The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-05
FINDS NO REASON
FOR MARTIAL Law
Severe Arrangement of West Vir-
ginia Officials by Sen
ator Borah.
ENTIRE REPORT NOT READY
Military Authorities Assumed,
Without Cause, Duties of
Civil Courts.

Washington. January A severe
Administered martial law in wost Vir-
Einia from September. 1912, TO June,
1919, when tho Cabin Crock and Paint
Creek coal mine strike troubles were
In progress, is contained In n suocoin-
rnttteo report made public tonight by
Senator Borah. member OF the Senate
committee that conducted nm fnvcstiga-
ton Into NIL phases OF tho West Vir-
ginia disturbances.
The report docs not bear tho formal
Endorsement of tho full Senate COM
mttce. but was given out as the
, statement of fact" prepared by Senn-
tor Borah as the member charged with
preparing that rection of tho report
bca rinE on court martial trials. and
alleged violations or law by military
courts.
Senator Rorah's statement holds that
| the military authorities acting undor
the direction OF the Governor, super
seded all constitutional courts In Weet
Virginia, imposed sentences not au-
thorizcd by any standing laws, and
took over all the duties Of the civil
courts OF the district: and that 1T tho
time such marital law was being en-
, forced. there was no evidence that the
civil courts had been intImidated, or
that they would have failed to per
FORM their duties faithfully
mo coinplcte report of the investi-
eating committee has not been pre-
pared Each member OF tho commit
| tee. which includes Senator's Swanson.
Shields, MARITIME. Borah and Kenyon,
was charged with the preparation OF
portion OF the report
Establishment of MnrtIaI Inv.
after pretty reviewing the incidents
OIL inc establishment OF martial law
and Its maintenance III the Cabin and
RANT Creek districts for nearly a year.
senator Borahs statement gays fur
Their
That during the reign of martial
law. number OF Individuals were ar
| rested. tried ana convicted and SEN
| fenced and punished for offcnses al
iesed to have been committed by them.
ihat these parties were arrested
upon orders issued by the military au-
thorit'es. and not BY virtue OF any
warrant issued 10y the civil authorI-
ties or trom the established courts of
the state. and were put upon trial
"ithont the finding OF any Indictment
bS the grand jury before court
martial created by the order OF tho
commander chief and composed OF
ndlviduals selected by him;
That tho charges made against
those parties thus put upon trial were
/ IN the nature OF specifications drawn
/ up ann presented h. the military au-
/ thoTities. and upon these they were put
upon trial before said court-martiol
! without jury.
! Ihat in the trial OF these parties
ana In The assessing of punishmcnts.
me court deemed Itself bound alone
oE the orders of tho commandments
chief, the Governor OF the state and
In no respect bound to observe the
constitution o. tho United states or the
constitution or statutes Of West Vir-
Einia relative 20 the trial and punisb-
mleht or parties charged with crime
NAT they acted under tho claim that
81 the provisions OF the Constitution.
ooth state and national, and the stint
| utes of the state relative TO such mat.
ters' we're for the time inoperatiye by
reasons OF the existence OF martial
( law. ,'"'
Courts Open In UsunI Manner.
ihat at tho time these arrests were
,hado ana the trials and convictions
inS the'r terms as usual, dispos!ng of
cases and dispensing justice In the
usual and ordinary manner
| nat In some instances arrests v-orA
maze outside the military zone and at
! Il tlme when martial law did not pre-
, ,aii' ana when such arrests were made
the parties We're turned over by tina
civil authorities to the military eu
I thorities for detention, trial and MN
/ ishmeni.
/ That In rendering Judgment and
assessing punishment, the parties were
punished by terms or Imprisonment
. unknown to the statutes, in excess Of
the punishment provided for such Of
lenses under the State laws
That n number OF these partios
were sent TO jail and many TO the
| state ponitentia!y under sentence from
this court-martial as approved by the
I Governor. Most OF those who were
sent to the pententiary were given a
conditional pardon before the term for
which they were sentenced had ex-
PRED, the pardon being conditioned in
II general way upon good behavior
That under the laws OF West Vir-
ginia n warrant of arrest may be is
sued from one justice Of the peace and