Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-05
Borah Gives Out Findings Of
Investigation Into Paint
Creek and Cabin Greek Coal
Mine Strikes,
CIVIL COURTS SET
ASIDE BY MILITARY
Constitutional Rights Of Citi-
zens DiSregarded and Sen
tenceS Imposed Urwar-
ranted By Any Statute,

fnY MORNING JOURNAL SPECIAL LtAbEb WlHti
Washington. Jan. 4.-A severe ar
raignment of authorities who admin
istered martial law in West Virginia
from September 1912 10 June, 1913,
when the Cabin creek and Paint
creek mine troubles werc in progress
Is contained IN a subcommittee re-
port made public tonight hY Senator
Borah. il member of the senate CONF
mittoe that INVESTIGATED the West Nir-
ginia disturbances
The report was given out as the
statement Of fact. prepared by SEN
ator Borah as the member of the
senate COMMITTEES charged with pre-
pairing that section OF the report bear
ing on court martial trials and al
legged violations of the law by the
military courts.
Senator BoWhs statement holds
that the military authorities acting
under the direction OF The governor
.upcrseded AN constitutional courts
IN West Virginia, imposed sentences
not authorized by standing laws, and
took over all the duties OF the civil
courts Of the district ana that &C the
time such martial law was being en-
forced. there was no evidence that the
civll courts had been intlmidated or
that they would have failed to per-
form their duties faithfully.
After reviewing the Incidents of the
establishment OF martial law aud its
maintenance IN the Cabin Creek and
Paint Creek districts fnr nearly "a year.
Senator Borahs statement sets forth.
That during the reign OF martial
law number Of individuals were ar
rested. tried and convicted and sem
tcnced and punished for offenses nl-
legged To have been committed by
them
"That these parties were arrested
under orders issued hy the military
authorities and not by virtue Of any
warrant issued hy the civil 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 mar
tial created by the order of the COM
mander In chief and composed of in
dividuals selected by him.
THAT the onarges made against
these parties thus put upon their trial
We're in the nature of Specifications
drawn up and presented blythe mill
tary authorities and upon these they
were put on their trial before said
court martial without a jury
THAT in the trial OF these parties
and in assessing OF punishment the
court before which they were tried
deemed itself bound alone by the or
ders Of the commander IN chief. the
sOvernor Of the state ana in no re-
spect bound to observe the consuu-
tion Of the United States OF the consti-
tuition or tho statutes of the state
of West virginia relative to the trial
and punishment of parties charged
With crime That they acted under
The claim that all Tho provisions of
the constitution, both state and ma
ti0nal. and the statutes of the state
rcalve To such matters were suspend
cd and for the time in operative hv
reason of the existence Of martial law.
That at the time THESE arrests were
made and the trials ana convictions
had the civil courts were open. hold
ing their terms as usual. disposng of
cases and dispensing Justice in the U.S.
ual and ordinary manner
THAT arrests were made outside the
military zone and AT a time when mar
tial law did not prevail, and when
such arrests We're made the parties
were turned over by the ciyil authori-
ties to the military authorities for de-
tcntion, trial and punishment.
"Fhat in rendering Judgment and
assessing punishment the parties were
punished by terms OF imprisonment
unknown to the statutes. in excess of
the punishment provided for such Of
lenses under the The laws of the state.
THAT "a number Of business men
were sent to the state pcnitentiary un-
der sentence from this court martial
as approved by the governor Most
OF those who were sent TO the penitcn-
tiary were given a conditional pardon
before the term for which they were
sentenced had expired, the pardon
being conditioned IN a general way
upon good behavior.
THAT the place OF holding court.
that is for the civil or common law
courts. WAS at tHafitSiOn, W. Va, seV-
eral miles from the disturbed district
or military zone.
THAT no threats of violence or use
of force was made or had been against
the judges or courts at any time dur
ing the existence Of the disturbance
on the reign of martial law.
That great feeling and interest
doubtless prevailed generally through
out the country but the existence Of
this feeling and ils effect upon the
grand and petit iuries We're not tested
hy the calling of a grand Jury or the
submitting Of the charges against
these persons 10 a grand jury. and no
attempt was made ia try them before
a petit jury-the officers of the county,