Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-11-14
Notice Served by Washburn
Company Taken to Mean
That Legal Action Will
Possibly Take, Place to
Test Governors Power to
Take Over Mines.

in operation again quite generally, &C
oording to word received here.
The minors at the Washburn plant
at Wilton resumed work today after
being out less than a week.
The notice Sc rived by the Wash
burn company yesterday, protesting
that the seizure of its property was
without warrant of law, is accepted
here as indicating the possibility of
legal action testing the governors
power to take. over the mines in the
name of the state.
Rights Reserved!
In handing over the property,
President w. p. Macomber reserved
the right to seek restoration and
~reparation in courts and in a signed
statement said:
Under what law or authority you
have presumed to take over the pri-
waite property of the Washburn Liz
mite Coal company and operate the
same we r not advised. We believe
that the power and authority Of the
governor of this state to declare mar
tal law is expressly limited by the
constitution and laws of the state to
occasions and places where riot,
threatened breaches Of the peace
exist, and then only for the purpose
OF. supbressing or preventing such dis
order or threatened disorder.
There has not at any time existed
In or about our property at Wilton
nor does there now exist either riot,
tumult, any breach of the peace or
any threatened breach of the peace.
Under such conditions we believe that
your proclamation Of martial law to
exist in and about the properties of
the Washburn Ignite company at
Wilton is wholly without authority of
law, either under our constitution or
the statutes of this state, and without
precedent in any state in the union.
We believe your proclamation to be
unlawful and a direct violation of
your oath of office as governor of the
state of North Dakota to enforce the
laws of Jul state Inc the constitution.
You have, however, zone further
than to declare a state of martial law
to, exist at a place and under condi-
tons where none of the circumstances
authorizing martial law exist. You
have arbitrarily and without warrant
of law forcibly used military forces of
the state to take over our private
against our consent and without judi
cial procedure OF any other process
of Law.
act on your part we protest and yield
only to your military force, reserving
through question your authority and
the legality Of your acts, and to OBJ
tain from you such PREPARATION, as we
lawfully may in the courts OF the
land"
Threatens Force.
The Washburn mines were turned
over. to Capt. Baird after he had in
formed the management that he
would use force to seize them If
necessary. Three hundred Wilton
miners had planned to resume work
Thursday morning. They found,
however, that the miners train which
had been used to carry them to and
from work had been released by the
company and returned to Bismarck
by the 500 Line. The governor wired
to President Huntington protesting
this action and was promptly inform
| ed that the 500 would continue to
move customary local service. The
train was returned to Wilton on
Thursday evening, ready to take care
Of the miners today.
The new created state militia men.
a majority Of them young returned
soldiers who had been employed in
clerical positions at the capitol, were
dispatched by General Fraser to vari-
GUS other coal fields today to effect
seizure Of union mines located there.
They are expected to be in possession
of every organized mine in the state
by nightfall. , 4
Fixed Prices.
General Fraser announced Thurs
day that .profiteering on the part of
retailers would be rigidly dealt with;
that maximum prices would be hxed
for various zones, and that anyone
charging more for coal would be de-
prtved Of operating or selling It.
Attorney General A. Mitchell Palm
er wired Governor Frazier on Thurs
day afternoon acknowledging receipt
Of his message telling Of taking over
Of the mines, and said: "As at pres
entiadvised, I see n occasion for ac-
ton by the Department Of Justice.HHs
An early application to the federal
courts for Injunction restraining Gov
ernor Frazier from proceeding with
plan ID anticipated, however.
In the meantime North Dakota coal
supplies continue to tdwindle and the
shortage promises to be acute before
the governors military mine man:
ayers and3jobberS can bekfngdistrtbu.
1tion Of eNcoal. as
ME- Yg0.00