Arizona republican., 1913-06-12
EVERY PUNISHMENT
 BUT CAPITAL
Constitution of State is Ignored Except ill Inflic- tion of Death Penalty and Military Court Reigns Supreme
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ASSOCIATED Et.tSS blSfFN 'ii
 CHARLESTON. June 11-War time in the coal strike regions of West Virginia was described before the senate investigationG committee to- day.
 Two members of the military com mission. which they said had as sumed absolute control over hum dred and fifty square miles of Nest Virginia territory. testified this after noon They were Captain Charles F. Arorgen. a lawyer. and Major James l. Pratt. who IS president of the second military court took charge o+ the strike district Both told the committee that their proceedings were conducted without regard to the civil laws of the state. that they ar rested. arraigned. tried and con yicted offenders in the strike zone without recourse 10 the process of evil courts. and they imposed sen tenc.s without regard to the lmita- tione imposed by the statutes Of West Virginia.
 We considered the strike district iu q state of actual warfare. said Morgan. and acted according to the lrecedure of the United states army in q time~of war"
 But the constitution of the state provides" interjected Attorney Mno- nett for the miners" that the mill- tarv shall be subordinate to the civil power, and that no citizen, unless ,nEuged in the military service ot the state. shall be tried or punishet by any military court for any or eens4. CognizabIe by the civil courts ol the state.
 My understanding was" replied Morgan. that during the state oI ineIrrection which prevailed. the constitution of the state of West Fir- efnia was suspended by the acts o- these men who were burning, killing and destroying property
 You believed the constitution had heen sllspended?" demanded Senator Porah.
 Yes" replied the officer. that is, we believed these men had suspehc- cd the constitution and in order to r,erneruate the state of West Nir- ',;nia and restore the constitution, we were Justified in using extreme measures.
 Morgan declared that the military commission believed it's authority was unlimited under the general order oI Governor GlasscOck. which provided that the military commission IS substituted for the criminal courts ir the district covered by the martlai law proclamation and that all of lenses against the civil laws, as theH existed prior to the proclamation oi November 15, 1912. be regarded as offenses under the military law ana in punishment therefor, the military commission can impose such sen tences. either lighter or heavier than those imposed under civil law, as m he merit"
 Both Morgan and Pratt asserted that the commission did not feel itself limited by any statutory provi- sion regarding the punishment of of- fences and Major Pratt gave seV- eraI instances of sentences imposed by the commission, exceeding the statutory punishment.
 A dozen pictures of men, clad ln prison clothing. with their heads shaved, Were identified by Major Pratt as men sentenced by the mill tary commission and sent to jail. one was given sentence of seven ana one-half years for perjury, and sev- craI others were given three. four and five years for interfering with officers
 Was there an indictment or other civil process presented against these
 
 mcn?" asked Borah.
 No answered Pratt. They were arraigned on charges and specified ton prepared by the judge advocate general"
 Senator Borah elicited the state ment that Captain Morgan as law yer believed that there was no ap- peal from the decision of the com mission. if approved by the governor except to the supreme court of tho United States.
 Then q man did not have to com nit statutory offense to make him self amenable to the action of you1 ccmmission?" asked Attorney Mon net.
 ''No.''
 You could arraign him for any thing that in your estimation was a1 effense2r
 "Yes, except the governors pro clamation specified statutory offenses
 Senator Maritime ascertained tha after the commission had heard tn testimony in a case it went int secret session. executed the Seale' findings after the manner of yer dict and sent them to the governor
 Then the poor devil did not knov what you had done with him unti
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