The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1900-06-23
THE DEMOCRATIC DIFFICULTY.

management of affairs in the Cceul
dAlenes and fairness dictates that
each faction should be credited with
all equal degree ofintegrity. Those
who uphold Steunenberg contend
that the conditions in Shoshone
justified the extreme measures
adopted by the State authorities
and claim that the ordinary pro-
cesses of law were inadequate to
deal with the situation. Those in
opposition to Governor Steunen-
berg insist that State officers over
stepped all legal bounds and plunged
into excesses for which there is nei-
ther legal nor moral justification.
They claim that the constituted att
thorities in the name of law and or
der have committed offenses more
dangerous to the body polite than
were the crimes they sought to
suppress. The indictment they
present against Governor Steunen-
berg's administration. contains sub
stantially the following counts:
First, after the State authorities
had secured full control of the stu
alton in Shoshone county, appre-
hended and confined practically all
the so-called rioters, opened and set
in motion the civil courts, then
martial law should have been sus-
pended and the ordinary civil pro-
cesses followed. This is not, as it
may appear, a contention for a
mere abstraction-a legal quibble.
The point is that many innocent
men were confined in the bull pen
who could obtain no hearing in the
civil court because Of the continued
operation of martial law. It is a
notorious fact that the courts were
wide open for the trial and convic-
ton of the guilty, but closed and
bolted against the acquitta1 of the
innocent. The States Attorney,
Mr.. Forney, testified under oath
that there were innocent men incar-
cerated i'll the bull pen, but there
was no process known to law by
which they could be- liberated.
They were held in obedience to the
Governors will and could be set
tree only at his pleasure. Second,
those opposed to Governor Steunen-
berg S methods insist that the per-
mt system is an un-American, un-
Democratic and unwarranted in
Vaslon OF natural rights, and it is
1urther Contended that it's inaugu-
ration was an improper assumption
OF responsibility by the State.
Ihe argument is that he who
maintains a nuisance or anything
else detrimental to the public peace
and welfare must abate it or be
himself abated. It was the pro-
vince and the duty Of the mine
owners to refrain from employing
'aWless men. If they refused to do
50 then it became the duty of the
o'ate to close the mines, because
me mine owners themselves by
perslstlng in harboring 1awless
and dangerous element became ac-
'ompices. A robber is no worse
'nan the keeper of a robber, S rem
ueSVous. The Mine Owners AS
Soclatlon should have been treated
"l'n VIII at least the same rigor as the
u'1er Union. Third, after all
'"oSe miners had been apprehended
and confined in the bull pen for
PERIODS ranging from a month to
seven months, they were all save
sue set tree to return when called
Or' lfthey were innocent ofcrime,
II was due to them that they be
sally and publicly acquitted. If
n'':,, 1:y were guilty, OF supposed to be
su'lty' what excuse can be given
W. WI turning them loose toprey upon
ue ,' public without even the form
atty of a trial?
Up to the present time the sup
f0AlefS of Governor Sta,,ra,,baro