The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1914-01-14
b0RAH ARRAIGNS
RULE OF MILITARY
In Noted West Virginia
Mine Strike.
GIVES A sCATHING REPORT
Citizens Arrested, Tried and
Convicted Contrary to
Organic Laws.
WE'RE DENIED TRIAL BY JURY

Washington, Jan. 1O.-Sepator
William +. Borah, of Idaho, report
ing on the investigation of the trou-
bles between the coal operators and
striking miners in the Paint and
Cabin Greek districts of West vir-
ginia, finds that ''citizens of the
United States were arrested, tried
and convicted contrary to or in vio-
lation of the Constitution or laws of
the United States"
Senator Borah. as member of
the Senate committee which made
the investigation, was charged par
ticularly with preparing that section
of the report bearing on court-mar-
tial trials and violations of the law
by the military court. Senator Bo-
rah will discuss his report in the
Senate in few weeks in connection
with similar situations in other
States.
Summing up his report, Senator
Borah says:
1.-The facts. in the opinion of the
committee, discloses:
''First-That martial law was de-
clared as to Paint and Cabin Creek
country about Sept. 2, 1912, and
continued in force with the excep-
ton of short intervals until in June,
1913.
"Second-That during the reign
of martial law number OF individ-
uals were arrested, tried and con-
victed and sentenced and punished
for offenses alleged to have been
committed by them.
"Third-That these parties were
arrested upon orders issued by the
military authorities and not by vir-
tue of any warrant issued by the civ
IL authorities or from the established
courts of the State. and We're put
upon their trial, without the finding
of any Indictment by the grand jury,
before a court-martial created by the
order of the Commander-in-Chief
and composed of individuals select
ed by him.
"Fourth-That the charges made
against these parties thus put upon
their trial were in the nature of
specifications drawn up and present
ed by the military authorities, and
upon these they were put upon their
trial before said court-martial with
out a jury.
"Fifth-That in the trial of these
parties and in the assessing of pun
ishments the court before which
they were tried deemed itself bound
alone by the orders of the Com
mander-in-Chief, the Governor of
the State, and In no respect bound
to observe the Constitution of the
United States or the Constitution or
the statutes of the State of WestVir-
ginia relative to the trial and pun
ishment of parties charged with
crime. That they acted under the
claim that all the provisions of the
Constitution, both State and nation
al, and the statutes of the State rel
alive to such matters, were suspend
ed and for the time imperative by
reason of the existence of martial
law
"Sixth-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 dispens-
ing justice in the usual and ordi-
nary manner. That in some in
stances arrests were made outside
the military zone for offenses alleg-
ed to have been committed outside
the military zone and at time
when martial law did not prevail.
and when such arrests were made
the parties were turned over by the
civil authorities to the military au-
thorities for detention. trial and
punishment.
"Seventh-That in rendering
judgment and assessing punishment
the parties were punished by terms
of Imprisonment unknown to the
statutes or In excess OF the punish
ment provided for such offenses UNI
der the laws of the State. That
number of these parties were sent
to jail and many to the State peni-
Tertiary under sentence from this