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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 2, 1904)
J. THE OREGON DAILY JOURNAL,' TORTL'AND. SATURDAY EVENING, )ULY 2. 1901 PEABODY.IS ARE WORRIED LACK OF YATER in IF SAYS EXCEEDING LAW YOU. - . 4. ... m .l...,.jr .,,..r VI i , ' Justice Steel of , Colorado in Reviewing Hoyer V Case- Declares Governor., Is Violating Con-; . stitutional Rights of People. ' : .. : c (Jooraal BpwUl Berrlee.) ' Denver. Colo.. July I. A dissenting" opinion from the- majority "of the eourt . at tne neartng of the habeas corpus cut of Charles H. Moyer whan ho was held ai a military prisoner at Tellurlde by order , of Governor Feabody, was yesterday filed by Justice Robert W. Steels of the Colorado state supreme ... aourfc - -. ; , . Tha opinion Is 'a VQlumlnous -doeu Blent, containing; upwards of. 11,000 words, - and co vers every phase of the ' situation. Justice Steele cites many , authorities to show that the legislature in the only power that can suspend the habeas corpus. He says In part:--- - "No person who has the slightest, -claim to respectability should hesitate to approve the action of the governor ' in enforcing the law, and I am willing . to . uphold him and to applaud htm so ' longr ha keeps within the lines of the constitution. But I am not willing to uphold him when. In my opinion, he breaks: down the,' barriers- erected ,by . the people for their protection, nor, am ' 1 willing to accord to the constitution elastic properties for the purpose of ' sustaining him nor to loin in the eetab liahment of a precedent which will not apply together, classes or other oondl - tlons when another governor undertakes to exercise the same arbitrary power, "I am not willing to, concede .the power alalmed by the governor .and exerclaed by hint, because. In my opln ion, such power Is hot vested In him- by the constitution., -The people could not . have intended to erect such an engine of oppression. "It-follows, Of course, that If the present executive is the sole Judge ot ' the conditions- which can call . irifb action the military, powerof the gov. ernment, and ran exercise all means , necessary to effectually abate the con ditions, and the judicial department - cannot inquire into the legality of his acts, that the next governor may by ' his ukase exercise the same arbitrary , " power.. If the military authority jaay deport the miner this year it can. de- port the farmers next year..' - . Will Create Trouble. "It a strike which is. not a rebellion must be so regarded because the gov' ernortsay it . fs, ' then any condition - must bv regarded as a-rebellion which the governor declares to be- such; .and . if . any -condition must be regarded as a rebellion' because the governor says . so, then any county In the state may be declared to- be in "a state of rebellion, ' whether - a - rebellion ' exists or -not, and . every cltlsen subjected to arbitrary ar rest and detention at the will and pleas ' ure of the head of the executive de partment. We may then, with each anrnaerttha" rhsngt In Iht executive . branch of the government, have class arrayed, agalnat class, and Interest against interest, and we shall depend for our liberty, not upon the oonstltu tlon, but upon 'the grace and favnr- of the ' gt)vernornU.m military 4 bud ' ordinate . "- . r 1 "In no th.er case presented to this court have principles so important ana far-reaching been involved.. It waa : elaborately and . ably argued, and the position of counsel was clearly denned, yet the court -has evaded the funda mental questions presented, . and has based its decision upon theories long ago determined by Juries and states men to b-H!s:lcal and false. ' so "On the part of the petitioner It wss "argued that he waa illegally restrained '.- of bis liberty, that a. eourt of compe - . tent Jurisdiction had ordered him re leaped on habeas corpus, snd that, the . military authorities had refused to re lease htm, and had refused to permit . t h ecl vl 1 ' aut horltles to serve process upon .them. .... Tha atmtary Tlew. "On behalf of the military officers It was ssld they had been ordered by the -' governor not to release upon writ of habeas corpus, and on behalf , of the " governor it was contended that he had .. declared the county of San Miguel to be in a state of insurrection and rebel ' Hon. and that under such condltlona he had authority to enforce martial law and to suspend the privilege of the . -, writ of habeas corpus. "As these questions strike at the very foundation of our government; as the ! court ' has- evaded a consideration of thought, and as I believe they present ' the pnly questions in the case, I shall dlsciies them and Ignore for the present a consideration of the opinion, with the observation that It establishes a prece dent that is so repugnant to my notions -of civil liberty, so antagonistic to any ideas of a republican form of- govern ment and so shocking to my sense of . propriety and Justice that I cannot prop- erly characterise It. . 1 ;.,--'- "It la so clear that the power to sus pend the privilege of the writ of habeas corpus is not lodged In the executive ' -branch of the government that It seems . like a, waste of time to discuss the ques tion. If there Is any ons question posl- tlvely and finally settled.' It is that the -to suspend -the prmleaw rthe writ of habeas corpus la solely a legis lative power." .- .i, . , ' IMTileffea Are Inseparable. " . "The constitutional privileges are not, in the nature ot things, separable. It was Intended by our fathers that all should be Inviolable except one, and - that o be suspended by the legisla ture only In case of great emergency. 'Martini law exists or It does not ' 1st. When it .exists there- is .no civil . law. . Martial law and civil law cannot exist together. -. If the civil law can en' force one guarantee It can enforce all. - If the clyll -law Is overthrown It Is powerless totntorce any right. , Whan martial - lar swea not prevail, , unless the privilege, of the writ of habeas corpus la suspended, every right guarv anteed by the constitution Is enf oroa ble; and the constitution la violated rudely violated when one la deprived of liberty without due process of law. ) "Habeas .corpus , is . the proper rem ery t release from - arbitrary arrest, and , unless its ' privileges have been suspended ons is not subject to arrest on suspicion merely and detention be yond the time fixed by statute for re turn 4f the writ. . As the privilege of the writ has- not been suspended, as tha. courts are open, aa martial law does not' prevail, and as' no charge has been preferred against the petitioner, u he should be discharged. . "The greatness of this country con sists In being able to protect, by the shield of the constitution, the humble and the exalted, the pure and the wicked. We gave the wretches Oulteau, Prendergaat and C sol goes trials by due form - of", law, and by so doing we strengthened tbe nation at . homo arid abroad. Had we departed from the principles declared by our fathers, we should have lessened the liberty of every cltlsen and Imperiled the tlUe to aa property .. ;' Destroy Kla-hta, Whsn we deny -to one, however wicked, a right plainly "guaranteed, by the constitution, we take that. right from every' one. When we say to Moyer, Tou must stay in prison be cause if we discharge you you may commit a 'crime,' - we say that to every other dtlxen. . When we say to one governor, 'You .'have unlimited and arbitrary - power,' we -olotiie.. .iutuxe governors with that same power. We cannot change tbe constitution to meet conditions. Ws cannot deny liberty to day and grant It tomorrow; .we can not grant , it to. those heretofore above suspicion and deny It to those suspect ed of crime; for the .constitution is for all men for the favorite at eourt. lor the countryman at the plow' at - all times and under all circumstances. If the law is aa this court har declared. then our vaunted priceless, heritage la a sham and our father stood "between their loved home and .the war's deso lation' In vain." ; . . . Justice Steele Says, In , commenting tipon the decision of tjie court (Justices Qabbert and Campbell): "I believe that the constitution has been "unnecessarily assailed . and ' rude ly violated' by the head of the execu- tlver -deimrtment.nd-i-fuTthervbelleve that this court has removed the land marks which our fathers have set, and my duty requires ' me to withhold my approval. can"! se traeamoaea. "It Is entirely probable that tbe act of the governor in calling to Julaald the military arm of the. government cannot be questioned, but when it comes to superseding the civil power and oxer cluing . martial law, . to disobeying the writ, of . habeas corpus or ether pro cess of the court, to detaining cltlaena upon suspicion, then the question of whether an insurrection exists is not to be determined by the governor's proc lamation. , "The court has not construed the constitution, It has Ignored It; and the result Is that It baa made greater in roads on the constitution than It In tended, and that not one of the guar antees of personal liberty, can now be nrorceq, afOVniT TASOB, MOaTtAYXUA AWO onm bast sxds uvuxmu ms OOSTXJIUS ' XJUOATIOsT'VvnT rnx-Zi tvAox arasDrm' imn Om VOVIMOL9 VMM. - "WJiehTfie cou'rtTwiy that .because the governor is the head of tha , execu tive department of the state; that when - he takes command of the mili tary forces he is still at the head of the civil power, and that the section of the bill ofVTlghta which - declares that the military shall always be In strict subordination to the civil power haa . no other meaning than that ' the military shall always be nnder ,the com mand of the governor. It la simply an nulling that section of the bill of rights. m "Moyer may be guilty of the most heinous offenses. - It may be that he deserves to linger in prison the re mainder ofhis natural life: but he Is entitled to his liberty, unless some one. In proper form and before - a proper tribunal, charges him with-violation of the law. - - "If one may be restrained of his lib erty without charge-, being preferred against him, every other guarantee of the constitution may be denied him." TERMINAL RUMORS NOT AUTHENTICATED Tl ' .'i!!t.'rw "J"? Tf I 'd wUh'ehroale eoa. ' fniSIfl.: ;iriDe this time 1 b.d toUki TVs J JrJ'i seveaa MMoa en y sowelt. HwDllr I ae nine fr before I aea Cunnul ;"M Bleerywlth leSena) pllei "fhU r 1 em free from ell lb it thli korilni 2! sea M Ula la beaall efV."!rln 'atn?a"i i, , . KoeaoksHlHj, f7&h 6.i Tor- . v old la balk, tbe f.aala. tablet tamaee? 0S aaimateee as ears or fear eoer tec". " v terllnt Retsedy Co., Chkage aV N.Y. lea l r -ir, t:.3 r::iu:a c:n j Local officials 'of the Rarrtman sys tem disclaim any knowledge of the facts of the announcement that waa made In New Tork yesterday to the effect that negotiations had been completed . for Union Pacific outleta at Tacoma and 8e- attle. Rumors- reached this otty-woofca ago that the announcement .would be made, but . official confirmation was anting. r In Nsw Tork It was stated that the Harriman lines have recently expended between (1.(00.000 and 11,000.000 in ter minal property and water fronts In the two Waablngton cities, with the alleged purpose of developing - north Paclflo coast trafflo for tbe Union Paclflo. It waa also stated that Harriman had gatned control of . the Tacoma Eastern railroad which will be placed under the jurisdiction ot uregon Bhort line.om clals. ' - "I know ' absolutely nothing of the reported acquisition of the Tacoma Eastern or the securing of terminal fa cilities in Tacoma and Seattle," said EL E. Calvin, general manager of the O. R. A N. , and Southern Pacific lines In Ore gon. "X newspaper in Spokane wired me a few days ago asking for-Information concerning the acquisitions, - but I had none to give; I know nothing wnatever about it 7 - From Mount Tabor. - Montavllla and other. localt(esJyln:eastoe theelt jr cornea the" loaid murmur of popular dis satisfaction, V The cause la the Inade quacy of the water supply. Complaints come from every part of the large, ter ritory which is supplied by the pumping plant at Mount Tabor and the people are unanimous in- the declaration that the situation is fast becoming Intolerable. "The numbttMpf" complalners . Is. the number of ooniamers," said one of the protestants, and inquiries In Montavllla and Mount Tabor seem to .fully confirm the statement. ' ." ' . - . The use of water for Irrigating or for sprinkling the lawns was llsoontlnued more than a month ago, under the per emptory threat tbat ny person fount using tbe water for such purposes would be out off summarily. The threat waa effective, for with no other source of supply at command, none were -so . rash aa to risk the water company's dis pleasures - Lawn and flower-beds ,are now parched and brown, and the streets are ankle deep with dust. r- - - . - Ws used to have water enough to bathe In," said one disgusted cltlsen of M6ntavllla, "but It'a too precious now to use for anything but drinking and oook Ing. In my bouse we have not been able to get water in the bathroom for over a roeath." - . ' , . ' ' - A temporary, scarcity of water might be enduked with comparative equanimity If the supply were sufficient for cooking and drinking, but many consumers com plain that they frequently cannot get 'a drop of 'water for hours, at a time. "When I came home last night," one man plaintively related, "there wasn't drop of water in the house and not a drop could we get -from the 'faucet svI took a pitcher and went to' Ave of the nelghbors'-houees before, I could get enough -to drink, ITiadTto drive my horse a mile and a quarter to the reser voir in order to" water him." . ' "A Jarty ef people came out from Portland to my place one evening." said Captain Schneider, the proprietor of a beer garden at tha snd of the Montavllla line, "and the ladies all aaked for lemon ade. They wanted eight lemonades. had to tell them that 1 couldn't nil their orders because I didn't have a drop of water on the place. But I gava. them beet." he added philosophically, land guess it did Just aa welL" " From t o'clock In the evening until o'clock the next ' morning no water Is pumpea into , ine pipes tnai . supply Montavllla, so that the supply during the, night Is wholly cut off. There is no protection whatever agalnat fire. So weak Is the pressure that in few houses is it possible to get water-above the -first floor. . J. M. Arthur, the president of the company which 'operates the water ays- tern,- says that- the people have only themselves to blame for the scarcity of water, and he attributee all tha. trouble to waste by the consumers. - - .- , "The supply is sufficient for Ave years to come." he declared. 1"If people did not wte the water in Irrigating there would be no scarcity. The consumption now la twice as much per capita as that in eastern cities and. It . can be 'ex plained only by the wastefulness of the consumers. Our plant can pump 10,000 gallons an hour ana it la pumping s.eOO gallons an hour for 14 hours a day. That's more than enough for the legiti mate requirements of all our customers. There la no use In stirring this matter nn Va, w m m Atrtm " 11 ... Ia thoss people and they have no real cause Apparently, however. Mr. Arthur de cided not to Ignore the complaints of his customers, for an additional pump is said to nave . been atarted yesterday afternoon, with ths result of consider ably relieving the situation. The source of the water supply for Mont Tabor, Montavllla and the sur rounding territory la ' a large spring near the top or Mount Tabor, from which the water la pumped directly Into the mains. There are no reservoirs. From time to time efforts have been made te obtain from tha city a supply of Bull Run water; to aupplement tbat drawn from tbe Mount ' Tabor springs, but hitherto-these;- negotiations-have "been fruitless. The scarcity of water this year la greater than ever before. So serious has tbe situation become that residents of Montavllla and Mount Tabor are discussing the plan of calling a mass meeting. In order to take action which shall give them relief. Various plana have been proposed,, and among tnera is tne suggestion that another de termined effort be made to secure annex. atlon by the city of Portland. Soma advocate incorporation by Montavllla and Mount Tabor, believing that as municipalities they would be better able to deal with the problem which con- fronta 'them. ' The opinion la general that existing condltlona cannot be en. aurea mucn longer. Bang! Pop! SIz! Boom!' .If you want to get away from' similar sounds end spend a quiet Fourth why not take the trip up the Columbia on the Bailey Oatsert to Cascade Locks and re turn T Thla trip will give yon a beau tiful tide and you'll escape- the nerve- racking bangvf the firecrackers. Al ready' the sound of explosives smites your ears, so take this trip Sunday, If you've lajd other plans for the Fourth. The palatial Bailey Oatsert leaves Al der street wharf at 1:10 a.' m. On both Sunday and Monday excursions.- -Excel lent meals served on board. . 'Oatsert 111 on Sunday make connections with steamer Regulator for ' points above the locks, Hound trip 11.00. - b i - . rsefsnsd Stotrk Canned Hi ma , Allen A Lewis' Beat Brand.. 2 JKjua.--ii Don't Worry Xf your 'coffee doet ni' luit, don't worry buy Golden Gate It may coir ' more per puuna our mini oi tne If Wjqutlrtjr, High gr.de.. I r u groccn soil it. , I snd 3 !b. aroma-tight m t " tin. -', ----C M ' i lot r0inily Seco hie Acovsiiiuteoes a7 As far as light is concerned, by having your house wired, but vniany devices, such as B- Iprtirir. fl iirlinn Irnn Electric Disc Heaters Electric' Chafing Dishes Electric .Heating Pads Electric Sad Irons Elrictew Pans AND OTHERS TOO NUMEROUS TO MENTION CAN BE' USED THE ELECTRIC CURLING IRON May be attached to any lamp socket, heats quickly, and renders :unnecessary.dangerous heating devices in the dressing room. THE ELECTRIC DISC HE ATER-or Portable Stove Has a universal application, hheir form is such that they can tbe used for heating anything tat cail be placed "on a " flat, hot surface. Itis indispensable" ill the nursery or invalid's room THE ELECTRIC CHAFING DISH L-Requires no alcohol," but is always ready for use. THE ELEaRIC HEATING PAD Is extremely useful as a foot-warmer for invalids or elderly people, and proves to be a household necessity where used. Operates on any incandescent lighting circuit v . THE ELECTRIC STEW PAN ' v Isa universal utensil,- very attractive in appearance, and has proved tp be one of the most salable of electric heating devices. BY USING THE ELECTRIC SAD IRON - A greater amount of work can be done by an operator in a given time witn more ease ana comtort than is possible with any otherironr Call at Our Supply House Where Goods Can Be Examined at Any Time ii General Electric Seventh and Alder Stres E-w TT,