Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1913-06-13

l. 1NlJ VIZ " 40 pI CO1IlCllI Vi lllC oCC-
end military court which took charge
of the strike district. 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 Offend
ers in the strike zone without recourse
to process of the civil courts and i'm
posed sentences without regard to the
limitations imposed by the statutes of
West Virginia
eve considered the entire strike dis
trict was in state of actual warfare"
said Capt. Morgan, "and we acted ac-
cording to the procedure of the Unit
ed States army in time of war;
"My understanding" said Capt. Nor
gan, "was that during this state of
insurrection which prevailed, the con-
stitution of the state of West Virginia
lad been suspended by the acts of
these men who were burning, killing
and destroying property. We believed
these men had suspended the consti,
tuition and that in order to perpetuate
| the state of West Virginia and restore
the constitution we were justified in
using extreme measures"
Capt. Morgan declared that the mill
tia commission believed it's authority
was unlimited under the general order
issued by Gov. Glasscock which pro
vided the military commission "is SUD
stituted for the criminal courts of the
district covered by the martial Law
proclamation and all offenses against
the civil laws, as they existed prior to
the proclamation of November Is, 1912,
shall be regarded as offenses under
the military law, and in punishment
thereof the military commission can
impose such sentences either lighter
or heavier than those imposed under
the civil law, as in their judgment the
offender may merit"
Both Capt. Morgan and Maj. Pratt
asserted that the commission did not
feel itself limited by the statutory
revisions fixing punishment for Of
lenses and Maj. Pratt gave several in
stances 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 Maj. Pratt
as men who had been sentenced by
! the commission One was given a
sentence of seven and a half years for
perjury, several others were given
three, four and five year sentences for
interfering with officers"
Senator Borah ELECTED that Capt
Morgan, as a lawyer, believed there
was no appeal from the decision OF
the commission if approved by the gov.
ernor, except to the supreme court OF
the United States.
Senator MARITIME ascertained that af-
! ter the commission had heard the tes-
timony in cases it went into secret ses-
sion, 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 carried away to
the penitentiary?" suggested the New
Jersey senator.
"That's right" answered Capt. Nor
gan, and the spectators smiled. Adjt
Gen. Chas. D. Elliott had occupied the
morning session and part of the af-
ternoon. Last night Senator Borah
took up witnesses produced by the
mine workers to testify as to charges
that peonage obtains in the Paint
creek and Cabin creek sections. The
inquiry will continue for several days
with the work divided among members
of the committee.