The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-10-18
BILL OF RIGHTS
FLUNG ASIDE IN
Mine WAR ZONE
Military Rules With Little
or No Regard to Law in
TayIorville, III.
BY DANIEL NJ. KIDNEY
Times STAFF Writer


this strife-torn Christian county,
word from the sheriff means more
than anything which the state or
federal Constitutions might set
forth in their bill of rights.
Already the word Of Sheriff C. H
Weinike has brought the quarter
ing Of A5o national guard troops
here, patrolng of streets to prevent
more than any three citizens loiter-
Ing, and, above all, the complete
ignoring of those ancient preroga-
tive writs of habeas corpus.
Since the military has appeared
on the scene Just TO help the
sheriff" hundreds have been lodged
in, the county jail, capias or any
other civil action for their release
have been ignored, and finally they
have been discharged without cere-
mony of indictment or trial.
Called According to HOyle
Yet all this sacrifice of civil liber-
ties is strictly according to Hoyle"
under the Illinois law, it is con-
tended here by Colonel Robert w.
Davis, whose command of the armed
forces make him virtual dictator of
Taylorville and all Christian county.
When he isn't national guarding,
Colonel Davis is editor and pub
Usher of a small town illinois daily
paper. He is philosopher enough to
have "rationalized' this soldering
he is doing to satisfy at least him
self.
He has been quartered here too
many weeks still to retain any hope
Of the citizens being satisfied with
the presence of soldiery in their
midst
Yet, withal, the ordering of Col.
Davis to command this situation
has been happy choice. He has
Kept as good face as possible in
the matter and, until Monday,
there had been but one casualty
caused by the soldiers shooting.
The Colonel Explains
Here is how Colonel Davis ex-
blamed the situation.
This town and county are not
under martial law Troops we're
sent here upon order of Governor
Emerson when the sheriff asked for
them, following a street fight be-
tween the two factions of miners.
$50 we just are here carrying out
whatever orders the sheriff may
give which, in his opinion, are need
ed to keep the peace.
Being soldiers, however, we oper-
ate under the army and navy code
and not civilian statutes. Under that
Code the gathering of more than
three persons for five minutes in
territory patroled by the military
constitutes a mob and shall be dis
dispersed"
Informed of this mob theory of
the colonel, many citizens who had
been "shooed' off the streets with
hayonets said that they had not
been in a group for more than five
seconds, let alone i've minutes.
No Writ Applies
But to continue with the military
mind on such matters as habeas
corpus, which have been part of
English jurisprudence since 1879.
mo writ of habeas corpus, capias,
or any other civil action applies
when we find it necessary to put
civilians in jail" Colonel Davis
continued.
I'VE have perfect right to ig-
more them. They are not recog-
aized in the military and naval
code"
asked at this juncture whether
that really isn't martial law"
Colonel Davis again asserted that
it is not. Pressed to explain, he
thought moment and then said
well, we do not try civilians, and
If this town were under martial
law we would hold military court
for them"
The difference thus far has been
to jail them without trial and re-
lease them at will.
hOlu OWH COurt
Colonel Davis did explain that
they hold military court for their
own offenders. Even now they are
in the midst of a court martial for
Corporal Russell Myers, charged
with firing the bullet which resulted
in the death of Andrew Gyenes, a
miner from Tovey near Taylor
vile.
Burial of Gyenes Sunday brought
out miners and citizens en- masse as
the first opportunity they had of
display ing their intense displeasaure
with quartering of troops here.
Even if one of his soldiers commit
murder, he can not be tried by the
courts here without first being
turned over to the civil government
by military court martial, under
Colonel Davis description of the
military and naval code" under
which they operate.
Three Courses Open
'Three things might happen in
the present case Colonel Davis
declared. THE soldier might be
found guilty and turned over to the
civil government for trial He
might be exonsrated, on the ground
that the shooting was performed in
line of duty. Or he might be given
military punishment if found guilty.
In no case can the civil govern
nasnt exercise any authority with
out military consent"
SO that's the status of soldiers
and civilians in Christian county,
III, today.