Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-11
BASIS Of ORDER
FOR MARTIAL LAW
First Question Considered by
Senate Subcommittee in
West Virginia.
PROBE OF CONDITIONS
IN STRIKE TERRITORY
Counsel for Mining Companies Out
line Their Case-Former Repre-
sentative Gaines Testifies.

lHARl1ESIo y. w. va. June IL
When the Senate subcommittee arrived
here esterday to take up the investiSa-
ton of the mine troubles in Paint and
Cabin Creek districts, the city and sur
rounding country was as quiet and peace
full as New England village. The sena-
tors recalled efforts of attorneys z. I.
Vinson and c. c. Watts, the operators
counsel. when they tried to dissuade the
committee from coming to Charleston at
a hearing last week. and smiled broadly
at intimations that the senatorial advent
into the strike territory would cause fur
Their trouble and probably result in re-
newal of violence.
Senator Swanson. chairman of the COM
mittee was the only member of the com
mittee to comment on the situation say
ing: Il guess this committee, the SER
geant-at-arms and the newspaper report
ers will be bile to take care of any rough
work that happens their way
Probe of Martial Law Order.
With hte basis of their inquiry firmly
laid the members OF the commission to-
day proceeded to lay bare the processes
by which the civil courts We're stripped
of their power and more than 100 square
miles of West Virginia were placed I'M
der martial law. Senator Borah of Idaho
took charge of the inquiry. under that
section of the Senate resolution directing
"a probe of the charge that citizens had
been deprived of their rights under the
Constitution.
The military officers who were con-
cerned with the proclamation of martial
law in the strike district and with the
administration of affairs there under mar
tial law, whom the committee summoned
yesterday, were the first witnesses to be
called today. Their records were needed
to make clear the procedure followed by
martial law. Judge Advocate General
George Wallace, Adjt. Gen. Charles ID.
Elliott, Maj. James \. Pratt, Capt.
Charles Morgan and Capt. Samuel L..
Walker were on the list of witnesses.
An Impromptu Witness.
Former Representative Joseph II.
Gaines, an impromptu witness, furnished
the committee with the testimony which
will form the basis of the investigation
with regard to the superseding of the
civil authority by the military forces Mr..
Gaines detailed to the committee the jul
dicial institutions of West Virginia, show
ing that three courts, the courts of the
justices of the peace, the intermediate
court and the circuit court, had jurisdic-
ton over all offenSes committed in the
Strike zone. lie Sdiu lildt tHlouSftDul
period when the military tribunal in
charge of the strike district these courts
were open and were conducting their
business.
Then there was no reason why those
me harvested i'll the strike zone should
have been brought to Charleston or taken
before any justice of the peace in KAN
awha county and tried?'i asked Senator
Swanson.
None that l can See answered Mr..
Gaines.
The big corps or attorneys representing
miners and mine owners accepted Mr..
Gaines testimony as an accurate state
ment of the judicial conditions in West
Virginia throughout the period when the
military authorities ruled the strike
zone He made clear that even though
the courts in the strike district itself
might have been unable to act there
were courts outside of the affected zone
which were clothed with ample jurisdic-
ton to try all of the cases arising out OF
the strike disorder
Conditions in Strike Zone.
Adjt Cen Charles b. Elliott of West
Virginia, who was in command of the
military in the strike zone, was the
first witness called today. He was ex-
amined at length as to the dates on
which the various periods Of martial
law began. Gen. Elliott presented copies
Of the requests of the sherifs of Kama
VIVA Raleigh and Favette counties for
military aid and the various orders of
former Gov. Glasscock establishing
martial law and placing the military
in full charge of the strike zone
Under examination by Senator Borah,
Cen Elliott described the trial of Of
tenders by the military court after the
civil courts had been superseded. He
furnished copies of the orders of the
commission in a list of cases disposed
Of
Mine Guards Punished.
The documents produced by Gen.
Elliott showed ffty-one men sentenced
by the military court. Private E. l..
Long tried for the murder of Ira Ridd,
was acquitted by the court. Robert
Hartigan, a mine guard, charged with
doing police uuty as a nonresident of
the state, was senteAced twice, accord
ing to the list, each time to pay a fine
prison. In another similar case a guard
was fined 500 and sentenced to sixty
days. Other sentences shown on the
list We're: For intimidation of work
men," thirty-two prisoners. six months
each
Other cases shown to have been dis
posed of were:
Carrying concealed weapons two
prisoners. one day; five prisoners, six
months: one prisoner, 81 900 fine and
one year. one prisoner. one year; carry
ing steel knuckles. one prisoner. fine $50;
unlawful stabbing, two prisoners.
penalty. one year; false statement to
officers, one prisoner. thirty days: dis
orderly conduct, one prisoner. three
months: larceny, one prisoner, $40 fine
and ten days.
Altogether the list accounted for all
but two cases under the martial law
last fall the first martial law period
These two cases were marked missing
from the files.
Mother JONES'" Strike Leader.
In the midst Of the groups of lawyers
representing the miners. headed by Frank
S. Monnett. former attorney general OF
Ohio sat Il gray-haired, stout old wom-
an. with sparkling gray eyes. swapping
from beneath heavy brows, who watched
every witness with intent gaze. She was
Mother Jones, leader OF the striking
miners, but lately come from the bull
pen of the military court and she di-
rected the questioning of astute lawyers
to the points of the miners case as she
had watched it develop in her two years
i'm the coal fields of the state. Mother
Jones will herself be called as one of the
star witnesses of the miners later in the
investigation.
The committee today planned to make
a flying trip into the strike territory to
see conditions for itself. special train
will be taken from Charleston through
coal fields. Senator Swanson believes that
one days work in the mining district will
give the committee all he local color
IL dc