold as n military 1 I oner nt by b order of ot Pea Poa Peabody body bolly The Tho opinion containing nearly I I words deals exhaustively with thu created In this tute by military ruin rulo and cites a muss of ot authorities to bow that only tho legislature can the writ of ot ha ho liens bens corpus Justice says saYIl In purt No person who mn the tho slightest claim to 10 respectability should to th the notion of ot tho Iho governor In enforcing tho Iho luw I am willing willingto to uphold him and lid to 10 applaud him no flO long us lIS he keeps within the lines o ot the tho constitution I nm Am not lIot willing to uphold him when In my opinion he ho I i down thu erected by hy the tho people for tor their protection nor am oln I 1 to 10 accord to the Iho constitution for Cor the tho purpose of ot 1 J sustaining him nor nOl to 10 Join In the es ell establishment tl 1 of It n a precedent which will not to other classes or other con COli t I when hell another governor gov f to exercise the same arbitrary J 1 power I J I 1 nm am not willing to tM I power by the nid ox J by bS him U in my lilY opinion t 1 power In 18 not vc tea In mm him by thu tho constitution The Tho people could not nol hoo Intended to erect ouch nn engine of oC 1 U 1 follows of ot course that If tho l present executive Is 18 tho Iho solo Judge of ot f the Iho can lIn call Into ac no action tion tha tho military power of ot the gOY gov government j and can nil 1111 means necessary III to 10 Iho con COI conditions ll and the tho Judicial department I I I Ican can not Inquire Into tho legality of ot hin hi I i t nets nels that t 10 next governor may ma by his hla q the ho I pow power I Ier er If It tho military may ma do doport t port the tho miners this year It can deport t r tho Ihl farmers next year If It a Il which Ii 19 not lint n rebellion must he be no t O regarded tho til gov governor to I nays Hays it Is 18 then condition t mil nt be bo regarded n UK n rebellion 11 ij tho governor declares to bo he such If Ie condition must be he regarded rel ns Ia a U 1 t tho Iho governor nays so 1 then Ihen any 1111 county in the ho 1 0 If declared to ho he In u n of oC rebellion whether n 1 rebellion exists or not nOl t every oer citizen subjected to arbitrary at a arest rest And detention at the Iho will wll ij pleasure ot tho of oC tho Iho 0 department Wo We may then with chungo In III tho Iho r branch or ot tho government have arrayed armell claw and Interest Interest resl nud w depend 1 for our OUI liberty not th the J lion Jut upon irni I 1 favor of ot 1 tho governor un 1 lil hll sul or I 1 I IIII In III no In 11 this IhlY t court have principle a no tin Important and r hen baen Involved It waa to t and ably argued and he f f position of ot counsel 1 Willi clearly 1111 t tel yet el the court ourt Inn lUI the fundamental tal lal questions presented and has 1 Itu Ih upon Ullon ll orl ago au de le determined i by and to n ha ho I I I Idee t It U II K 11 der that h hI power to 10 sili su I t the Ih Mi 1111 ll II K Ke of oC th writ Of tIC lia hR III IAU IK not lIot In 11 th CUU the branch nt or the rhe iu that It II 1 I j POO i n B like a MUt nf oc tim to 10 u 1 1 r the If It there Is 18 any un ont one quo I t lion linn ami finally nettled II It Is I iI that the Ille power to ro Ihn lii Iii t I InC I nf nC the writ of or m II wll l u 11 legislative power f 1 |