The Birmingham age-herald., 1914-01-05
Senate Committee Reports
on Conditions i'm Strike
District
MILITARY COURT
WAS TOO STRINGENT
Report Says That Civil Courts Were
in Operation But That all Cases
Were Handled by Military
Authorities

Washington, January A severe ar
raignment of the authorities who admin
istered martial law in West Virginia from
September, 1912. to June, 1913 when the
Cabin Creek and Paint Creek coal mine
strike troubles We're in progress, is con-
tained in subcommittee report MAJ
public tonight by Senator Borah, mey :
of the Senate committee that condy .,
an Investigation into all phases . :
West Virginia disturbances.
The report does not bear the formal IN
oorsement of the full Senate committee,
but was given out as the Statement of
fact prepared by Senator Borah as the
member charged with preparing that sec
tion of the report bearing on court-mar-
tial trials, and alleged violations of law by
military courts.
Senator Borahs statement holds that
the military authorities, acting under the
direction of the governor. superseded all
constitutional courts in West Virginia,
imposed sentences not authorized by any
standing laws. and took over all the
>
and that at the time such martial law
was being enforced there was no evidence
that the civil courts had been intmidated,
or that they would have failed to per-
form their duties faithfully
Complete Report Not Ready
The complete report of the investigating
committee has not been prepared. Each
member of the committee. which included
Senator's Swanson, Shields, MARITIME.
Borah and Kenyon, was charged with the
preparation of portion of the report.
After briefly reviewing the Incidents of
the establishment of martial law and its
maintenance in the Cabin and Paint
Creek districts for nearly a year. Senator
Borahs statement sets forth;
'That during the reign of martial law a
number of individuals were arrested tried
and convicted and sentenced and pun
,ished for offenses alleged to haze been
committed by them.
| That these parties were arrested upon
orders issued by the military authorities
and not by virtue of any warrant Issued
by the civil authorities or from the estab-
iished courts of the state, and were nut
upon trial without the finding of any in
dictment by the grand jury, before "A
courtmartial created by tse order of the
conmander-in-ehief and composed of IN
diviouals selected by him
That the charges made against these
parties thus put upon trial were in the
nature of specifications drawn up and
presented by the military authorities and
upon these they were put upon trial be-
fore said courtmartal without a Jury
That in the trial of these parties and
in the assessing of punishments the court
deemed itself bound alone by the orders
of the commander-in-chief, the governor
of the state. and in no respect bound to
observe the constitution of the United
States or the constitution or statutes of
West Virginia relative to the trial and
punishment of parties charged with crime
That they acted under the claim that all
the provisions of the constitution. but
state and national. and the statutes of
the state relative to such matters, We're
for the time imperative by reason OF the
existence of martial law.
Civil Courts We're Open
THAT at the time these arrests were
| made and the trials and convictions had
the civil courts were open, holding their
terms as usual, disposing of cases and
dispensing justice in the usual and ordi-
| nary manner
That in some instances arrests were
made outside the military zone and at a
! and when such arrests were made the
| parties were turned over by the civil au-
| thorities to the military authorities for de-
tention. trial and punishment.
THAT in rendering judgment as assess
| ing punishment the parties were punished
| by terms of Imprisonment unknown to the
statutes. in excess of the punishment
provided for such offenses under the state
laws.
Many Given Conditional Pardon
THAT a number of these parties were
sent to Jail and many 10 the state peni-
tertiary under sentence from this court
martial as approved by the governor
Most of those who were sent to the pen
itentiary were given conditional pardon
before the term for which they were SEN
fenced had expired, the pardon being con-
ditioned in a general way upon good be-
havior.
That under the laws of West Virginia
a warrant of arrest may be issued from
Continued On Page TwoD