Show I The I SUPREME SUPREME- I COURT oat 11 AND HOW HOWIT IT WORKS Shield of Protection By Dr ROBERT RODERT MERRILL l THE TIIE HE Constitution of the United States is a law for rulers and people equally equal equal- ly in war and in peace and covers with the shield of its protection all classes of men at all times and under all aU circumstances That quotation I Is from an opinion rendered by the Supreme court of I the United States Stales in one of Its most famous decisions The facts in the case are these In October 1804 1864 Lambdin P. P Milligan Milligan Mil Mil- ligan was sentenced to death on the gallows The sentence was declared void Why Because he had been denied his constitutional right of trial by bl jury In a civil court The Supreme court of the United States to which he appealed made that tha ruling Tried In military 1 Court MillIgan a citizen of the state of Indiana was arrested on charges I of disloyalty disloyally to the Union cause Although Al though not a member of the army he was tried and sentenced before a military commission despite the fact that In the city of Indianapolis where the trial was held the civil courts were open Citing these circumstances and the fact that no Indictment had been found against him Milligan filed tIled a petition to be discharged The case ease eventually reached the Supreme court at Washington Learned and eloquent argument was heard on both sides But Dut the court based the decision on the Con Con- and held that one of its guarantees was broken when Mill gan gun was denied a trial by jury The great minds of the country explained the formal opinion of the court have differed on the correct interpretation to be given to various provisions of the Federal Constitution Constitution Constitution tion and judicial decision has been often Invoked to settle their true meaning but until recently no one ona ever doubted that the right of trial by fury was fortified In the organic law against the power of attack Calls CaUs It Grave Question It is now assailed but if Ideas can be expressed In words and language language language lan lan- guage has any meaning this right right one of the most valuable in a free country country Is Is preserved to every everyone one accused of crime who Is not no noat attached attached at at- to the army or navy or militia In actual service The opinion pointed out that Milligan Milligan Mil Mil- ligan when arrested and convicted by a military commission was not nota a resident of a rebellious state or a prisoner of war but a citizen of Indiana who had never been In the military or naval service No graver question it contin conlin continued was ever considered by this court nor one which more nearly concerns the rights of the whole people for it is the birthright of every American citizen when charged with crime to be tried and punished according to law By Dy the protection of the law human rights are secured withdraw that protection and they are at the mercy of wicked rulers or the clamor clam clam- or of an excited people If H there was law to Justify this military trial It Is not our province to interfere If there was not It is our duty to declare the nullity of the whole proceedings Again the opinion cited the constitutional constitutional con con- rights established for the American citizen and declared Constitution Is Yardstick The decision of this question does not depend on argument or judicial precedents numerous and highly illustrative il illustrative il- il as they are ore These precedents precedents precedents prec prec- inform us of the extent of the struggle to preserve liberty and to relieve those in civil life lite from fromI military trials The founders of our I Government were familiar with the history of that struggle and secured In a written Constitution every right which the people had wrested from power during a contest of ages By that Constitution and laws authorized by it this question must be determined This was not the only death sentence sentence sentence sen sen- tence set aside by the Supreme court because it found that constitutional constitutional rights had been violated It had also ruled against the Third Degree Decree as a method of obtaining ob oh taming evidence on which convictions convie were based The rack and torture chamber It pronounced may not be substituted sub sub- for the witness standO stand e O Western Newspaper Union |