Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-28
Gen. Merriam Tells About Condi-
tions in Idaho.
APPEARS BEFORE. The COMMITTEE
Men Acted as Guards for the Dep
uties.
AID TO THE CIVIL POWER

The examination of Gen. Merriam was
continued at the Coeur d'Alene investiga-
ton before the military committee Of the
House today. He explained in detail his in
structtons. In a telegram, Secretary Alger,
May 81. had referred to Gen. Merram's
original instructions" Gen. Merriam tes-
titled that he had never received any "orig-
inal Instructions beyond the direction to
proceed to Idaho to put down the insurrec-
tion He had applied to the department
twice for these 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 Poor Man mine, he said
Gov Steunenberg had asked what could be
done to save the mine in case the men t.e-
clined 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
hlled up with water would have destroyed
II as effectively as to have blown 1t up with
dynamite.
Declaring Martial Law.
Attorney Robertson conducted the cross
examination of Gen. Merriam. In reply to a
series OF questions Gen. Merriam testified
that martial law was declared by the gov
ernor of Idaho, upon whose request the
~1A-eSN StoeCS tiOopS were IurniSneQ, and
that the section Of the Revised Statutes re-
quirfng the President to proclaim a state of
lnsurrection did not apply. Some of the fed
eral troops, he testified, were in Idaho and
some on their way there before martial law
was declared Before martial law was de-
ciared, May B, he telegraphed (May p
to the War Department that he would exer-
else martial law If action was not disap-
proved by the department.
Was that your intention?' asked Mr.
Robertson.
1T was" replied Gen Merriam. But 1t
was not exercised. 1t was my intention to
scsnslnize scaua ~ travel outward-bound from the
scene OF the trouble. The governor pro
claimed martial law on May g."
Up TO the time of his arrival 12S arrests
haa been made: Mr.. Robertson sought to
sssts sa,h an aomlssion that some of these ar
rests We're made prior to the governors
procia1nation, but Gen. Merriam denied this
emphatically, producing his telegram to
STOW that when he ordered the arrests he
had directed that arrests should he made bI,
uepI,ies ne had not conceded that troons
couid @ not nave made arrests directly with
out warrants. under martial law.
Holding Prisoners Without Exam;n.-
fiOn.
Do You think that under the conditions
that obtained In the Occur d'Aiene it was
p'oper ana reasonable to hold prisoners
from four to six months without examina-
tion?'
am not prepared to answer no." re-
piled Gen. Merriam. Il do not know all
the attending conditions and circum-
stances"
O. Did you take any means Of examfna-
uof or otherwise to determine the inno-
Cence or the prisoners for your own infor
ma ton or. that of the President of the
United States?" '-s
A. Il did not"
=. Did you take any means to deter
mine their probable innocence?'
A. NO, further than to urge preliminary
examinations by the civil authorities"
W You convened no military court to
try those prisoners?''
A Il did not The state courts we're
open.''
Q. You took no pains to determine
Whelher information had been lodged
against the men arrested?'
A. II did not"
Q. You then lent soldiers to deputies
who made arrests?'
A. Il did not. i sent soldiers to protec.
deputies and to receive and safeguard pris-
oners."
O. DO you think there can be civil Off
GERS under martial law?"
A. Il do, emphatically"
g: Deputies exercising the functions of
military officers?"
A. Yes, under the direction of the gov
nor.'
General Merriam. in response to a cues
ton as to whether he now considered the
people of Shoshone county capable of self
government. said he was not in possession
OF suHiclent information to give an opin-
ion.
Without completing the cross-examina ton
OF Gen. Merriam, the committee adjourned
until Monday