New-York tribune., 1922-05-14
WEST VIRGINIA
TREASON TRIAL.
Continued from pag. one,

oe'aoSe .. 'ho lac. 'iiaC most Of the ind;..
ments had been returned in Logan co"-e ale''
whence they were transferred tn 1.n ai's'
County on demands for ...s'n As's'n
venue, the prosecution was placed = 's
Of John Chafn, the Logan oAsfss
and cousin Of the sheriff, regarded ss'se0'or,
union miners as their arch-enerny. or;s;,,a 'as
the name Of Mr.. Porterfeld appea,.d sA,s'y
with two of the coal operators atto,ns.g si00g
three other barristers, as ASSISTING !. ana
prosecution. But at the opening ~ -. we
days court proceedings Mr.. porterssn ,,' ''fss
and announced that he would take >. A'oSe
part. He did not go into details, but b,s t. s.'iss
did. They said that he didn't tbnl ,...' n..sHos
the case against the miners" and A.. .," c1
fore he had elected to wash his hand. ..' a'rs-
entire matter.
1t would appear that Charleaav, |.
made up it's mind on the subject Of t,a....
and what constitutes it, and also on tbs ~.
or innocence of the defendants.
Viewed in almost any Of its variety n ;.
poets, the miners trials, or rather trial :,
that Of Blizzard now going on is reyaraea :.
a test case both for the treason indc.rs,.,
involving twenty-five Of his fellow defena.,..
and the indictments charging murder "a,
spiracy and numerous other crirnes svsi,..
700 more Of the miners alleged to have tsls
part in the march-ts one Of the most INN,
tant ever held in the United States.
First, the fact that it is for TREASON -s.,..
crime of the highest dignity" ACCORDING
Judge John Mitchell Woods, who Il prssid;,,
lends to it an atmosphere Of romantic T.;
terest which no other charge could have dors
This is further enhanced by the fact that as
attorneys FOR both sides are delvinz deem in.a
the musty tones Of the worlds raost fsroD
treason cases, prominent among them ID
trials Of Aaron Burr and John Brown. i, s1
der to strengthen or weaken the various le,sl
points as they arise
Second, the trial brings 70 q cun,naticn H.
virtual civil war which has been waged .r
years in the non-union mining districts Of wss.
Virginia, the operators, through their conrs
of the governmental machinery Of the regim.
fighting to keep cut unionism, and the unis
miners, through their powerful Organization
the United Mine Workers Of America, strup
Cling to carry it in.
Third, the miners cases come before IL
public at time when their organization +
engaged in national coal strike. Aside trez
the fact that this is regarded in many uuar.g
as postwar test of strength between orga
lied capital and organized labor, one Of IL
E. l~:,u
1t about was that in refusing to meet the uni.
miners for new agreement, although Wost
ing the old contract in so doing, the operatcr
of important portions of the central compel.
tive feid-comprising Illinois, Indiana. 0hs
and western Pennsylvania-declar they coall
no longer remain on a union basis and compess
successfully with the non-union mines Of We.
Virginia. One charge raised by ths West Viz
ginian operators has been that the union mir
ers have been aided By the operators Of tn
central competitive field in the efforts made
unioniZe the region. The Importance Of Wss'
Virginia in the national coal situation vii
thus be seen at q glance.
Fourth-and this is the most important 70
the American pub!ic-the defense is counting
on the trial to show the extent to which the
comparatively small group of men conprisH5
the coal operators of West Virginia actuaE
own the government of the state in the non
union mining districts, and, regardless Of wna'
their motives may be, the extent to whlch 'ns
have subverted that government to Their OWE
uses.
ha oF +Hn
chief foundation Of the defense.
Treason said Judge Woods, in ruling Oh .
point early in the trial, "is an otfense tnat uh'
fers from all other offenses in that II Is d.
offense against the sovereignty Of the Sta'
itself. Every violent opposltlah % -
execution of the laws of the state, every ress'
ance by force and violence to the officers OF sN
state in the performance of their duties, is nv
treason. To constitute levying war agaihs. =,
state the purpose Of the war, the Intent Oh :,
violence that is offered against the onlcefs :
the law in the performance Of their ous'.
must have treasonable design. 1t must :. :.
design against the sovereignty of the s'ass :
that were not so every riot, every insurrecua' :.
every resistance to an officer, would consl's~
treason"
The definition of treason given by the sa :.
stitution of West Virginia is almost woio - =
word that of the Constitution OF the onhs'
States.
Treason against the state" it reads sA:. !.
consist only in levying war against IT, /
adhering to its enemies, giving them su =
comfort
1t is pointed out by the defense as'oi'.'