The Detroit times., 1913-06-11
MIME PROBE PROVES
BAD CONDITIONS


any time, he swore and we're trying
eases at the very moment when the
military organizations commissioned
by the governor stepped in and super
seeded them. And he emphasized what
has been the chief contention OF those
who assert that the state officials have
resOrted 10 anarchy to aid the coal
barons In their effort to stamp out
unionism in the affected district.
Only one witness was examined
last nigft He was J. Bruce Reid. q
newspaper correspondent, and he
threw little light on the subject as
his memory was admittedly poor and
most of the story he told was a recital
OF hearsay statements and declara-
tons that the attorneys for the min
ers expect to prove by direct testi-
mony later on.
One thing he told, however, will
be thoroughly investigated by the
senate inquisItors. This was that
man named Frank Nance, who
cursed q captain Of the militia,
was arrested 10 days after that
offense we committed, and after
martial law had been declared.
was tried on the charge Of inter
fering With an officer In the de
charge Of hIs duty, although at
the time If the offense the civil
authorities were In control. Nance
was sentenced to seven years.
He was later turned loose by the
governor, however.
There Is much friction between both
sides. The bitter feeling engendered
by the years struggle Is at all times
In evidence.
The senate committee realizes there
is an ever present danger In this.
Chairman Swanson has made 1t very
plain that he expects the attorneys
to hold their forces in check. Per
sonalities must be kept out of the
hearings, he has said. Yet the very
fact that it is really the state of West
Virginia that Is on trial, has com.
plicated the entire situation. When
Senator Borah read into the record
the extracts from the state constitu-
ton which he insisted were the real
bottom OF the case, the attorneys rep
resenting the mine owners and the
state officials present whispered In
conference. But they did not openly
object
Today it developed why this was
so. The state constitution Is the
most liberal of any OF the states. In
West Virginia the process Of habeas
corpus cannot be suspended. At the
time Of the separation OF West Vir-
ginia from Virginia, this was written
into the new state constitution be-
cause of unwarranted arrests. And
now that provision has emerged from
the dust TO embarrass capital as rep
resented In the mine owners OF the
commonwealth.
Violations Already Proven.
The record Of the present inquiry
shows positively that the provisions
of the federal constitution apply to
the state at large; that the writ Of
habeas corpus shall not be suspend
ed that there shall be no depriva-
ton OF liberty or property without
due process OF law: that the military
processes shall be subordinate TO the
civil jurisdictions that all persons
accused OF crimes shall be granted
the right of trial by jury OF IL and
that all trials shall be in open court
and subject to public scrutiny.
A mass of evidence has been devel-
oped to show that every single pro
vision Of the constitution so enumer-
ated was violated by the state OH.
Gals. he military courts condemned
men and women as they pleased
Prison sentences were meted out and
when recourse was had to the habeas
corpus procedure the persons serving
Jail and penitentiary sentences we're
turned loose without any records be-
ing kept because the officials respon-
sible had no defense to make.
Justification Is the plan OF the mine
owners. In lengthy answers pre-
sented to the committee, the mine
owners as a whole set up a plea OF
not guilty to the indictment framed
against them by the miners and their
answer upheld by the state authori-
ties. The United Mine Workers are
attacked as responsible for the entire
situation.
The various alleged assaults, be-
ginning with May 90, 1912, are then
enumerated at length, the miners be-
ing blamed by the company lawyers
for them. SPECIFIC and positive de-
NAL ia then made by the mine own
ers that peonage exists In the nelds
and that there has been any Interior
ence with postofflce facilities. Re-
sponsibility for the martial law Is
placed on the shoulders OF Cows.
Glasscock and Hatfield, although
their action Is defended; the United
Mine Workers are alleged to be In
conspiracy against West Virginia
In favor OF other coal fields: the I'M
portation OF firearms Is declared TO
have been carried on entirely by the
United Miners: and the mine guard
system Is defended at great length.