Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1900-03-21
This Is the Question That C0nfr0nts
the Commission Investigating
the COeur d'A.ene Troubles.
HAY IN HOT PURSUIT OF FORNHY
0euerai Merriam Was Actually Ia Command
But in Using His Judgment tie Iould
Be Guided BY Bartletts Advice.

ecutor Forney was hotly pursued up hill
and down dale in the Ceeur d d'Alcne in
vestigation today by Representative Hay
of Virginia, who wanted to know who
was actually in command OF the federal
soidiery during the recent riots. 1t was
a merry chase, and 1t finally ended by
Forney's admission that General Merriam
was actually in command while State
Auditor Bartlett Sinclair could only coun-
sci him.
Representative Hay, although dem
ocrat, has been distinguished as the one
man on the committee who has disre-
gardcd party allegiance in the questions
that have arisen. When Mr.. Forney took
the stand, his inquisitor commenced
systematic line of questioning TO develop
the relative positions of Merriam and
Sinclair.
"After studying the law on the sub
ject," he declared Il am convinced that
the president in sending federal troops
into a state, cannot abrogate his power
over them, nor can he delegate his author
ity to anyone. Federal troops at all
times must be under control of the presi-
dent, and 10 state official acting in his
stead can assume the command. 1t seems
certain military authorities will claim
that the troops acted under direction of
the state officials, who alone were re-
} sponsible for acts committed in suppress
J sion OF the riot. Now, Mr. Forney. what
want to learn is whether General Mer-
, ram or Mr.. Sinclair was the commander
of those troops. Whose authority over
: them was supreme!"
Mr.. Forney was inclined to parry the
, question. ~ suppose they were in joint
( command" )" he suggested discreetly
= Representative Hay was relentless
however, and demanded more accurate
, answer.
"Then." replied Mr.. Forney, IL sup
pose General Merriam was actually il
command, but in using his good judg
ment he could be guided by the advice o
Il Sinclair"
/. "Then you are satisfied that Genera
a Merriam's soldiers were put at the com
r mand of Sinclair IN making arrests2'
e ayes" assented Mr.. Forney.
: Mr.. Hay was triumphant. 81 want
= clearly brought out, he declared, "tha
1t the federal troops were put under com
l. nand Of the state officials
r Representative Lentz took up the cross
l. examination, with the purpose of sho"
X ing Snclair's position. "Who was i
S. supreme command of the riotous dis
IL trict2" he queried.
" Doubtless Mr.. Sinclair, who as rel
N resentative of the governor was clothe
I'd both with civil and military power" al
r. swered Forney. "The statute makes hii
Sc a civil officer while under the governor
he authority he was also military oiicii
Sc in the charge of the forces"
,rt "IFnder the statutes of Idaho. whei
r. has the governor power to delegate h
H. military authority to any person ?" ask,
rit Mr.. Lentz.
", Mr.. Forney referred to the section
of the constitution putting the governor
he command of the state troops.
lrt Then" persisted the examiner,
is. that section does not give the power,
Oh law doe p
of Mr.. Forney assented
Pc The rest of the examination was large
be of an expert character, in which I
ess habeas corpus features were threshed G
again.
Mr.. Forney stated that in his opini
the trouble between the union and nc
union men in the Ceur d'Alene distr
+" was irreconcilable, and that one OF I
=, other class would have to leave. Trou'
had been going OH since 1895, and
camp was too small to permit both t
men,s to remain in peace.
,,,- Mr.. Lentz sought to develop that
ate union men were being systematic
ion driven out by the "permit system
'osi- this the witness denied.
tire 81. .-.,:.... IT.. IL,
for oi' ie e'"''S'' -
om- stated that in his opinion, based on
'ine the circumstances coming under his
lde serva ion, the governor was justified
proclaiming martial law.
Mr. Forney's testimony was closed
in the day and the committee adjourn
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