The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-13

IurnlSn wilton Cne same
service as heretofore.
Wilton, N D.. Nov. 13.-PrOtestlng
the governors action in proclaiming
martial law to be unwarranted, ar
bitary, unconstitutional, illegal, with
out precedent the Washburn Ignite
Coal Co., at II o'clock this forenoon
surrendered its mining properties at
Wilton to Capt. L. Il. Baird of Dick
inson, the governors personal military
representative.
The formal surrender was preceded
by a brief parley during which At
torney Andrew Miller, for the com.
pany, questioned Capt Baird as fol-
lows:
Captain Baird, do you present this
proclamation Of the governor for the
purpose Of taking over this property
for the state?"
II do
do you intend to use such force as
is at your command as may be ne
cessary to take over our property at
this time?"
"Yes. SIR"
"You are prepared to do that?"
eyes, sir.''
"Then, captain, we yield possession
Of our mining property to you under
your threat to use the necessary mill
tary force to take it. from our pos
session, but in so yielding we make
the following protest"
THE PROTEST.
The protest, formally drawn up
addressed the Governor Frazier, Ad-
jutant General Fraser and Capt.
Baird, as immediate representative OF
the governor, follows:
"You have by military force Of arms
f0rcibly taken possession Of the Wash
burn Ignite Coal Co.'s mines and its
other property at Wilton, N. d., This
YOU have done under preteXt of your
proclamation declaring state Of mar
tia Hay in and about the premises Of
the company at Wilton, N. D.
''Under what law or authority you
have presumed to take over the private
property Of the Washburn Lignite Coal
Co., and operate the same we are not
advised. We believe that the power
and authority of the governor Of this
state to declare martial law is ex
pressly limited by the constitution
and laws of this state to occasions
and places where riot, tumult, breaches
of the peace or threatened breaches
of the peace exist, and then only fol
the purpose of suppressing or prevent
ing such disorder OF threatened dis
order.
NO RIOTING EXISTED
'There has not at any time existed
in or about our property at Wilton
N. D., nor does there now exist, eithel
riot, tumult, any breach Of the peace
or any threatened breach Of the peace
On the contrary, the situation at Will
ton, N. D., and about our mines in the
county is entirely quiet and peaceful
Your proclamation declaring martha
law does not set forth that there is
either riot tumult, breach OF the peace
or any threatened disorder from any
persons what soever neither do yol
pretend to be advised by any persons
in this community or by any Of thu
civil authorities of this county or<o1
the city of Wilton that any disorder
or threats of &disorGer exist, or tha
you have been called upon by any civi
officer or by any person or person:
to suppress any disorder or prevent
any disorder in the county, city, Of
'xrviJla,, -. =, o,,,1 oLn,,f' tho ,,,inoc
WITHOUT AUTHORITY OF LAW
"Under such conditions we believe
that your proclamation declaring {
state of martial law to exist In ant
about the properties Of the Washburr
Ignite Coal Co., at Wilton, N. D., i
wholly without authority Of law, either
under our constitution or the statute:
of this state, and without preceden
in any state in the union. We believe
your proclamation to be unlawful ant
a direct violation Of your oath Of
office as governor of the state of Nortl
Dakota to enforce the laws Of our stat'
and the constitution.
ARBITRARY AND WITHOUT
WARRANT 6
"You have, however, gone furthel
than to declare a state of martial Law
to exist at a place and under condi
tions under which none of the circum
stances authorizing martial law exist
You have arbitrarily and withou
warrant Of law forcibly used the mill
tarv forces of the state to take over ou
private property and operate the sam
against our consent and without judi
Continued on Page Four.)