Moyer V. Peabody - Background

Background

The case arose out of a wave of labor disputes, known as the Colorado Labor Wars, in the mining industry in the state of Colorado. In August 1902, the Western Federation of Miners (WFM) organized mill workers in Colorado City, Colorado. The employers planted a spy in the union, and the evidence of union activity the mole gathered led to the dismissal of 42 union members. Union-employer negotiations over the dismissals began almost immediately, and dragged on into 1903. With the negotiations at a standstill, the WFM struck on February 14, 1903. After the number of miners walking the picket lines grew in March and April, the mine owners decided to seek state aid. Governor James Peabody was strongly anti-union, and the employers worked with him to craft a response which would break the strike and the union. Although Colorado City was quiet and no public disorders of any magnitude had occurred, the employers and local authorities claimed extensive rioting had occurred and that local and county law enforcement were unable to handle the mobs. Governor Peabody called out the Colorado militia, investing them around Colorado City. Outraged miners in nearby Cripple Creek and the western city of Telluride also walked off the job, and the militia was deployed in those cities as well. Mass arrests began in September 1903, breaking the strike. One of those arrested was Charles Moyer.

Moyer had traveled to Telluride to protest the mass arrests and deportation of miners. He lent his signature to a WFM poster (see right) denouncing the arrests. Moyer was arrested on March 28, 1904, for desecrating the American flag. He was released on bail, but re-arrested the following day on the orders of the Adjutant General of the state militia on the grounds of "military necessity".

Moyer's predicament was not unusual. The state militia had detained hundreds of striking workers and union leaders for many weeks in bullpens, and had disregarded hundreds of habeas corpus petitions.

Moyer petitioned a Colorado state court for a writ of habeas corpus, which was granted. However, the Colorado State Attorney General and the local district attorney refused to honor the writ. Moyer appealed to the Colorado Supreme Court. On June 6, 1904, the Colorado Supreme Court ruled in In re Moyer, 35 Colo. 163, that Moyer's constitutional right to due process and habeas corpus had not been violated. The court held that the governor had acted under color of state law, and that the courts had no jurisdiction to review the governor's finding that a state of insurrection existed in Colorado.

Moyer appealed to the U.S. District Court in Missouri, and obtained a writ of habeas corpus on July 5, 1904.

Alarmed by the writ, Governor Peabody revoked the finding of insurrection the same day and ordered Moyer released by 3:45 p.m. (before the federal writ could be served). Moyer was released, but continued to press his case. The U.S. Supreme Court accepted certiorari, and oral argument occurred on January 5 and January 6, 1909.

Read more about this topic:  Moyer V. Peabody

Other articles related to "background":

Eddie Chapman - Background
... Well along into his criminal career he was arrested in Scotland and charged with blowing up the safe of the headquarters of the Edinburgh Co-operative Society ... Let out on bail, he fled to Jersey in the Channel Islands where he attempted unsuccessfully to continue his crooked ways ...
TurboGrafx-16 - Technical Specifications - Display - Color
512 Colors onscreen Maximum of 482 (241 background, 241 sprite) Palettes Maximum of 32 (16 for background tiles, 16 for sprites) Colors per palette 16 per ...
44 Liquormart, Inc. V. Rhode Island - Background
... In 1985, a liquormart brought a suit against the liquor control commissioner, arguing, among other things, that the first regulation, which prevented the liquormart from advertising its prices, was unconstitutional ... The Rhode Island Supreme Court, however, held that the regulation did not violate the First Amendment, the Commerce Clause, the Equal Protection Clause, or the Sherman Anti-Trust Act ...
Young, Gifted And Black - Personnel
... Hathaway - Organ, Electric piano Billy Preston - Organ Sammy Turner - Background Vocals Hubert Laws - Alto Flute Chuck Rainey - Bass J.R ... Bailey - Background Vocals Carolyn Franklin - Background Vocals Erma Franklin - Background Vocals The Memphis Horns - Ensemble The Sweet Inspirations - Background Vocals Jack Adams ... Clark - Background Vocals Cornell Dupree - Guitar Jimmy Douglass - Engineer Tom Dowd - Arranger, Producer Chuck Kirkpatrick - Engineer Eric Gale - Bass Lewis Hahn - Engineer Dan Hersch ...
Yankee White
... Yankee White is an administrative nickname for a background check given in the United States of America for Department of Defense personnel and contractor employees ... clearance requires, in part, a Single Scope Background Investigation (SSBI) which is conducted under the manuals of the U.S ... Individuals having Yankee White clearances undergo extensive background investigation ...

Famous quotes containing the word background:

    In the true sense one’s native land, with its background of tradition, early impressions, reminiscences and other things dear to one, is not enough to make sensitive human beings feel at home.
    Emma Goldman (1869–1940)

    Pilate with his question “What is truth?” is gladly trotted out these days as an advocate of Christ, so as to arouse the suspicion that everything known and knowable is an illusion and to erect the cross upon that gruesome background of the impossibility of knowledge.
    Friedrich Nietzsche (1844–1900)

    ... every experience in life enriches one’s background and should teach valuable lessons.
    Mary Barnett Gilson (1877–?)