[212 U.S. 78, 79] Messrs. Edmund F. Richardson and Horace N. Hawkins for plaintiff in error.

[212 U.S. 78, 81] Messrs. Horace Phelps, William H. Dickson, and John M. Waldron for defendant in error.

[212 U.S. 78, 82]

Mr. Justice Holmes delivered the opinion of the court:

This is an action brought by the plaintiff in error against the former governor of the state of Colorado, the former adjutant general of the national guard of the same state, and a captain of a company of the national guard, for an imprisonment of the plaintiff by them while in office. The complaint was dismissed on demurrer, and the case comes here on a certificate that the demurrer was sustained solely on the ground that there was no jurisdiction in the circuit court. 148 Fed. 870.

The complaint alleges that the imprisonment was continued from the morning of March 30, 1904, to the afternoon of June 15, and that the defendants justified under the Constitution of Colorado, making the governor commander in chief of the state forces, and giving him power to call them out to execute laws, suppress insurrection, an