Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1913-06-18
iron HAND RULED |. !:
WEST VIRGINIA MINERS WERE
VICTIMS OF MARTIAL
LAW. sEGsE
CIVIL LAWS WERE lGN0 RED
Military Officers Declare They 7elfev-
ed Constitution Was Suspended
and Were Justified In Strong
s5 Measures.

Charleston, W. Va, June 13.-Mar-
tial law in the coal strike regions OF
West Virginia were described before
the senate mine investigating commit
tee Wednesday. After three military
officers had described conditions the
committee expressed itself satisfied as
to the charge that "the citizens of
West Virginia had been tried and con-
victed in violation Of the Constitution
and laws Of the United States"
Testimony was heard from two
members Of the military committee,
which at three different times has as
sumed dominion over $50 square miles
Of West Virginia territory. They
were Capt. Charles R. &Morgan' a law,
yer, and Maj. James I. Pratt, who was
president Of the second military court
which took charge Of the strike dis
trict. /. ri (.
Both told the committee that their
proceedings were conducted without
regard to the civil laws OF the state;
that they arrested, arraigned, tried
and convicted offenders In the strike
zone without recourse to process OF
the civil courts, and that they Inn
posed sentences without regard to the
Limitations imposed by the state civil
statutes. Z 3s
'''We considered that the entire
strike district was in a state OF actual
warfare, Captain Morgan said. and
we acted according to the procedure
OF the United States army in time OF
war
3. X But the constitution Of the state
provides" Attorney, Monnett, for the
miners, interjected, that the military
shall be subordinate to the civil pow.
er and that no citizen. unless engaged
in military service OF the state, shall
be tried or punished in any military
court for any, ofrense that is cogniza.
BILE BY the civil courts Of the state. :
my understanding was 3, Captain
Morgan reptile ~ that during the state
OF Instruction which prevailed the
constitution OF the state Of West Vir.-
ginia had been suspended by the acts
Of these men who were burning, kill
ing and destroying property
81 gu believed the constitution had
been suspended g" demanded Senator
Borah. b s. 81 53 4 sl.5 sf5 Z. u I'm
es, SIR, replied the militia officer,
that u.s.: we believed these men had
suspended the constitution and that,
In order to perpetuate the state Of
West Virginia and restore the consti-
tuition, we were justified in using ex.
IRENE measures a Y,
Captain Morgan said the military
commission believed it's authority was
unlimited under the general order is-
sued by Governor Glasscocok, which
said the military commission SIS sub
stituted for the criminal courts of the
district covered by the martial law
proclamation, and all oHenses against
the civil laws, as they existed prior to
the proclamation OF November Is,
1912, shall be! regarded as offenses un.
der the military law, and lin punish.
ment; therefor the military commits
sion can impose such sentences, either
lighter, or heavier than those imposed
under the civil law, as IN their judg-
ment the offender may merit"
Both Captain Morgan and Major
Pratt asserted the commission did not
feel itself limited by the statutory pro-
vision regarding punishment for Of
lenses, and Major Pratt gave several
instances Of sentences imposed by the
commission exceeding the statutory
punishment.
"A dozen pictures OF men clad in
prison clothing were identified by
Major Pratt as men who had been SEN
fenced by the military commission and
sent to jail. One was given a sen
tence Of seven and a half years for
perjury, several others were given
three, four and five-year terms for In
5terfering with the Officers"
'Was there any Indictment or other
civil process presented against these
men? ?" asked Senator Borah. ss@:
No. Major Pratt answered, "they
were arraigned on charges and speci-
hcations prepared by the judge advo-
vocate general" X,