habeas corpus. The writ was denied, because its privileges had been lawfully suspended.
Basing his opinion on the decision of the Supreme Court of the Philippine Islands, Justice Gabbert jumps to the following conclusion:
"While the question is not involved or touched upon in the Philippine case, it logically follows from the conclusion there announced, that with the privilege of the writ of habeas corpus suspended, the legality of the arrest and imprisonment of one taken into custody by the lawfully constituted authorities cannot be inquired into. It must also follow that, when the Governor has exercised the power vested in him to call out the military to suppress
The Pinkerton Labor Spy. 137
an insurrection, the arrest and detention by the military of one taken into custody as an insurrectionist by the particular force which the Governor is authorized to employ to suppress an insurrection cannot be inquired into by the courts."
We have hinted an apology for the liberty of assailing a Supreme Court decision. This apology was offered, let it be understood, not to the Supreme Court of Colorado, but rather to one of the justices of that court, an eminent jurist, a conscientious and fearless man. We refer to Justice Robert W. Steele.
Judge Steele's dissenting opinion is such an able, brilliant and truthful interpretation of the law, and so invaluable a historic document, that if space permitted, we would gladly quote it in full.
Judge Steele commences his opinion with the following remarks:
"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