New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-28
RISKS Estate RIGHTS"
IN PEONACE INQUIRY
Senate Sanctions Investigation,
Despite Some Members
SCrupIeS.
POOT HITS STRAIGHT OUT
Thinks Issue Is Fourteenth
Amendment and Nothing
Less-Reed Pillories
Hatfield.
Irrom The rrIburc Bureau J

Washington, May with much re-
luctance on the part Of Southern sena-
tors. who looked with misgivings on the
establishment Of a precedent authorizing
the Investigation by federal authority OF
matters under the Jurisdiction Of states,
the Senate adopted tonight without seri-
Gus objections the Kern resolution direct
ing that an investigation be made into
conditions in the Paint Creek coal dis
trict, West Virginia.
Senator Bacon offered an amendment
10 strike out the paragraph basing the
investigation on the ground that the
Constitution had been violated in the
trial and conviction of citizens. This
was lost by a vote Of 10 10 80 Both SEN
ator Bacon and Senator Stone question
the right of tho federal legislature TO
scrutinize the acts Of a state govern
ment. but the preponderance Of opinion
in the Senate seemed to be that this was
, the main reason for making the inquiry.
Senators Borah and Root. urging that
the investigation be made. adopted the
/ latter view
Their action" said Senator Root, re-
/ ferring 20 the officials Of the State of
I Virginia. has been challenged on so high
authority and on such an array OF facts
| that the Senate owes II 10 the country to
/ make this investigation on the charge
| that the Constitution has been violated
/ the Fourteenth Amendment. The question
| rises above the interests OF the people OF
/ West Virginia. II involves the guaranty
! Of liberty under the federal Constitution
I There had been furnished in West Vir'
| Ciuia. Senator Root continued. ground'
| upon which the question might well %
/ considered whether legislation should MOI
/ be enacted 10 draw around state ofhcer'
/ limitations in the suspension Of consttu'
/ tionaI guarantees He suggested that II
might be found necessary 10 invest the
J Department OF Justice or the president
/ with authority 10 take the initiative n
scrutnizing acts Of the kind alleged =
/ have been committed I'm West Virginia II
order 10 protect the weak citizen IN MS
/ rights coming down from the Magma
/ Charta and embodied In the Constitution
Senator Borah maintained that. asiae
/ from any other good that might result
/ the Senate might obtain inforna'lo'
/ which would lead 10 legislation more Ger
ta.nly 10 protect the rights and liberty o'
/ the individual Senators Reed and SUN
. srland also spoke FOR the Kern resolution
! The Governor Of West Virginia struck
T M the foundation Of human liberty de-
+ cra-od Senator Reed. discussing the es'
enlistment OF martial law and the triaI
~ citizens in a military tribunal IN
stoad Of standing upon a pedestal. as
/ have heard II said on this floor, he STANDS
[ IN the pillory. and in my opinion No VIII
stand there as long az men revere noer'y
/ In West Virginia
Senator Reed severely criticised the
supreme Court Of Appeals OF West VIZ
rinia. which upheld Governor HATFIELD
and the military tribunal. IL say ne
continued. there never fell from George
| III or any Of his ministers, there never
Was written I'm the Infamous reign OF
Charles n. a doctrine more destructive
~ human liberty and OF all law and
order than the doctrine We are now con-
fronted with n IL doctrine 50
rnonstrous that II shocks the conscience
and appals the Judgment Of every man
/ who loves his country
The Education and Labor Committee viii
/ meet probably tomorrow to begin the
/ work Of investigation.