The evening times., 1900-03-19

When the Coeur. d'AIene enquiry was
resumed by the House Committee on Nil
itary Affairs at 1890 this morning. Mr.
Forney, special prosecutor for Shoshone
county Idaho returned to the witness
stand and his examination was continued
by Mr.. Hay OF Virginia, neither Mr.. Lentz
nor Mr. Sulzer being present at the time
the committee met
Mr.. Hay read the statute Of Idaho
which provides that the Governor Of the
State might, in case Of insurrection. call
out the State troops. He wanted to know
Of the witness whether, when the Federal
troops went into Idaho. the President Of
the United States was the commander OF
those troops OF whether they were under
the command Of the State authorities;
that is whether General Merriam OF
Bartlett Sinclair was responsible FOR the
regulations enforced by the military in
Idaho.
It was not easy to find the line dividing
the authority between the state authori-
ties and the officers Of the Federal troops
Though the witness could not be com
PEELED to admit IL. yet it seemed 10 be
clear at least 10 the spectators that the
Federal troops acted mainly under the
orders Of the state authorities. that is
that General Merriam surrendered his
authority 70 the State authorities and
allowed them 70 command the troops.
The witness could not ind any warrant
in law for this transfer Of authority.
Neither could he cite precedent where
martial law had been as long continued
as in Idaho
Mr.. Hay continued TO press the witness
FOR the purpose Of showing that the Presi-
dent OF the United States could not dele
gate bis authority as Commander -in-Chief
Of the troops 20 any State officers He
wanted 20 show that whatever was done
by the Federal troops mUS' have been done
on their responsibility and that they shall
not be allowed 10 cover behind the skirts
Of the state officers under the p el that
they lthe military acted under their or
ders-"
When Mr. Leutz came in he forced the
witness 10 admit THAI General Merriam
obeyed orders issued by Bartlett Sinclair,
the representative OF the Governor. Mr.
FoTney said that Mr.. Sinclair was bOh
military and civil officer.
can you point 10 any law in Idaho un-
der which an officer can be both a civil
and military authority
Mr.. Forney sought 10 explain. bur his
explanation was not clear 10 the spects-
tors His civil authority rested on statute.
his military authority did rot rest on stat
Then said Mr.. Leutz. when he exer-
cised military authority he exer ised that
authority outside Of the statute
He did"
Mr.. Lentz sought TO force the witness TO
admit that his Interpretation OF the words.
civil authority" was that they meant
1s.H al D
FOrney would not directly assert to this,
and a great deal OF verbal sparriug took
place The witness said that the Govern
or had delegated his military authority 10
Sinclair. but he was unable 10 point Ous
any statute conferriDg upon the Governor
the right to transfer such authority to
anybody else.
Returning 70 the matter Of the bull pen
the witness said in answer 10 questions
by Mr. Lentz that a number Of men in the
pen were not indicted while IN the case OF
those who were indicted. these Indictments
we're never published.
The witness was questioned about the
removal from Office OF the three county
commissioners of Shoshone county. He
did not know whether they were in Ward
ner at the time OF the destruction Of the
Bunker Hill MIL Neither did he know
whether these commissioners were mem
bers OF the Miners Union or any ether la
Dor organization.
Forney said he did not refuse trial to
The men in the bull pen. He had refused 10
make known the names Of those against
whom he had indictments.
WAS this not a denial Of the constitu-
tional rights Of those men in the bull
pen -
They we're held by the State authorities
and I was not ready FOR trial"
But even though YOU were not ready
TO proceed 20 trial you not only refused
10 make known the names OF those pris-
oners against whom indictments had been
found. but would not accept bail for the
appearance Of the men as provided in the
I Constitution"
The witness avoided direct answer. but
the fact stood out that anybody whom the
soldiers thought fl to arrest was thrown
into the bull pen. and languished there
for several months without the right OF
trial-without the right 20 furnish bail.
and without being able TO fnd out whether
he vas even indicted. One Of the leading
reasons for this, which Forney gave was,
I was nOy prepared TO try the cases"
At noon the committee took a recess.