The daily banner. (Cambridge, Md.) 1897-2008, 1913-06-12
MINERS, RIGHTS
were IGNORED
Were RaiIroaded to Prison In
West Virginia
ONE MAN GOT I II YEARS
Military Men Considered State In War
fare and Admit They Took Power
Away From Civil Courts.

Military Men Considered State In War.
fare and Admit They Took Power
Away From Civil Courts.
Charleston, w. Va, June 12.-War
time rules in the coal strike regions of
West Virginia were described before
the senate mine investigating commit.
tee here.
After three military officers had de,
scribed conditions the committee ex-
pressed itself satisfied as to the charge
that "the citizens of West Virginia had
been tried and convicted in violation
of the constitution and laws of the
United States"
Two members of the military COM
mittee, which at three different times
have assumed absolute dominion over
some $50 square miles of West Vir-
ginia territory, testified. They were Cap
tain Charles r. Morgan, lawyer, and
Major James l. Pratt, who was presi-
dent of the second military court which
took charge of the strike district.
Both men told the committee that
their proceedings were conducted with
out regard to the civil laws of the
state; that they arrested, arraigned
and convicted offenders in the strike
zone without recourse to process of the
civil courts, and that they imposed
sentences without regard to the limita-
tions imposed by the statutes of West
Virginia.
I'VE considered that the entire strike
district was in a state Of actual war
fare" said Captain Morgan with sol
dierly frankness, "and we acted ac-
cording to the procedure of the United
States army in time Of war"
"But the constitution Of the state
provides" interjected Attorney Mon
nett, for the miners, "that the mill
tary shall be subordinate to the civil
power, and that no citizen, unless en-
gagged in military service Of the state,
shall be tried or punished in any mill
tary court for any offense that Is cog
nizable by the civil courts Of the
state
my understanding was" replied
Captain Morgan, that during this
state of insurrection which prevailed
the constitution of the state of West
Virginia had been suspended by the
acts of these men, who were burning,
killing and destroying property"
Captain Morgan declared that the
military commission believed that it's
authority was unlimited under the
general order issued by Governor
Glasscock
Both Captain Morgan and Major
Pratt asserted that the commission did
not feel itself limited by the statutory
provision fixing punishment for Of
fenses, and Major Pratt gave severa
Instances of sentences imposed by the
commission exceeding the statutory
punishment.
A dozen pictures Of men, clad In
prison clothing and with heads shaved,
were identified by Major Pratt as men
who had been sentenced by the mill
tary commission and sent to Jail. One
was given a sentence of seven and a
half years for perjury; several Others
were given three, four and f1ve-year
terms for interfering with officers"
''Was there any indictment or other
civil process presented against these
men?" asked Senator Borah.
NO." answered Major Pratt; they
were arraigned on charges and specifi-
cations prepared by the judge advocate
general"
Senator MARITIME ascertained that af-
ter the commission had heard the tes
timony in a case 1t went into secre1
session, executed sealed findings after
the manner of verdict and sent them
to the governor.
"Then the poor devil did not know
what you had done with him until he
was gobbled up and carted away to
the penitentiary," suggested the New
Jersey senator.
"That's right" answered Captain
Morgan, and the spectators smiled.
It was developed that as many as
forty-nine accused mem were tried at
one time by the commission.
'T think the committee has about
as complete testimony on this branch
Of the inquiry as necessary" remark
ed Senator Borah. "The statement of
facts seem full and complete"