The Birmingham age-herald., 1913-06-11
Examine Records of Pro-
ceedings Prior to Declara-
ton Of Martial Law
MINE OPERATORS
ARE UNPREPARED
Lengthy Preliminary Statements Filed
With COmmittee--Both Are Pleas
of "N0t Guilty" and Deny in
Toto the Charges Made

Charleston, w. Va, June 10.-The
| power and authority of the government
came to West Virginia today to deter
mine who is responsible for the condi-
tions which have kept the state in vir-
tuai civil war for more than a year.
Opening the investigation of the coal
mine strike which has dealt death and
destruction in the Point Creek and Cabin
Creek mining sections, the Senate mine
strike investigating committee tonight
called upon the military authorities for
the records of the proceedings prior to
and under the declaration of martial law
| in the strike territory.
Judge Advocate General George S. Wal
| lace, Adjutant General Charles d. Ell
| lott, Major James I. Pratt, Captain
Charles r. Morgan and Captain Samuel
l.. Walker were summoned before the
committee this evening to produce the
state records regarding the dec
laration of martial law, and the proceed
ings of the military committee which
was placed in authority in the strike dis
trict. Senator Borah of Idaho, desired
their testimony and their records as the
basis for the branch of the inquiry
which he is conducting as to the charge
| and convicted in violation of the consti-
| tuition and the law of the United States
Records of Excerpts
Opeing his case under the section of
| the Senate resolution authorizing the in
vestigaton which directs an inquiry into
| this subject Senator Borah. at a brief
session of the committee this afternoon,
| read into the record several excerpts
from the constitution of West Virginia.
| The first was the provision declaring
that the constitution of the state and of
| the United States shall always be in ef-
feet. The second provision declared that
under no circumstances shall the right of
habeas corpus be denied. The third was
the usual provision that no citizens shall
be deprived of life, liberty or property
without due process of laws. The fourth,
set forth that the military authority shall
| not supersede the civil powers, even un-
der the plea of necessity, and others pro-
vided for trial by jury in open court
for all criminal offenses
| The activities of the state authorities
| In connection with the strike Will be probed
| by the committee, in view of these consti-
| tutional guarantees, and the charge that
| the mine workers have not been ac-
corded their full rights will be investi-
| gated with these provisions in mind.
Formidable Counsel Array
| operators nor the workers were prepared
| to begin the examination of witnesses
| when the committee opened its hearing
| this afternoon, and the first witness was
not called until the committee met to-
night. A formidable array of counsel
was on hand, however.
Two lengthy preliminary statements
| were filed with the committee by attor-
neys for the operators. The first was
| filed for the operators generally, and the
| second for the Paint Creek Colleries COM
| pany. Both were pleas of mot guilty.
and both denied in detail and in toto
the charges made In the resolution passed
| by the Senate authorizing the inquiry
| The operators In their brief made the
counter charge that the United Mine
Workers of America, In its attempts to
organize the coal mines in the West
Virginia field was responsible for the
violence which has characterized the
| strike.
| I'VE know of no system of peonage
| and believe none exists or has been prac-
ticed in the fields,' said the brief. An
investigation by the department of JUS
| tice found no such system. it held. Spe-
cific denials We're made that the postal
| service had been interfered with. that
/ the immigration laws had been violated
and that the rights of citizens had been
violated.
l
zens under martial law the brief defend
ed former Governor Glasscock for de-
| caring martial law and Governor Hat
| field for continuing it.
| Situation Terrible One
| 1.-THE situation confronting the governor
| on September 2, 1872" said the brief, was
| a terrible one; rarely since the days of
| 1861-65 has the executive of an American
state had to face and act under similar
circumstances"
| The proceedings under martial law. the
brief held, had been declared legal by
| the supreme court of appeals of the state.
| The operators declared they expect to
prove that a conspiracy exists in which
| the United Mine Workers are the active
parties for diminishing the competitive
ability of West Virginia coal in the mar
ket and that the troubles in the Paint
| Creek and Cabin Creek fields ARE the
direct result of such conspiracy.
The operators declared they also ex-
pect to prove that firearms and ammu-
| milton was brought into the state for use
| in acts of 1awlessness and violence de-
| signed to keep the Paint Creek and Cabin
| Creek mines idle until the United Mine
| Workers of America should be recognized.
The statement presented by the Paint
Creek Coleries company made similar
denials and similar charges.
/ The committee called on Governor Hat
! field who said he would aid the investi-
| gators in any way possible, and expressed
a desire that the investigation be full
and complete.
| Former Governor Glasscock will ap-
pear before the committee on Thursday.
~-1GUONY on TTIrN