The evening times., 1900-04-28
MADE NUMEROUS SARRESfS
General Merriam's Admissions at
The Idaho He irirg.
Miners Taken Into Custody and Held
for Six Months Without Warrant
or Indictment-The Troops Would
Have Taken the Lives of Those
Who Resisted Federal Authority.


before the House Committee on Military
Affairs this morning with General Merriam
on the stand. Under cross-examination by
Attorney Robertson he admitted that he
had instituted martial law before seeing
the Governor OF Idaho and before the lat
ter had declared it. He further admitted
that HIS troops had made wholesale arrests
under his Instructions and had done this
without warrant or Indictment He stated
that his men had held prisoners for six
months without any care as TO their guilt
or innocence and il any resistance had
been made the troops would have killed
the prisoners.
The examination of General Merriam
was continued by Attorney Clancy for the
State. VINO questioned the witness about
certain kilograms OF Instructions from the
War De oartment.
Il requested definite instructions from
the Secretary Of War on two occasions.
said he, and have not vet received any
answer &c my enquiries. think that Gen
eral Alger must have been a little on in
regard 10 my original instructions. The
telegram and the answer. the only instruc-
tions received, are as follows
Adjutant General, Army. Washington. d. C.:
TeieSranis dated Yesterday and signed By See
retsry Of War. relating 10 duties OF troops in
Shoshcnr county, Idaho. received and forwarded
tc Major Srfsith, with instructions keep well
within its limitations In this connection. : IL
expected that troops be used 10 guard prisoners
arrested by State authorities or magazines con
tanning explosives within The region declared by
the Governor IN state 81 in-urrection and
therefore understood 10 be under martial laVf
These and peri aps other precautions needful.
IN my oDinioI, 10 prevent further violence zad
crime
MERRIAM, b. gadier Gcnersl
Major General Merrisa. Denver. Co,o:
In reply to your Telegram of yesterday. Secre-
taTy 81 Mar directs me 10 say tHst while thc In
requires your aid YOU Viii CONTINUE TO assist the
state sut' orities 90 preserve The peace dud pro
tect life aud property. Nou VIII take whatever
precauticr- are Necessary 10 prevent further yio-
IL c coRBIN, AJiutzut General.
Din 10, the United States troops force
the prisoners 10 work during The pump
strike al the Tiger -Poormsn mine -
Governor Steunenberg told me that the
mine would 0e flooded II the uniCn pump
men did not AXE out permits. ! told him
to use his own discretion. II would have
been as harmful TO stop the pumps IS 10
put dynamite in the mine.
In your Instructions 10 Major Smith.
you say that 10 this end YOU are exercising
the extraordinary powers which obtain
under martial law. Nov. what martial Law
WAS this
Governor steuneuberg informed me
that martial Law prevailed in ShoshOne
county.
Attorney Robertson. for the miners.
then took up the cross ss-eKsminsJion Of
General Merriam
Do you know under what statute yCu
proceeded TO the Occur d'Alenes7'
Under the section which provides that
when the Legislature cannot be convened.
the Governor may demand United States
forces
..Yon took your instructions from the
Governor instead OF the President
4 id"
Bur the President was your Command
erin -Chief2
Yes; ] take my orders from him
when you arrived in Idsh1. mar1.al
law had not been declared"
yet you directed troops to p-c.eei 20
shoshone county before martial la~ was
declared"
Yes. some of them we're thsr. At The
time"
Did you not state in yonr -epo,s trat
arrests were made on Nav -
That is a mistake in my Iero-t. vas
mistaken.
did YOU not send toe 'ol;or,uS i,.lc-
gram on the day previous TO the 1eSlaIs-
tion OF martial law"
Boise. Nay .. 1875.
Adiutsrt General. Army:
Troops concentrating; Al wsrdner and Mul3sn
VIII conlrol outlets from mining camps. d not
oiSSpprored VII direct 10 scrutinize travel out
ward and cetsin suspected passengers. This Is
martial law, buI no other course Likely 10 secure
ri0JeIs.
MERRIAM, Brssdier General
.I-did.
And YOU intended to institute martial
Law yourself before the Governor had made
any statement?
4 did.
You did not intend 10 use STATE depu-
Ties 10 arrest men as long as you had
troo9s?"
And YOU yourself were responsible for
what YOU might do under your institution
Of martial law"
L was
Did you not wire military officials in
Wsrdner directing them 10 make arrests
4 did"
IT YOU had seen any miners leaving the
Occur FAlenes when you had instituted
martial law. would YOU have arrested
them?'
I would.
Without deputies"
IF necessary. l eouid have ordered troops
Did you not know that all Of the arrests
were made without warrants?"
I did"
You considered the military authority
competent TO make arrests without war
rant or triai?"
I did"
You permitted the men in your com
mand to go to Burke and without war
rants arrest SEQ men who were placed in
box cars or the bun pep2"
Yes"
DID you not hold the prisoners for
months without State aid and keep them
in physical duress by means Of Federal
troops?'
Il did"
Did you in all this time inquire into the
guilt or innocence of the men -
I did not
You established no provost court or
court-martial TO determine whether The
men were rightfully heii?"
Il did not
You took no steps - ascertain whether
or not men were arrested by troops or
deputies without warrant or without
charger
THAT is true"
IF necessary your soldiers would have
taken the lives of those who resisted ar
rest?"
They would suppose"
Did you not order your subordinate
officers to arrest all men attempting 20
leave the Coeur d'Alenes. without any
qualification as 10 deputies2
My troops could have made arrests IN
obeying my orders.
Did you know thai any State deputies
had been appointed when YOU ordered volr