The New York herald., 1921-05-15
MARTIAL LAW FOR
MINGO SIGNED But
NOT YET IN FORCE
President Turns Order Over
to Secretary of War to Use
at His Discretion.
SITUATION Is BETTER
Governor Morrow of Ken
lucky Sends State Troops
to Patrol Border.
ARMY MEN TO BE READY
Will Be Hurried Into Dis
turbed Area if Conditions
Warrant Move.
ARMY MEN TO BE READY

WAsHINGToN, May 14.-Proclama-
tions were prepared and signed by
President Harding late to-day declar-
/ ing a state of martial law in Mingo
county. West Virginia. and Pike coun-
/ ty Kentucky, along the interstate bor
der. the area affected by the coal strike
riots. The proclamations were turned
over to Secretary Of War Weeks to be
issued in his discretion should reports
from the troubled region make such
action necessary.
AT the War Department orders were
prepared Immediately after the sign
/ ing of the proclamations, informing
/ Major Gen. George W. Read, COM
manding the Fifth Corps area and
Fort Benjamin Harrison. Indiana, OF
the Presidents action and ordering
him to hold a sufficient number Of
| troops in readiness to move to make
martial law effective in the area com
pretended by the Presidents proc
/ amations.
When President Harding decided on
with Secretary Weeks and Senator
Sutherland of West Virginia. it was
| intended that the proclamations should
| be issued Immediately. A few mo-
ments after they We're signed, how
ever, a telegram was received at the
White House from Gov. Morrow of
Kentucky, announcing that the situa-
| ton looked better. and that State
troops had been ordered to patrol the
Kentucky side of the border
Troops to he In Readiness.
II was this information that caused
| the postponement OF the issuance Of the
I proclamations. After another confer
ence with Mr.. Weeks the President de-
cided to leave the papers in the Secre-
tary OF Wars hands and to give him
authority to issue them at his discre-
tion. Secretary Weeks Immediately re-
turned to the War Department and in
4 structed Major-Gen. March to prepare
orders to take the necessary steps TO
make martial law effective should the
proclamations be promulgated
President Harding was Influenced in
his decision. II was understood. by his
conversation with Senator Sutherland.
The Senator took to the White House
a number OF appeals from citizens Of
West Virginia declaring that the situa-
I ton was beyond the control OF the
I state authorities and that Federal aid
+ was necessary. One telegram from g,
4 H. Wilson at Huntington said that the
peoule OF Matewan. w Va. we're being
shot. down like rats"
/ Earlier In the day Secretary Weeks
\ had transmitted to the President tele-
grams from the Governors Of Kentucky
and West Virginia describing IN detail
the situation and asserting the need Tor
Federal troops
/ one such message from Gov Morgan Of
West Virginia forwarded a protest from
/ w. j. jerks. general manager or the
| Norfolk and Western Railroad, declaring
that passengers and employees travelling
1 on the roads trains We're In danger from
/ flying bullets. that telegraph ana teie-
phone wires were being shot down and
could not be repaired owing to the con-
slant fusillade. and that passengers
were compelled to take refuge beneath
| the seats OF the cars 70 escape injury.
Relief From Kentucky.
I Gov. Morrow telegram conveying IN
/ formation that the situation looked
more hopeful which caused the with
4 holding Of tho martial law proclama-
/ tions, explained that Kentucky state
troops not previously available had been
i mobiIized and were being sent TO the
4 Mingo-Pike county border On the tug
/ River.
/ Ii was said at the War Department
/ that the presence OF those troops along
the Kentucky bank CT tho river would
| 20 far toward quieting the situation.
1 For tho last few dovs, army ofticers
| "a Id, rioters on the West virginia sid~
\ when pressed too closely by state police
and special deputy sheriffs, had been
l slipping across the river 10 the Ken
\ lucky side. where thera were not sur
\ ficient troops to capture them
/ Martial law h the popular name Tor
what the military authorities designate
/ az Federal aid IN domestic disturb
/ ances," II was said AZ the War Depart
ment. and takes n number Of forms. In
1 All casas, however. the laws and orders
promulgated BY the commanding officer
\ IN the area occupied by the Federal
! troops have fun force and effect and
4 tako precedence OYER an conflicting
/ civil statutes, II was asserted In hts
discretion the commanding officer may
\ issue orders supersedlng the civil courts