Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1914-09-10
MUCKIE IS
CAPTURED
BY MILITIA
He and the Vice-President Of
the Union Were Hiding In
Butte Rooming House.

DullC NUUllllllS llOuSc.
BUTTE, Sept. 9.-"Muckie" Nc
Donald, the fugitive president of the
Butte Mine Workers. union; Joseph
Bradley, vice president of the same
organization; Thomas J. Coyle and
Mrs. Florence Gillis, proprietress OF
the Moose block rooming house, were
arrested this afternoon by Maj. Dan
J. Donohue, Capt. Charles Marrs, Pro-
vost Marshal Frank Conley, Assistant
Marshal John P. Murphy and Chief
of Police ]. ]. Murphy.
Mcdonald and Bradley had been hid
ing in the Moose block for five days,
coming to the city when his line of
communications were cut by the sol
diers arresting Evans and McLane
as they were in the act Of carrying
provisions to the fugitives.
Mcdonald ventured forth last night
and partook of meal in restaurant
and was spotted" by plain clothes
men.
The military of Montana is within
it's rights, SO far as the United States
courts are concerned, ruled Federal
Judge George M. Bourquin this after
noon, in hearing the habeas corpus
proceedings brought in behalf of Ed
Evans, William Malone and James
Chapman, mine workers, the court
stating that the showing made by
Maj. Jesse B. Roote is sufficient to
authorize the militia in holding the
men prisoners.
Judge Bourquin overruled the mo-
ton of the military officers to quash
the petition for habeas corpus and
requested them to present an answer
setting forth the charges on which
the prisoners ere held. He stated that
if such charges did not constitute an
offense against the United States he
would refuse to take Jurisdiction over
the case, declaring that in such event
the relief of the prisoners, if they had
any, would be in the district courts.
Attorney H. L. Maury was given un-
til 10 o'clock tomorrow morning to
file his written objections to the an
swer of the respondents, when a for
NAL decision will be rendered.
d. ]. Waidner, barber, who refused
to cut the hair of a militiaman, was
hailed before the summary court and
summarily given a term of 60 days in
the county Jail.
Major Roote said:
''The court finds you guilty of in
sulting the governor of the state, the
uniform of the national guard, the
uniform of the United States, and the
flag, and directs that the captain of
the guard hand you over to the provost
marshal to be confined in a military
prison in Silver Bow county for
period of 60 days.
II would like to have a few hours
to arrange my business AFFAIRS" said
Waidner.
THE guard is directed to take you
to prison at once and keep you there
for the full period of 60 days." replied
Major Roote. IF you have any busi-
ness affairs you want arranged send
for some of your friends who are op-
posed to the national guard and whom
you wereeafraid of losing if YOU cut
the hair of one of it's members"
Federal Judge Bourquin, in holding
the power of the military to be SUI
preme, said:
"The governor proclaiming insurrec-
tlon can also proclaim martial law and |
with the militia restore order. courts. |
and statutes. While he
is thus employed, there is no author
lty in any one to interfere and there
are no state, civil officers or courts,
for these latter ousted by the insur-
rection are restored by the governor.
when he has suppressed tie insur-
rection. The governors judgment is
therein. Every measure rea-
sonably necessary, even to taking the
life of the assailants is permitted to
him. The martial law the governor
'eclares is not in fact law, but it is
he governors will and judgment only.
There is no restraint upon him save
lis good sense, sound judgment, con-
science, honor, humanity, all obligating
1im to remember he is dealing with
'ellow beings.
since the governor may kill those
who resist his efforts to restore law
md order, it is obvious" said Judge
8ourquin, quoting the supreme court
If the United States in the Meyer
,ase, that he may adopt milder
measures of selling and imprisoning
hose who he believes stand in the
way of peace, not to be released until
n his Judgment it would be safe to
10 So"
Mcdonald and Bradley are charged
With completely in the deportation of
edward O'Brien, miner. Coyle and
Mrs. Gillis are held pending further