The Birmingham age-herald., 1913-06-12
REIGN OF MILITARY
RULE IN THE STRIKE
REGIONS DEPICTED
West Virginia Military Men
Testify Before Senate
Committee
STRIKE DISTRICT IN
STATE OF WARFARE
Captain Morgan Explains Taking of
Civil Law Entirely Into Hands of
Military Authorities-Other
Testimony

Charleston, w. Va, June 11.-War time
rule in the coal strike regions of West
Virginia were described before the SEN
ate mine investigating committee here
today, and after three military officers
had described conditions the committee
expressed itself satisfied as to the charge
that the sense of the West Virginia
had been tried and convicted" in viola
tion of the constitution and laws of the
United States
Two members of the military commits
sion which at three different times as
sumed absolute dominion over some 150
square miles of West Virginia territory,
testified this afternoon. They were Cap
tain Charles r. Morgan, a lawyer and
Major James /. Pratt, who was pres
ident of the second military court which
took charge of the strike district. Both
told the committee that their proceed
ings were conducted without regard to
the civil laws of the state: that they ar
rested, arraigned, tried and convicted
offenders in the strike zone without re-
course to process or the civil courts and
imposed sentences without regard to the
limitations imposed by the statutes of
West Virginia.
State of Actual Warfare
1--WE considered the entire strike dis
triot was In state of actual welfare"
said Captain Morgan with soldierly
frankness. "and we acted according to
the procedure of the United States army
In time of war"
My understandingfwas' said Captain
Morgan, that dudhg this state of in
surrection which prevailed the constitu-
ton of the state of West Virginia had
been suspended by the acts of these men
who We're burning. killing and destroying
property We believed these men had
suspended the constitution, and that in
order to perpetuate the state of West
Virginia and restore the constitution we
were justified in using extreme meas
ures."
Captain Morgan declared ttiac the mill
tary commission believed its authority
was unlimited under the general order
issued by Governor Glasscock. which pro-
vided tile military commission sis sub
sttuted for the criminal courts of the
district covered by the martial law proc
1amation and all offenses against the
civil laws they existed prior to tho
proclamation of November IS, 1912 shall
be regarded as offenses under the mill
tary law, and in punishment therefore
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 Captain Morgan and Major Pratt
asserted that the commission did not feel
itself limited by the statutory provision
fixing punishment for offenses, and Ma
ior Pratt gave several instances of SEN
fences imposed by the commission ex.
ceding the statutory punishment.
A dozen pictures of men, clad i'm
prison clothing and with heads shaved,
were identified by Major Pratt as men
who had been sentenced by the mil
itary 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 five-year
} terms for interfering with officers"
No Indictments
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 speci-
fcations prepared by the judge advo-
cate general"
Senator Borah ELECTED that Captain
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.
You could arraign a man for any,
thing that, in your estimation was an
offense?" asked Attorney Monnet
"Yes, except that the governors proc
lamation specified Statutory offenses"
Senator MARITIME ascertained that af
ter the commission had heard the tes
timony in a case it went into secret
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 awav To
the penitentiary?' suggested the New
Jersey senator.
"That's right answered CAPTAIN
Morgan. and the spectators smiled.
1t was developed that as many as
40 accused men were tried at one time
by the commission.
"There was no opportunity given
man to secure a new trial on the dis
covery of new evidence. no opportunity
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