Arizona republican., 1913-06-11
Power and Authority of the
 United States Govern ment to Determine Who
 Was Responsible for Con dition of Virtual Civil War
RECORDS ARE
 ASKED FOR
Judge Advocate and Other Martial Law Officials Are Summoned to Tell of the Military Committee and Its Work

ASSOCIATED PRESS D1sPArcHl

A
 CHARLESTON. June 10-The power and authority of the government of the United States came to West Virginia today to determine who was respon- sibIe for the conditions that kept the state in q virtual civil war for more than q year. The opening investigation of the coal mines strike, which dealt death and destruction in the Paint Creek and Cabin Creek mining sections, began when the senate committee called tonight on the military autnOri- ties for the records of proceedings prior to and under the declaration of mar tial law in the strike territory.
 Judge Advocate General George $. Wallace, Adjutant General Charles D. Elliott. Major James I. Pratt, Captain Charles E. Morgan and Captain Samuel L. Walker were summoned before the committee to produce state records re- garding the declaration of martial law and the proceedings of the military committee which was placed in author ity in the strike district. Senator Bo- rah of Idaho desired their testimony and their records as a basis Of d branch of the inquiry which he is conducting on the charge that citizens were ar rested, tried and convicted in viola tion of the constitution and law of the United States"
 BOrah at the brief session of the committee this afternoon, read into the record several excerpts from the con- stitution of West Virginia The first provision declaring that the constitu ton of the state and the United States shall always be in effect. The second declared that under no circumstances ic ric # I, Third the usual provision that no citi- zens shall be deprived of life, liberty or property without the due process of law. The fourth set forth that mih- tary authorities do not supercede civil powers even under the plea of neces- sity. another provided for trial by jury in open court for all criminal offenses- Former Governor GlasScock who was in office when the strike began and who declared martial law in the dis trict, will appear before the committee on Thursday. He sent a telegram to the committee today offering to tes- tify
 Two lengthy preliminary statements were filed with the committee by the attorneys for the operators. The first was filed for the operators generally and second for the Paint Creek collier ies company. Both were pleas of moi guilty and both denied in detail the charges made in the resolution adopted by the senate authorizing the inquiry
 The operators in their brief made z counter charge against the united mine workers of America and their attemp to organize the coal miners in thu West Virginia field. as responsible fo the violence which characterized th' strike
 We know of no system of peOnag and believe that none exists or ha been practiced in the fields. They sai the brief investigation of the depart nent of justice found no such syster was held. Specific denials were mad that the postal service was interfere with or that the immigration laws ha been violated or rights of citizens vio lated.
 On the question of trials of citizen under the martial law the brief de tended former Governor Glasscock i declaring martial law and Governc Hatfield for continuing it. the pro ceedings of martial law the brief hel were declared legal by the supren court of appeals of the state. TT operators declared that except to prov conspiracy exists in which the unite mine workers were the active parti' in diminishing the competitive abilit Of the West Virginia coal market f. the double purpose of decreasing u quantity of West Virginia coal to
 competitive market and increasing Il prices of coals to compete in the We Virginia field there in the troubles
 the Paint Creek and Cabin Creek fiel
 were the direct result of such co
 spiracy in the efforts of the unit
 mine workers to carry out the same