Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-06-12

HELD ABSOLUTE DOMINION
Findings when Approved by
Governor of West Virginia
Did Not Admit of
Any Appeal.

Any Appeal.
Charleston, w. Va, June ll.--War time
rule in the coal strike regions OF West
Virginia was described before the Senate
Investigating committee here to-day.
After three military officers had described
conditions, the committee expressed itself
satisfied as to the charge that the citi-
zens Of West Virginia had been tried ana
convicted in violation of the constitution
and laws Of the United States"
Two members Of the military commit
tee which at three different times has
assumed absolute dominion over some 80
square miles Of West Virginia territory
testified this afternoon They were Capt
Charles r. Morgan, a lawyer, and Major
james !. Pratt, who was president of the
second military court which took charge
of the strike district. Both told the com
mittee that their proceedings We're CON
Quoted without regard to the civil laws
of the state; that they arrested, arraign-
ed, tried and convicted offenders in the
strike zone without recourse to process
Of the civil courts and they imposed sen
tences without regard to the limitations
imposed by the statutes of West Viz
ginia.
"Wc considered the entire strike dis
trct was in n state of actual warfare"
said Captain Morgan. "and we acted ac-
cording to the procedure of the United
States army in time OF war"
You believed the constitution had
been suspended" asked Senator Borah.
Yes, sir" replied Captain Morgan,
that IS we believed these men had sus-
pended the constitution and that in order
to perpetrate the State of West Virginia
and restore the constitution we were JUS
tihed in using extreme measures"
AUTHORITY WAS UNLIMITED.
Captain Morgan declared that the mill
tary commission believes that its author
ity was unlimited under the general order
issued by Governor Glassaock which pro-
vidcd tho military commission lis sub
stituted for the criminal courts of the
district covered by the martial law pro-
clamation, and all offenses against the
civil laws, as they existed prior to the
proclamation Of November 49, 1872, shall
be regarded as offenses under the mill
military commission can impose such
sentences, either lighter or heavier than
those imposed under the civil law, as in
their Judgment the offender may merit"
Both Captain Morgan and Major Pratt
asserted that the commission did not feel
Itself limited by the statutory provision
fixing punishment for offenses, and Major |
Pratt gave several Instances of sentences !
imposed by the commission exceeding the
statutory punishment
\ dozen pictures OF men, clad I'm prison |
clothing and with heads shaved. were |
identified by Major Pratt as men who had |
been sentenced by the military commits
sion and sent to Jail one was given /
sentence Of H. years for perjury, sew
eral others were given three, four and |
five year terms for interfering with ofii- /.
GERS"
Pratt said there was no Indictment or
either civil process presented against |
these men. that they were arraigned on !
charges and specifications prepared by |
the Judge Acknowledgement Captain |
Morgan said he believed there was no ap-
peal from the decision of the military
commission. If approved by the Governor
except to the Supreme Court of the Uni
ted States.
EXECUTED SEALED FINDINGS.
Senator MARITIME ascertained that after
the commission had heard the testimony
in case 1t went into secret session and |
executed sealed findings sitter the manner
of verdict and sent them to the Cover
nor.
Then the poor dcvil did not know
what you had done with him until he was
gobhled up and carted away to the peni-
tentiary?' suggested the New Jersey sem
ator
That's right" answered Captain Nor
gan,
1t was developed that as many as 40
accused men were tried al one time by
the commission.
There was no opportunity given d man
TO secure a new trial on the discovery OF
new evidence. no opportunity to give
bail, no possibility of the issuance of a
stay Of execution. your decision was first.
last and hnal?" suggested Mr. Monnett
Yes, answered Captain Morgan
"lf you had sentenced "A man to death
there was no way of stopping the eXecu-
tion If the Governor approved it," asked
Borah,
I'VE did not contemplate imposing
death sentences" replied the witness
STATEMENT ABOUT ENOUGH
81 think the committee has about
ample testimony on this branch Of tho
Iquiry." remarked Senator Rorah. THE
of facts seems fun and com
plete.'
Tonight Senator Borah took up
witnesses produced by the mine WORK.
trs 10 testify as to charges that pcou-
age ObIains in the Paint and Cabin
tceN sections.
Following to-day speedy work. the
committee decided to divide up the
inquiry tomorrow, allowing Senator
I3C ah to proceed alone with his paon-
age investigation ana probably haze
senator Kenyon begin an individual
inquiry into general conditions in the
strike zone, while the remainder of the
committee covers the other branches
)f the inquiry.
$, +. Nance, n miner who was con
,icted by the military court, was the
irst witness, UndsS examination byI