The Washington herald., 1908-01-13

The report Of Messrs. Murray, Nell,
and Smith, the commissioners appointed
by President Roosevelt last month TO in
vestigate strike conditions in Nevada. and
10 advise him as to the need Of Federal
troops to preserve order in Goldfeld. was
made public yesterday. The commission
ers make little OF no criticism OF the
Western Federation OF Labor. but ars
rather severe on the mine owners and
the governor Of Nevada. In making pub
lie the report. President Roosevelt gives
a copy Of his latest letter to Gov. Sparks.
which bears date Of January 1, and Is as
follows;
Sir: have received the copy Of your
proclamation. dated December 80. 1861,
summoning the legislature. AS I have
notified you. the troops Will stay for three
weeks from the date Of this call, so that
the legislature can meet and opportunity
be given the State authorities TO take
efficient action for the preservation Of the
public peace in the exercise Of the police
/ powers Of the State. call your especial
attention to the telegram sent 10 you on
December Il by the Secretary OF State.
Action Clearly Defined.
This sets out what must be shown rs
a matter Of actual fact to exist in order
to warrant the President in acting on the
request Of the State authorities The ac-
tion must be either to suppress an in
suTTectfon which the State authorities are
unable TO suppress, or TO secure to some
portion or class Of the people Of the
State the equal protection OF tie laws 10
which they are entitled under the Con-
stitution Of the United States and which
is denied them. Action under this OF any
other section requires the production OF
evidence sufficient 10 sustain q judgment
by the President that the condition de-
scribed IN the statute exists. A mere
statement Of domestic disturbance. still
less a mere statement Of apprehension Of
domestic disturbance, is not sufficient,
, even though It comes from as high and
unimpeachable a source as the governor
of a State. Such a communication from
tho governor. or from the legislature,
warrants the President in taking imme-
diate steps TO put himself in readiness TO
act. in view OF the probability of oc-
CasiOns arising which will require hts ac-
tion. I accordingly sent the troops TO
Nevada on your request. and have now
directed that they be kept there pending
the assembling Of the legislature. Mean
while I sent out Assistant Secretary of
Commerce and Labor Lawrence O. Muir
ray. Commissioner of Corporations Her
bert Knox Smith. and Commissioner OF
Labor Charles P. Nell TO investigate and
report to me the actual conditions Of af-
fairs in Goldfeld.
No Warrant for Action.
I have just received a report from
these three gentlemen, which sets forth
in the most emphatic language their
belief, after a careful investigation on the
ground. that there was no warrant what
ever for calling upon the President for
troops, and that the troops should not
be kept indefinitely at Goldfeld. The re-
port further states that there was no
insurrection against the power OF the
State at the time the troops were called
for: that nobody supposed there was
such an insurTection. and that none OF
the conditions described in sections 5291-S-9
of the Revised Statutes as waTTantIng
interference by the Federal government
existed and that the effort was and is
plainly an effort by the State Of Nevada
TO secure the performance by the United
States Of the ordinary police duties which
should as a matter Of course, be per-
formed by Nevada herself. The report
further says;
State should Have Acted.
There is absolutely no question that
If the State of Nevada and the County OF
Esmeralda exercised the powers at their
disposal they can maintain satisfactory or,
der in Goldfeld that so far those author
tiles have done nothing but are relying
| upon Federal aid. and their attitude now
is that of expressly refusing 10 Go any
thing. and desiring 10 throw their own
burdens upon the Federal government for
the maintenance Of those elementary con-
ditions of order for which they. and they
only. are responsible.
THE signers of the report express their
conviction that the troops should re-
main in Nevada until the assembling Of
the legislature so as TO preserve the
status quo. IN order tnat the legislature
may deal with the situation as it exists.
but that shortly thereafter the troops
should be removed
Agrees with Report.
I agree with the recommendation OF
! this report, of which inclose a copy. and
! shall act accordingly. Unless il can be
shown that the statements Of the report
are not in accordance with the facts. Il
will be incumbent upon the legislature OF
Nevada, when it convenes, itself TO pro-
vide for enforcing the laws OF the State.
The State OF Nevada must itself make a
resolute effort in good faith to perform
the police duties incident 20 the existence
Of a State Sincerely yours.
THEODORE ROOSEVELT"
The report OF the commissioners is Of
/ great volume. Referring 10 the hearings
given by the commission in GOldheld, the
report says;
THE Mine Operators Association
through their counsel presented to US
general statement of their side of the
case, and. as they were the persons pTi-
marily desiring the coming and the re-
tention OF the troops. we informed them
that we would regard this written state
ment as analogous TO the plaintiffs
complaint in a court action, and that We
would at once call upon them TO make
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