justified in arresting the rioters and placing them in jail without warrant, and detaining them there until the riot was suppressed.
"Nor do these views conflict with Section 22, Article 2, of the Bill of Rights, which provides that the military shall always be in strict subordination to the civil power. The Governor, in employing the militia to^ suppress an insurrection, is merely acting in his capacity as the chief civil magistrate of the State "
136 The Pinkerton Labor Spy.
In a supplementary article replying to a dissenting opinion, Chief Justice Gabbert has this to say:
"The Constitution has clothed the Governor with the ' power to take the steps he did, and he cannot be called to account by the judicial department for his action, nor can the latter inquire into or determine whether or not the condition existed upon which he based his action "
A recent decision by the Supreme Court of the Philippine Islands is direct authority for supporting this conclusion. Section 5 of the act of Congress known as the "Philippine Bill" provides that the privileges of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion, insurrection or invasion, the public safety may require it, in either of which events the same may be suspended by the President or by the Governor-General, with the approval of the Philippine Commission whenever, during such period, the necessity for such suspension shall exist.
Judge Gabbert then recites the following facts: That by virtue of this act of Congress, the authorities had suspended the writ of habeas corpus in the Province of Batangas, because of the existence of serious political conditions in that district. The military arrested one Feliz Barcelon, who attempted to gain his liberty by means of an application for a writ of