Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-04-29
MERRIAM ON THE STAND.
Gives His Version of the Occur ID
A1ene TrOubles-Martial Law De-
clared by the Governor

/
Gives His Version of the Occur ID
Alene Troubles-MartiaI Law De-
clared by the Governor.
| WASHINGTON, April 2S.-The ex-
animation of General Merriam was
continued at the Occur d'Alene inves-
tigation before the military committee
of the House to-day. He explained in
! detail his instructions. In a telegram
from Secretary Alger on May 81 he
had referred to General Merriam's
original instructions" General Mer-
RAM testified that he had never re-
ceived any Original Instructions be-
| yond the direction to proceed to Idaho
to put down the insurrection. 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 Poorman mine, he said Governor
Steuenberg 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
up with water would have destroyed
1t as effectively as to have blown it
up with dynamite.
Attorney Robertson conducted the
cross examination of General Merri-
am. In reply to "a series of questions
General Merriam testified that mar
tial law was declared by the governor
of Idaho, upon whose request the
United States troops were furnished,
and that the section of the revised
statutes requiring the President to
proclaim a state of insurrection did
not apply. Some of the federal troops.
he testified, were in Idaho and some on
their way there before martial law
was declared.
Before martial law was declared, May
3, he had telegraphed MAY p, to the
War Department that he would exer-
else martial law if action was not dis
! approved 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 scrutinize travel outward
! bound from the scene of the trouble.
! The Governor proclaimed martial law
on May 81
| Up to the time of his arrival 1923 ar
| rests had been made. Mr.. Robertson
sought to gain an admission that some
or these arrests were made prior to the
/ Governors proclamation, but Gen. Mer-
rian denied this emphatically producing
his kilograms to show that when he or
dered the arrests he stated martial law
was declared. When he had directed
that arrests should be made by depu-
ties he had not conceded that troops
could not have made arrests directly
and without warrants under martial
law.
do you think that under the con-
ditions that obtained in the Occur
d'Alene it was proper and reasonable
to hold prisoners from four to six
months without examination"
Il am not prepared to answer mo,
replied Gen. Marian. II do not know
all the attending conditions and cir
cumstances."
Did you take any means of exam
ination or otherwise to determine the
innocence of the prisoners for your
own information or that of the Presi-
dent of the United States?"
Il did not"
Odd you take any means to de-
termine their probable innocence?
A.-No. further than to urge prelim-
mary examinations by the civil author
ities
Q.-You convened no military court
to try those prisoners?
Al did not The State courts were
open.
Q.-You took no pains to determine
whether information had been lodged
against the men arrested?
| Al did not.
Q.-You then lent soldiers to depu-
ties who made arrests?
Al did not / 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?
| Al do emphatically.
Q.-Deputies exercising the functions
of military officers?
| Ayes. under the direction of the
| Governor?
I; Gen. Merriam. in response to a ques-
! ton as TO whether he now considered
the people of Shoshon county capable
of government, said he was not in
| possession of sufficient information to
| give an opinion.
| Without completing the cross-exam-
| ination of Gen. Merriam. the commit
tee adjourned until Monday.
\
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