United labor bulletin., 1913-06-21
Speaks in U. S. Senate
on Kern Resolution
TO Investigate.
State Martial Law Only Legal
in Case of Invasion or In
surrection.

In discussing. the Kern resolution to
provide for an investigation OF the
coal mining situation in West y;r-
ginia, Senator John f. shafroth com.
pared conditions In that state to those
fI Colorado during the Peabody admin
istrafion. The dissenting opinion re-
ferred to was that OF Justice Steele.
In view OF the great interest taken
by the working people OF Colorado in
this question. the Bulletin prints the
remarks OF the senior senator as they
appeared in the Congressional Record
as follows:
Mr.. President, l did not expect to
say anything upon this resolution, al
though was upon the committee to
audit and control the contingent ex-
penses OF the Senate, to which this
resolution was first referred; but we
have had condition in the state OF
Colorado which somewhat resembles
the situation in West Virginia, and I
want to say a few words with rela-
ton to II and to make n suggestion
to the committee as to the inquiry that
is proper and should be made.
There was declaration of martial
law made by the governor OF the state
OF Colorado about ten years ago. 1t
was contended upon the part OF many
OF the people that there was no justi-
fication whatever for Il. In my judg-
ment there was none. A case involv-
ing that question was taken to the
Supreme Court OF the state and II
held. similar to the decision OF the Su-
preme Court OF West Virginia. that
the declaration OF the governor was
supreme; that no matter II the causes
for the declaring of martial law dill
not exist. when he proclaimed them
so they did exist.
Decision Not Sound.
II do not believe that that decision
IS sound. but It received the concur
renee OF majority OF the judges upon
that bench. One Judge. however. de
livered a dissenting opinion which has
been considered classic. II has been
considered one OF the strongest deci.
sions ever rendered in our state.
"The difficulty that occurred then
was in the case of a strike. This dec.
laratIon was made upon representa-
tions to the governor. and from those
representations he declared martial
law. The result was that great In
debtedness was incurred. A bonded
Indebtedness OF the state OF Colorado,
to the amount OF $950.00 had to be
issued In order to liquidate the ex-
penses that were incurred by that gov
ernor.
''As to the difficulty In the proceed.
ure relative to the declaration OF mar
tial law. want to invite the attention
OF the committee. Gentlemen repre-.
senting large corporations appear be-
fore the governor and represent con.
,iition OF affairs which. though threat.
xuing to the peace and order OF So
ciety. do not justify a proclamation es-
tablishing martial law. Danger Of
great loss to life and property is de-
clared to be imminent and that delay
would be disastrous. The governor
often is not lawyer; he does not look
into the matter closely: he relies upon
the representations made. and under
such pressure he signs the document
that proclaims martial law over n
great part OF the state. Then II be-
comes almost impossible to remove the
troops and the order for martial law
until the strike is broken.
When Martial Law 10 Right.
The initial difficulty lies In the fact
that the governor has not looked into