Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-02-24
Captain of Colorado National
Guard Admits Prisoners
Have Been Held Without
Trial by Military,
ATER DECISION AS TO
C0NSTlTUTl0NALlTY
Congressman Listen to Stories
of Interference With PoStof-
ficeS and of Alleged Peon-
age of LaborerS,


Trinidad, Colo, Feb. ga direct
admission by Capt w. n. Danks that
the Colorado National Guard IN the
coal strike zone has arrested and dc
tanned men as military prisoners.
today removed the question ~ an
legged unconstitutional imprisonment
from the realm OF fact to that of lu-
dicial Interpretation. The house in
Nesiigating committee barred further
icstimony on that subject, Representa-
tive Ryrnes explaining that the mem-
bers would decide for themselves
whether the facts admitted hy Cap
tain Danks constituted an infringe
ment Of constitutional rights
I'VE will consult the decisions Of
'he supreme court on the subject" he
added
Military authorities said tonight
that the decision of the supreme court
upon which they relied was that in the
famous Meyer case. This decision re-
Gently guided District Judge A. w.
McHendrie In holding that military
mprisonments were legal
Today's development IN the impris-
cnment controversy came after two
witnesses had testified that they were
held more than twenty days without
AhA iAttAA > iAtlA Af'f iiifll fNAhtfff1hs
Prisoners Held By Military
Captain Danks. representing The
judge advocate, then addressed Tho
committee formally admitting that IN
many eases military prisoners had
been held, substantially as recounted
by the Witnesses.
In every case, Investigation has
been made as promptly as possible
less have been released, he declared
Representative Byrnes then sug-
gested that no further evidence of ar
rests hy the military be received say
ing Captain Danks' admission set
tle1 the facts.
James Brewster, attorney for the
miners, made an emphatic protest.
asking 10 be allowed to show the cir
cumstances under which the arrests
were made re characterized the
conditions in the strike zone as the
most outrageous mlltarsm In the
history OF the United States, If not IN
the history OF the world
After "a sharp skirmlsh between the
various attorneys the committee
barred further evidence on the sub
iect reserVine the rirht 40 pass upon
the constitutional Issues involved.
Want Martial Law Testimony Haired.
Military authorities said tonight
that &C the conclusion of the testimony
for the strikers and the operators,
they would make a motion 10 ex-
punge from the record mn evidence re-
lailng to alleged disorder and depre-
dahons charged against the soldiers.
The motion viii be made ON the
ground that such evidence has no
bearing on the subjects the commit
tee Is authorized To investigate II the
motion is denied the militia authori-
ties say they will ask permission TO
introduce "A large amount Of testimony
In refuiation of the charges
Among the witnesses for the strik-
ers this afternoon was Emilio Nalen-
tino, a Tyrolean shoemaker mt Sc
gunio. He testified that he had asked
for money orders at the Segundo
posttffice and had been given drafts
signed by the Colorado supply COM
pany, a subsidiary OF the Colorado
Fuel and Iron company
Fred Herrlngton, for the Colorado
Fuel aud iron company told the eom-
mitfee Tint tho company formerly is-
sued drafts at roino camp stores but
that the practice ha1 been stopped.
"t don't think we have violated any
postal REGULATIONS" he explained.
Draft-Sclllng stopped.
}. r Welhorn president Of the Col
or8dn Fuel and Iron company, said he
had stopped the practice Of selling
drifts on company stores as soon as
DE learned that il might be a viola-
tion Of postal regulations.
j NJ. Hendricks deputy district at
torneY was called by The strikers 10
testify that since the calling of the
strike the civil courts hni not been
omen for business at an times. Ques-
TONED as 90 whether or not his Off
ciai work had been lnterfered with
az The time of the arrival of the NIL
Htia. he said he had received a tele-
phonie communication from Gen.
John Chase, threatening 20 arrest the
district attorney and the two deputies
Il tH q