The Washington times., 1914-01-05
BORAH SAYS TROOPS
VIOLATED THE LAW
Reports That Constitution Was
Ignored by Courts-MartiaI
in West Virginia.

That the Constitution of the United
States and the constitution of the State
of West Virginia were ignored by the
courts martial in the coaling districts
of that State during the recent strike
that these courts imposed penalties not
contemplated in the laws, and without
Indictment. and that all constitutional
courts and many rights were invaded
by Senator Borah as a result of the Sen
ate investigation of the strike.
Not Full Committee Report.
Senator Borah was entrusted by q
subcommittee with the work OF MAX
ing a finding of facts and consequently
his report is not subscribed to by the
full investigating committee.
The events Investigated occurred dur
ing the strike in the Paint Creek and
Cabin Creek regions of West Virginia,
between September, 1912. and June, 1913.
Mother Jones and many others ap-
peared and made allegations Of atroci-
ties.
There was no test made, Senator
Borah finds, to determine whether the
civil courts had been inttmidated. They
were operating. he finds, and there was
nothing TO show that they were not
fully capable Of administering justice.
Most Of the cases, he finds, would have
gone to Charles Town for trial, ana the
constituted judicial machinery was
working smoothly there. The Senator
plainly charged that there was no war
rant for the taking OF persons by the
military courts that took them, tried
them, and sentenced them.
Favor Government Ownership.
The absence of recommendations is
due to the restriction placed upon the
subcommittee by the resolution of in
quiry. The complete report Of the in
vestigating committee has not yet been
made public Each member of the COM
mittee was charged with preparing a
portion of it The committee includes
Senators Swanson, Shields, MARITIME,
Borah, and Kenyon.
Senators MARITIME and Kenyon are said
to favor government ownership or con-
troll of mines, and IL is declared that
Senator Borah is inclined to agree with
them.
Arrests Outside Military Zone.
Senator Borah goes into the facts in
detail. His report reads, in part:
That in the trial of these parties and
ini the assessing of punishments the
court before which they were tried
deemed itself bound alone by the orders
of the commander-in-chief, the COVER
nor of the State, and in no respects
bound to observe the Constitution of
the United States or the constitution or
the statutes of the State Of West Wiz
ginia, relative to the trial and punish
ment of parties charged with crime
That they acted under the claim that
all the provisions of the Constitution
both State and national. and the
statutes of the State relative to such
matters were suspended and for the
time imperative by reason of the exist
ence of martial law.
THAT at the time these arrests We're
made and the trials and convictions had,
the civil courts were open, holding their
terms as usual. d'sposing of cases and
dispensing justice in the usual and or
dinary manner.
THAT in some instances arrests were
made outside the military zone for Of
rfenses alleged to have been committed
outside the military zone and at time
when martial law did not prevail, and
when such arrests were made the par
ties were turned over by the civil
authorities TO the military authorities
for detention, trial, and punishment.
THAT in rendering judgment and as
sessing punishment the parties were
punished by terms of Imprisonment un-
known to the statutes or in excess Of
the punishment provided for such
ofTenses under the laws OF the State"