Word: martially
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These constitutional provisions allow a state governor a wide range of discretion, first, in deciding that the emergency exists which justifies martial law, and second in choosing the means to enforce order...
Consequently, state and federal courts have been very reluctant to upset declarations of martial law by state governors Judges, wisely recognize that the particular decisions about emergencies must usually be left to the Executive who wields the sword, without any control or advice from sedentary scholars on the benches...
...meet crises cannot be made the excuse for the subjection of American citizens to military rule, when there is no emergency. For example, there are probably more gangsters per thousand people in Chicago than in Narragansett Park, but the governor of Illinois can not properly put Chicago under martial law tomorrow. Martial law would otherwise be an easy route to dictatorship...
Both sides of the issue were admirably stated by Mr. Justice Holmes in connection with the establishment of martial law during the great 1904 strike of the United Mine Workers in Colorado (212 U. S. at 85): "No doubt there are cases where the expert on the sport may be called upon to justify his conduct later in court, notwithstanding the fact that he had gole command at the time and acted to the best of his knowledge...
...know, there is no precedent for the power of a governor to establish martial law in times of peace when there has been no rioting, no great disaster like a fire, flood, or earthquake, and no acts of violence except a few of the kind that are ordinarily handled without difficulty by prosecutions for assault and battery...