In re Boyle

Citations

• 6 Idaho 609
• 57 P. 706
• 45 L.R.A. 832
• 1899 Ida. LEXIS 40

Syllabus

<p>Habeas Corpus — Insurrection.—In case of insurrection or rebellion, the governor, or military officer in command, for the purpose of suppressing the same, may suspend the writ of habeas corpus, or disregard such writ, if issued.</p> <p>Same — Proclamation of Governor. — The truth of recitals of alleged facts in a proclamation issued by the governor proclaiming a certain county of the state to be in a state of insurrection and rebellion will not be inquired into or reviewed on application for a writ of habeas corpus.</p> <p>Suspension of Writ — Martial Law — Military Forces. — The proclamation of the governor declaring Shoshone county to be in a state of rebellion, and his action in calling to his aid the military forces of the United States for the purpose of restoring good order and the supremacy of the law, had the effect to put into force, to a limited extent, martial law in said county and such action is not in violation of the constitution, but in harmony with it, being necessary for the preservation of the government and its necessary self-defense.</p> <p>(Syllabus by the court.)</p>