The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-04-29
Merriam Tells of Affairs in the
Occur d'Alenes.
NO MILITARY COURTS
PRISONERS SHOULD BE TRIED
BY CIVIL AUTHORITIES.
Says He Received No Original In
structions From the War Depart
ment-Declaration of Martial Law
by Governor Steunenberg-Prison-
ers Held Without Examination.


ton of General Merriam was continued
at the Occur d'Alene investigation by
the military committee of the house to-
day. He reviewed in detail his instruc-
tlons- In telegram from Secretary
Alger of May 81, he had referred to
General Merriam's original instruc-
tons, beyond the direction to proceed
10 Idaho to put down the inSurrectfon
He had applied TO the department twice
Tor the original Instructions" but
they had not been furnished and he had
come to the conclusion that Secretary
Alger was in error.
Regarding the incident Of the pump
men at the Tiger and PoOrman mines
he said Governor Steunenberg had
asked what could be done to save the
mine in case the men declined TO take
out permits He had replied that he did
not feel competent to advise. He knew
That to have allowed the mine to be
filled with water would have destroyed
1t as effectively as to have blown it I'D
With dynamite.
Attorney. Robertson conducted the
crosts-examination of General Merriam.
In reply to series Of questions, Cen
eral Merriam testified that marital law
was declared by the governor of G tho
upon whose request the United States
troops We're furnished. and that the
section of the revised statutes requir-
ing the president to proclaim a state
OF lnsurrection did not apply
Declaration of Martial Law.
Some of the federal troops he testi-
fed, were in Idaho and some on their
way there before martial law was de-
clared May 3. He had telegraphed
he xxrc,r ~ 3 ],
wouiu exercise martial law if action
was not disspproved by the depart
ment.
Was that your intention?" asked
Mr.. Robertson.
1T was" replied General Merriam.
But it was not exercised. It was nv
intention to sicrutinize travel outward
bound from the scene of the trouble.
The governor proclaimed martial law
on March 80
Up to the time of his arrival. 118 ar
rests had been made. Mr.. Robertson
sought to gain an admission that some
of these arrests were made prior to
the governors proclamation, but Gem
eral Merriam denied this enphatically,
producing his kilograms to show that
when he ordered the arrests he stated
martial law was declared When he had
directed that arrests should be made
by deputies, he had not conceded that
| troops could not make the arrests di-
rectiy and without warrants under
martial law.
Holding Of Prisoners.
DO you think that under the con-
/ dTtiOns that obtained in the Occur
d Alene, ii was proper and reasonable
to hold prisoners from four to six
months without examination
Il am not prepared to answer No.
replied General Merriam. II don't know
all the attending circumstances and
conditions"
Did you take any mears to deter
mine the probable innocence Of the
prisoners for your own information or
that Of the president of the United
/ States.
A No Further than to urge prelim-
mary examinations by the civil au-
! thorities
Q. You convened no military court
( to try those prisoners?
/ A l did not. The state courts were
/ open
! @. You took no pains to determine
whether information had been lodged
/ against the men arrested?
A. | did not.
Soldiers Protect Deputies.
Q. You then lent soldiers to deputies
/ who made arrests?
| A. ] did not. I sent soldiers to pro-
tect deputies and to receive and safe
| guard prisoners
! Q. Do you think there can be civil
| officers under martial law?
| A. 1 do emphatically.
Q. Deputies exercising the functions
/ Of military officers?
A. Yes, under the direction of the
| governor.
General Merriam, in response to a
| question as to whether he now consid-
| cred the people of Shcshone county
capable of self government, said he was
not in possession of sufficient informa-
| ton to give an opinion.
Without completing the c1oss-exam-
/ ination of General Merriam. the COM
| mitfea Adjourned until Mnndnr