Moyer v. Peabody,
212 U.S. 78 (1909)

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U.S. Supreme Court

Moyer v. Peabody, 212 U.S. 78 (1909)

Moyer v. Peabody

No. 55

Argued January 5, 6, 1909

Decided January 18, 1909

212 U.S. 78


What is due process of law depends on circumstances, and varies with the subject matter and necessities of the situation.

An officer of a state interfering with an individual's rights in an unconstitutional manner derives no protection from personal liability on account of his office.

The declaration of the governor of a state that a state of insurrection exists is conclusive.

Where the constitution and laws of a state give the governor power to suppress insurrection by the National Guard, as is the case in Colorado, he may also seize and imprison those resisting, and is the final judge of the necessity for such action, and when such an arrest is made

Page 212 U. S. 79

in good faith, he cannot be subjected to an action therefor after he is out of office on the ground that he had not reasonable cause.

Public danger warrants the substitution of executive for judicial process, and the ordinary rights of individuals must yield to what the executive honestly deems the necessities of a critical moment.

Without deciding other questions as to the jurisdiction of the circuit court, held that the declaration of plaintiff in error in this case against the former governor of Colorado for arrest and detention during a period of insurrection does not give the circuit court jurisdiction thereof under § 629 or 1979, Rev.Stat., as a suit authorized by law brought to redress the deprivation of a constitutional right.

148 F. 870 affirmed.

The facts are stated in the opinion.

Page 212 U. S. 82

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