Evening times-Republican., 1914-01-05
Authorities Held to Have Violated
Constitution Of Both state and Ma.
tion-Jury Trial Withhold From Ae.
eussd Men-Miners Sent 70 Psnitsn'
tiary and Treated ~ cenviets.

ator Borah, a member OF the senate
committee that conducted an investi-
CATION into all phases of the West Vir-
/, ginia disturbances.
! The report does not bsar the formal
endorsement OF the full senate commit
! tee, but was given out as the state
/; ment of fact" prepared by Senator
Borah as the member charged with
preparing that section Of the report
| bearing on court martial trials, and al
/; legged violations of law by the military
courts.
Charges Violation Of Justice.
Senator Borah.s 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superseded all constitutional courts in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 duties Of the civil
courts Of the district; and that at the
time such martial law was being en-
forced there was no evidence that the
civil courts had been inimated or that
they would have failed to perform their
duties faithfully.
! The complete report oe tAc :S-ssts.=
eating committee has not yet been pre-
pared. Each member Of tho commit
tee. which includes Senators Swanson.
Shields, MARITIME, Borah, and Kenyon.
was charged with the preparation Of
portion Of the report
Statement Of Ssnator eorah.
After briefly reviewing the incidents
Of the establishment Of martial law
and its maintenance In the Cabin
Creek and Paint Creek districts for
nearly q year. Senator Bcrah's state
ment sets forth
THAT during the reign OF martial
law q number Of individuals were ar
rested. tried. convicted. sentenced and
punished for offenses alleged to have
been committed by them
THAT those parties were arrested
upon orders issued by the military au-
thorities. and not by virtue Of any war
rant issued by tho civil authorities or
from the established courts Of tho
state. and were put upon their trial
without the finding OF any indictment
by the grand jury. before q court
martial created by the order Of the
commander in chief and composed Of
individuals selected by him.
Accused Not Given Jury Trial.
THAT the charges made against
these parties thus put upon their trial
were in the nature Of specifications
drawn UP and presented by the mill
tary authorities and upon these they
were put upon their trial before said
court martial without q jury.
That in the trial OF these parties
and in the assessing Of punishments
the court before which they were tried
deemed itself bound alone by the or
ders Of the commander in chief, the
governor Of the state. and in no re-
Epect bound to observe the constitution
OF the United States or the constitution
or the statutes Of the state Of West
Virginia relative TO the trial and pun
1shment Of parties charged with crime.
That they acted under tho claim
that all the provisions OF the consti-
tuition, both state and national and the
statutes o( the state relative to such
matters. were suspended and for the
time imperative by reason Of the exist.
ence Of martial law.
That at the time these arrests were
made and the trials ana convictions
had the civil courts were open. holding
their terms as usual. disposing Of cases
and dispensing justice in the usual and
ordinary manner.
Violation Of Authority Charged.
"That in some instances arrests
were made outside the military zone
and at a 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 authorities for detention.
trial. and punishment.
That in rendering judgment and
asse ssing punishment the parties were
punished by terms Of Imprisonment
unknown to the statutes in excess of
the punishment provided for such
onenses under the laws OF the state.
THAT number Of these parties were
sent to Jail and many to the state
renitentiary under sentence from this
court-martial as approved by the gov
ernor. Most Of those who We're sent to
the penitentiary were given a condi-
tional pardon before the term for
which they were sentenced had expired,
the pardon being conditioned in gem
eral way upon good behavior.
Tells Of Prison Sentences.
THAT the parties sentenced to the
penitentiary were received into the
penitentiary as ordinary convicts and
treated in every respect as parties sem
fenced for crimes by the criminal
courts Of the state.
That under the laws Of West vir-
ginia q warrant OF arrest may be issued
from one Justice ox the peace court
and the hearing and trial upon the
said warrant Of arrest may be trans
ferred and brought on for hearing
before any other Justice Of the peace In
the same county.
s-That the place OF holding court
that n foY the civil nr common law
courts-was at Charleston, w. Va. .
distance Of several miles from the des-
turbed district or military zone.
THAT no threats Of violence or use
Of force was made or had against the
Judges or the courts at any time during
the existence .of the disturbances or
the reign OF martial law.
Ne Attempt st Grand Jvsy.
THAT great Eseiing and Interest
doubtless Prevailed generally. through.
<yaff the country but the existencA of