Montana labor news., 1934-07-26
FIRES ON COMPANY PROPERTY inside JOBS
Weir Replies To
Anaconda Company
Butte, Montana,
Tulv "a. 1884.

Anaconda Copper Mining Company
and Mr.. D. NJ. Kelly, Counsel.
Dear sirs:
I acknowledge receipt Of your let
ter OF July 2lst, also published in the
Standard and Post of this date.
You specify in general terms many
violations OF the Penal Code of the
State Of Montana and you charge
that those crimes are committed by
the people who are on strike, together
with others in sympathy with them.
In effect, you charge that the whole
body of the community is united in op-
position to you because the working
class of the community, their wives,
children, and dependents constitute,
practically, the entire population OF
Silver Bow County.
The remedy for the violations of
law that you specify in general terms
is, as you well know, to be remedied
by the filing of complaints, the issu-
ance Of warrants, the apprehension of
the persons charged, and their trial
before the proper courts in the man
ner provided by law. The courts of
Silver Bow County have been since
the beginning of this strike, and are
now, functioning. The district court
of Silver Bow County and the office
of the Clerk of this Court are open.
Complaints are being filed, informa-
tons are being filed, process is being
issued in both classes OF cases, and
process is being served in this county
without interference by any person
juries are being summoned and cases
are being tried in orderly fashion in
the court house without interference
from any source. The Justice of the
Peace courts Of Silver Bow and South
Butte Townships are likewise func-
tioning, and process in civil cases and
warrants in criminal cases are be-
ing issued without hindrance from
anyone The constables are serving
both civil and criminal process with
out interference from anyone. The
Justice OF the Peace courts are open,
they are hearing cases in orderly
fashion without interference from any
one. More complaints on the crimi-
nal side of the justice courts have been
filed during the sixty days succeed
ing the 9Th day of May, 1894, than
during the sixty days preceding that
date. The justices of the courts, the
constables thereof, the district court
judges and the clerk of the court ad-
wise me, and an examination of the
records support them, that the civil
and criminal courts of the county Gre
ated by the Constitution Of Montana
are performing their functions with
out interference of any kind, nature,
or character from any source what
soever.
None OF the crimes that you specify
in general terms in your letter have
ever been committed in my presence
or in the presence of any of my depu-
ties. If you or any of your servants
have knowledge of the commissions OF
specific crimes, of riots, routs, unlaw-
full assemblies, assaulting with rocks
and clubs, arson, and destruction OF
your private property, | assure you
that warrants issued upon your COM
plant or upon the complaint of any
of your servants made in the manner
provided by law will be diligently ex-
ecuted. If | am unable to do so, | am
aware that as sheriff | may-and
will-command the assistance Of as
many male inhabitants Of Silver Bow
County as may be necessary in over
coming resistance to the process OF
the courts. Suppression of unlawful
conduct for which you ask must be
accomplished, as you know, according
to the processes and methods OF pro-
cedure provided by law. | have no
more authority than you to make
wholesale arrests of persons suspected
by you of committing crimes. My
oath of office precludes me from vio-
lating the Constitution and the
statutes of the State of Montana and
the Constitution and the statutes OF
the United States of America. To take
people without process for crimes not
committed in my presence is a viola
ton Of my oath Of office and is a vio-
lation Of all the rules hat prevail
under our form OF government.
Your papers for the last two days
have been filled with stories, as is
your letter, of arson and attempted
arson. | have made an investigation
Of arson, attempted arson and dyna-
hitting of your property. | have
made an investigation Of the three
specific cases, namely, the fire of the
coal trestle at the West Steward, the
ice house at the Parrot and the dy-
namiting Of a flume on the east side
of the hill. From my investigation
of these three cases Of violence, it i:
my opinion that the damage in the
cases of the West Steward and the
Parrot fires was done by persons in
side the fences enclosing the two
structures. At the West Steward
armed men have been in possession Of
the West Steward yard since May 9th
There are four electric lights in the
yard, there is a twelve-foot fence al
the place where the fire started. The
inside of the yard is in possession Of
your agents and access to it could not
be obtained by any person climbing
the fence without challenging the at
~tention Of those inside the fence. Al
! the Parrot the property is enclosed by
a high fence and a locked gate with a