Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1922-12-08
THE RED MEMS ACT"

which many indictments have been
returned in recent years by grand
Jurles in the courts of West Vir-
ginia, is measure enacted dur
ing reconstruction days Immediate
ly following the Civil War, and was
intended primarily to suppress
secret organizations of maraudcrs
and rioters operating under the
names Of Red Men," "Regula-
tors" vigilance Committees" and
other cognonens, which carried on
reign of terror and pilfering,
murder and property destruction
during the troublesome times the
last half of the COS.
Contrary to the prevailing opin-
ion, the act has no connection
with the term "Red Neck" having
been enacted by the legislature
mre than half a century before the
latter term originated. The en-
preston of "Red Neck" had its
origin in the armed march of
union miners on the non-union
coal fields OF Logan and Mingo
counties in August and September,
1921. through the wearing of red
handkerchief around the neck by
members of the union army as an
identific alton mark. 1t was APP
piled as sort Of nickname by one
member Of company of the invad-
erS TO the other in much the same
manner as "Yank" and dough
boy" were used within the ranks
of Americas fighting forces in the
World War, and its use is not gen.
orally resented by those who
marched, on the non-union coal
fields in the southern part of the
state bent on organizing the non
union counics by force of arms and
releasing martial law prisoners from
the Mingo Jail.
Neither term has any particular
reference to radicals or bolshevists
frequently referred to as "Reds."
The Red Men act is covered by
sections nine and ten of chapter
148, OffenSes against the peace,
West Virginia code of laws, 1918,
and is headed Conspiracy to in
flict injury to person or proper
ty." Besides hundreds of indict-
mcnts returned by the grand juries
counties against participants in the
armed march under this act, on
which a change Of venue in one
hundred, or more cases was OBJ
tanned by defendants from these
counties to Jefferson county for
trial, there have been number Of
convictions under the act recently.
The most recent conviction was
obtained by the State in Poca-
honas county where Geo. Barrett.
an international organizer for the
United Mine Workers, was con-
victed for participating in acts in
connection with the dynamiting of
Willis Branch, on the Raleigh-Fay-
cite county line, where a coal town
was literally shot of the map in
1920 when owners Of the mine re-
fused TO operate it on q strictly
union bass.
The So-called Red Men act pro-
videS that eff two or more per-
sons combine Or cOnSpirc together
Tor the purpose Of inilicting any
punishment or bodily injury upon
any other person or persons, or
for The purpose Of destroying, in
jlTinS, taking or carrying away
any property, real or personal, not
their OWL" and in pursuance Of =
that conspiracy or combination
Garry out the objects" shall be
guilty of Il felony and confined to.
the pcnitcntiary not less than two
nor more than ten years" 1t fur
Their provides that "all persons who
shall be present, aiding or abct-
ing at the commission of any of
Tense" mentioned in the act "slall
be deemed conspirators within the
meaning of the act"
In succeeding section of the
act, the State is authorized 10 grant
immunity from prosecution to any
witnesses who turn States evil
dence III the prosecution of per-
sons under the act. While stating
specifically that no person called
as witness "shall be excused from
answering any question which may
be asked him as such Witness" the
law adds that mo such witness
who shall fully and truly answer
all such questions as may be asked
him touching his connection with
Or knowledge Of such conspiracy
Or combination, or Of the commits
sion Of the offcnSc charged i'm the
indictment, shall thcreaftc~ be
prosecuted or punished for the
same oifcnsc mentioned in the in
diCtmcnt upon which The ucCuScd
is bpirU tried "