Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1913-06-20
IRON HAND RULED
WEST VIRGINIA MINERS WE'RE
VICTIMS OF MARTIAL
LAW.
CIVIL LAWS WERE IGNORED
Military Officers Declare They 6elIev'
ed Constitution Was Suspended
and Were Justified In Strong
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
West Virginia had been tried and con-
victed in violation of the Constitution
and laws Of the United States"
Testimony was beard from two
members of tho 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 |. Pratt, who was
president Of the second military court
which took charge of the strike dis
trict.
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 to process OF
the civil courts, and that they Inn
posed sentences without regard to the
limitations imposed by the state civil
statutes.
I'VE considered that the entire
strike district was In a state OF actual
warfare" Captain Morgan said. land
we acted according to the procedure
Of the United States army in time OF
war.
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 offense that Is cogniza,
BILE by the civil courts OF the state"
my understanding was" Captain
Morgan replied, that during the state
Of ~insurrection which prevailed the
constitution OF the state Of West yir-
ginia had been suspended by the acts
Of these mon who were burning. kill
ing and destroying property"
You believed the constitution had
been s~uspended?" demanded Senator
Borah.
Yes. sir" replied the militia officer,
that Is, w 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 *
treme measures
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 lis sub
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 I'M
der the military law, and In 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 judy
ment the offender may merit"
Both Captain Morgan and Major
Pratt asserted the commission did not
feel itself limited by the statutory pro-
vAoAUAA A090Iu4u8 puulSuNlouI lOT Oh
lenses. and Major Pratt gave several
instances Of sentences imposed by the
commission exceeding the statutory
.puniahment.
"A dozen pictures Of men clad in
prison clothing were identified by
Major Pratt A. men who had been SEN
BY the military commisison and
sent to jail. One was given a SEN
tence Of seven and = half years for
perjury. several others were given
three. four and hve-year terms for sin
terfering with the officers"
Was there any indictment or other
civil PROCESS presented against these
menf" asked Senator Borah.
No" Major Pratt answered, they
arraigned on charges and spect-
incations prepared by the Judge advo-
vocate general