New-York tribune., 1907-12-12
A GOLDF[ELD INQUIRY.
1cTION By PRESIDENT.
cends Commission TO ascertain
Eract State of affairs.

,1-1ehinCtOn, Dec lI-fresloeft Roosevelt
.nnointed Assistant Secretary Murray of the
r,ortrnent of Commerce and Labor. Charles P
-, Commissioner Of Labor. and Herbert
10Y Smith. Commissioner Of Corporations,
-.,,uission TO make thorough investigation OF
the trouble between 1he miners ana mine oper-
.,ors at Goldheld-
The President is anxious TO ascertain the
ar, conditions at Goldfield. He has given the
,,nissioD letter of instructions which is
t,a6 in character and will enable the commits
sioners TO make any such investigation into af-
4,,rs there as they may think necessary. The
Letter directs the members OF the commission to
,,-oceed Immediately TO Gold1eld. make an in
,,;rv into affairs as they exist there and re-
mort 20 the President personally. It also directs
ali civil and military authorities TO furnish the
commission any information they may possess
hearing the situation
The members OF the commission left Washing
,on this afternoon at $40 o'clock They have no
idea at present how long they may be engaged
IN their work. but do not expect 10 return to
Washington much under weeks.
Further than the official statements no dec
lsyations TO be had from any authorized
person as 10 the sudden decision OF the admin
is;ration to take such action as the President
did to-day. II is clearly understood, however.
amcng the officials of the War Department that
the purpose is to forestau adverse criticism on
the dispatch of troops to Goldfeld before there
had been any actual rioting, and distinct init
nations that such criticism would be forthconl-
Ing were not lacking in labor circles There is
no disposition in any quarter TO question the
right Of the President to move the troops of
the army. of which he is the commander in
chief. any point AT his OWN Will. and, there
fore 70 send troops from California into Nevada.
But the question might arise at once as TO his
authority to the troops now in Goldfeld.
should he decide TO do so, for Congress has
strictly limited the functions OF the regular
army in time OF peace. Only recently, in con-
nection with the balloon races at ST. Louis, ii
was found that United States troops had been
Illegally employed there, and War Department
officials their guard to prevent the
employment Of the regular army in any unau-
thorized manner. The purpose Of the President.
therefore. in sending the commission to Cold
field IS understood 10 be to ascertain the facts
necessary foundation for any action that
the army may be called on TO take at that place.
In 1878 when feeling ran high, Congress en-
acted the famous posse cornitatus act, the pur-
pose Of which TO prevent. in the first place,
the use of United States troops at the polls IN
the Southern states. That act, under heavy
penalty. prohibited the employment Of "any
part Of the army Of the United States posse
comitatus, otherwise. for the purpose Of ex-
ecuting the laws, except in such cases and under
such circumstances as such employment of said
force may be expressly authorized by the Con-
stitution or by act Of Congress-
In passing on the St Louis cases Judge Ad-
rocste General Davis remarked on the fact that
1t is fortunate that by reason Of the skill shown
in their 1.-THE troops'l employment occasion
,F
the statute
In view Of the fact that regular troops have
been employed since 1873 in many critical cases
and in places where public passion highly
infiamed, notably in the Cueur d'Alene mining
troubles. which have been referred to
precedent for government action in Goldfeld.
officers of the regular army are proud Of :he
fact that not one Of them has so far been legally
declared guilty Of an infraction of the posse
cor7itatus act Hence their desire to make sure
that the employment Of the troops at Goldheld.
II desired. shall he entirely within the limits of
the law
The following order was sent to the command
ing officer Of the troops now At Goldfeld to-day
by direction Of the President:
The troops are not sent 10 take the part OF
either side in 4 purely industrial dispute, as
long as il IS kept within the bounds or law
and order. They to be neither for nor
against the strikers or the employees. They are
to prevent riot violence and disorder, under and
IN accordance with the Constitution and the
laws Of the land. No man is to be interfered
with as long as he conducts himself in peace
fci and orderly manner
The statement was made at the War Depart
nlent that there intention Of withdraw
ing the troops from Godield. Notwithstanding
tho sending OF the commission The troops. ac-
cording 10 the depa rtment, will be kept at Gold
field as long as the commanding officer deems
ther presence necessary for tilc maintenance Of
order.