The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-14
NO PRECEDENT EXISTS

ccompllsh his purposes is not
NO PRECEDENT EXISTS
The governor, like the supreme
court of North Dakota, is "no
slave to precedent" No prece-
dent is said to exist in the his
tory of North Dakota or Of any
other American commonwealth
for the declaration of martial
law at a time when there was no
insurrection or rebellion; no
riot, turmoil or breach of the
peace, and no threat Of any dis
turbance. There is said to be no
precedent for the declaration Of
martial law without an appeal
from the civil authorities and a
declaration upon their part that
they were helpless to preserve
order. Martial law when de-
clared has been for the purpose
of protecting property, rather
than for it's confscation, legal
authorities point out.
Never before has an occasion arisen
in North Dakota which led a chief
executive to feel justified in declar-
ing state of martial law to exist.
The governors constitutional author
ity for declaring martial law is con-
tanned in Section rs, which provides
that "The governor shall be COM
mander in chief of the military and
naval forces of the state and may call
out the same to execute the laws and
to suppress rebellion and repel in
vasion.'
Section 1857 of the complied laws
of North Dakota provides that when
ever any portion of the militia is en-
plOyed in aid of the civil authorities,
the governor, if in his judgment the
maintenance of law and order will
thereby be promoted, may by proc
lamation declare the county or city in
which the troops are serving, or any
specified portion thereof, to be in a
state of insurrection."
Section 1858 DEGREES that "The gov
ernor shall have power in case of in
breach Of the peace or imminent dan
ger thereof, to order into the active
service of the state any part of the
militia that he may deem proper"
Note is made of the fact that in
his proclamation the governor does
not recite any of these causes as being
responsible for his declaration of mar
tial law. The governor does not con-
tend that riot, tumult, breach of the
peace. insurrection or rebellion exist
nor that they are threatened. 1t is
possible that the legality of his act
will be attacked in the federal courts
on this ground.
Wilton Miners at Work.
Three hundred organized miners at
Wilton resumed work this morning,
"for the state Of North Dakota" John
Hanwell, state mine inspector, was
originally in charge of the Washburn
Ignite Co. properties, surrendered to
the state yesterday under protest, but
he was relieved later in the day by
j. W. Deemy, manager of a ToWnley
mining property at Kenmare, and
named by Governor Frazier to be state
fuel director.
No reports had been received at the
governors office up to noon today Of
men returning to work at other mines.
In most instances the military mine
managers appointed by General Fraser
had not had time to assume charge up
to that hour.
The maximum price schedule which
is to govern the retailing of coal had
not been promulgated up to noon.
North Dakota's second day of mar
tial law and state control and oper-
alton Of coal mines opened this morn
ing with Governor Frazier hopeful
that union miners would have re-
sumed work in a majority of the or
ganized mines at the wages prevail
ing prior to the strike. Mr.. Frazier
states that in his conference with
district President Henry brennan Of
the United Mine Workers on Wednes-
day he was given assurance that the
men would return at their old wage
scale if the state took the mines over.
Three hundred union miners were eX-
pected to resume work in the Wash
burn Lignite Co.'S mines at Wilton,
the largest coal producer in the state.
which was surrendered Thursday
under protest, to Capt l. r Baird Of
the state militia.
In handing over the property, Pres
ident NJ. P Macomber reserved, the
right to seek restoration and repara-
ton in the courts of the land, and
in signed statement said:
"Under what law or authority YOU
have presumed to take over the pri-
vate property of the Washburn Lig-
mite Coal Co. and operate the same
we are not advised. We believe that
the power and authority of the gov
ernor Of this state to declare martial
law is expressly limited by the con-
stitution and laws of the state to oc-
breaches of the peace exist. and then
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