The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-16
NOT UNDER MARTIAL LAW
Governor Smith Gives 1t to Gen.
eral Merriam Straight.
LETTER NOT ANSWERED
Some Facts About the Matter Which
Has Given Rise to Various Rumors.
Was Merriam Correctly Re-
ported in Dispatches?
Special Dispatch to the Standard.

Special Dispatch to the Standard
Helena, May 15.-Governor Smith to-
day furnished the press with copies of
the letter he sent to General Merriam
about which there have been various
rumors. 1t was written three days ago,
the governor waiting a reasonable time
to allow the officer to receive it before
making 1t public. 1t was evoked by a
press statement to the effect that Cen
eral Merriam had ordered Lieutenant
Lyons, who was sent into Montana
after alleged rioters from the Coeur
d Alenes, to take the men to Idaho at
once without paying any attention to
orders from any one excepting the COM
1nanding officer. The governor desires
to know whether the general was cor
rectly reported in the press Montana's
executive gives the federal officer to
understand that he is a firm believer
In the civil law being above the mill
tary authority. and at the same time
is willing to give the military every as
sistance in his power in apprehending
criminals. Prior to writing this letter
the governor had telegraphed to Lieu
tenant Lyons that he had no objection
to the men being taken from Missoula
county without requiSitIons and, as
stated in Helena dispatches to the
Standard, had requested the sheriff of
Missoula county to co-operate with the
military so far as lay within his power.
The messages to the lieutenant and to
the sheriff We're not sent with any view
of taking away from any man his
rights guaranteed by the constitution.
If any of the men that We're arrested
had employed counsel and applied for
wrts of habeas corpus in the state or
federal courts. they would have recelV-
ed the benefits of every right given in
the federal and state constitutions. The
governor said to-day that he would not
allow any more of the alleged rioters to
be taken from the state without the
usual legal methods being observed.
The governor denies the report that he
has sent any protest to Washington
against the action of the troops. NO
reply has been received from General
Merriam to the governors letter. which
was sent to Wardner. The governor S
letter follows:
Executive Office, Helena, Mont.
May -. 1s99.-General Merriam Ward
ner. 1daho-Sir: I notice through the
medium of the press statement that
You ordered Lieutenant Lyons, having
prisoners at Missoula, to take them at
once to Idaho and pay no attention to
manding officer. May I ask if you were
correctly reported in this respect? In
these troubles the civil authorities of
Montana have been willing to aid the
proper authorities in the arrest of fu-
gitives from Idaho, and have done all
that was asked of them. But we must
understand that no part of Montana is
acting under martial law. While I am
willing to give all proper and legal aid
70 the officers of Idaho or your soldiers
in the arrest of criminals. it must not
be assumed that the civil authorities of
this state will silently permit even fed
eral troops to disregard the civil law
OF the process of civil authorities, |
am a firm believer in the doctrine that
the military must always be subserv-
lent to the civil authority. Trusting
that you were misquoted in the press
dispatches, and that YOU did not intend
10 disregard the civil authorities, l am,
ROBERT B. SMITH.
Governor"