Show CIVil COURTS VERE ST SET ASIDE ASID Members of West Virginia Military Commission Describe Operations of Martial Marti l L Law w in inthe inthe inthe the Coal Strike Regions PRISONERS SENTENCED AT SECRET SESSIONS State Constitution and Laws Suspended During Insurrection Insurrection tion Authorities Tell Senate Senate Senate Sen Sen- ate Investigating Committee C W. W T Va Tra June Junc 11 r Wat ra ar time rule in the tho coal strike I regions of West Y cst Virginia was de described described de- de e- e scribed before tho the Senate mine investigating investigating in in- committee here today Two members of the tho military commission corn com mission which at three different times has assumed absolute control over Iyer some sonic square miles of West Vest Virginia territory testified this aft aft- Tho They were Capt Charles R. R Morgan a lawyer and laj XEaj James T ames I. I Pratt who was president of the second sec see second ond military court which took charge of the thc strike district Both Doth told the committee that their proceedings were conducted without regard to the civil ci laws of the tho state that they arrested arraigned tried and convicted convicted con con- offenders in the strike zone without recourse to process of civil civi courts and they imposed sentences without regard to the tile limitations imposed by the tho statutes of W West cst Virginia Vir Vir- ginia ginia We considered the entire strike district district dis dig was In a. a state of or actual warfare said Captain Morgan and we act acted d ac according according according ac- ac cording to time till procedure of or the States arm army In time of ot war Constitution Suspended But the constitution of ot the state slate provides interjected Attorney Monnet Monnet Mon olon n net t for the tho miners that the military shall be subordinate to the civil power and no citizen unless engaged aged in military mill mili tar tar tary service of the state shall be tried court for Cor or punished In any military any offense that is cognizable by b th civil courts o of the slate state My Ms 1 un understanding was replied Captain Morgan that during this state of oC insurrection which prevailed the constitution o of the tho state o of West est Virginia Vir ginia had been suspended b by the acts of or these men who were burning killIng killing kill kill- Ing Int and amI de destroying property You believed the constitution had hind been suspended Senator Borah Yes res sir replied the military oW- oW cl cei That 1 I is wo we e believed these men had suspended s d the thc constitution and thaIn that tha In order to perpetuate tho state o ot of West cst Virginia and restore the tue tion we were j Justified ii in I using ex extreme ox- ox measures Captain Morgan forsan declared that the thc Continued on Oti Page 2 2 Column 3 j t President ent Cancels S Carters Carter's Appointment r Washington June I 11 An I.-An An echo cho o of or f. f Yesterdays Yesterday's session of ot the tIme Senate lobby Investigating committee ro iv 11 Ui White Hois Hoa today w len 1 R I. vas v. cr ri x t er co covered d that former Governor Car Ctr of ot Hawaii was nas on the enSa engagement Ii list t of ot President Wilson lson Mr Ir Carter Cartr iest tied fled yesterday est r Jay nb about l his effort font to cle feat eat free fre sugar and told the committee committe C that although the thc President hid had n mad adt ad an en engagement to see him pem S Secretary had refused 11 t t. t tl arrange ar ni- range a n meeting meeting- f for r Hawaiian S s- s r r producers Tho President J read ad the testimony S. S and sent scat word to Mr Ir Carter that h he hc bogged begged to be excused from rein the litter Inter low which had been arranged 5 several severa c al 1 days dars ago for noon todo today 1 I I i CIVil COURTS SET ASIDE BY MILITARY IN WEST War Time Rule Described to tc toU t tU o U Uc S S. S Senate Committee by Authorities Continued orom Page Pae 1 military commission ion believed helie that It Its W s authority was unlimited under the general gen gen- en eral order issued b by Go Governor Gornor Glasscock Glasscock Glasscock Glass Glass- cock which provided the tho military com coni commission mission Is substituted for the criminal le courts of or tho the district covered by th the li e martial m law proclamation and al all offenses of lenses against t the thc civil cl laws as the thc they existed prior to tho the proclamation o of 01 f No November 15 15 1912 shall bo be regarded reg d fd fd as offenses under the tho military law aw an anIn and andIn d In punishment the tho military militar y commission can cnn Impose such sentences either lighter or heavier than those Imposed Im mi pos posed d under the civil law as In their r Judgment tho the offender may merit Both Captain Morgan and Major Majo r Pratt asserted that the tho commission felt fel t that the commission was wa not regulated regulate d b by tho the civil U statutes which limited limite d punishments and Major Pratt gave o od several ral examples of ot sentences Imposed Impose d by br the commission exceeding time the statutory statutory statutory stat stat- punishment Men In Jailed by i- Military Court A dozen pictures of ot n men men mn clad In prison pris pris- on oil clothing aol and with heads shaved were Identified b by Major Pratt as ms m men n who ho had been sentenced b by tho the mil military lary y commission and sent mant to Jail One was wa aM aMien s given i seven and a a. half halt years for perjury perjury per pcr- jury Jun so several ml others wore given Riven hen three four tour and five year yeam car terms term for tor Interfering ing with officers Was there an any indictment or other othe r civil process presented against these thes e re men asked d Senator Borah No so 0 answered Major Pratt the they were arraigned on charges and specifications sped sped- prepared b by the Judge c advocate advocate o ad cate cato general Senator Borah Dorali elicited tl that Captain Captai n Morgan as s a lawyer cd there was wa s no rio appeal from the decision of ot the commission com coin ml mission slon if approved b by the governor o except to the supreme me court of ot th the e United States Then Theil a man n did Id not have to commit t a statu statutory tor offense ottense to make maleo himself himsel eH f amenable to th the action of your OUI commission commission com coin mission I asked Attorney No Xo You Vou could arraign n him for tor anything g that In your estimation was as an of off offense of- of f Yes except that the governors governor s proclamation specified statutory of ot- ot tenses Held Sf Secret Sessions Senator Marline a cert ascertained that tha t after th the commission had prepared th the e te testimony In a case it w went vent nt Into secre secret t session executed secret findings s after r the manner of ot a verdict and sent them ri i to th the thi governor Then the lie 1001 poor devil did not l kno know now w what shat you OLi dad done with him him until h he we e was gobbled up and amid carted awa away t to o the penitentiary suggested the Ne New ow w J Jersey cr t senator right answered red Captain Captai n Morgan and the spectators smiled It was as developed that as IS man many a as s nine forty men accused were wore tried a aone at atone atone st t one time tinie I by tho time commission There was not opportunity given a aman aman man mart to secure a new trial on the time discovery dis dis- covery coey of new evidence no opportunity y to give gi ball baU no possibility of or the tho arc ance of ot ota a a. stay of or execution your OUI do do- do cl lon wa was first t last lust and amid final sug sug- getel Mr Yos Yes answered Captain Morgan 1 Hid fiad Sentenced a man to death deat h there was no wa way va of ot stopping the execution exo exe cution If Ie tho the governor go approved it asked cd Senator Borah Lorah I We c did not contemplate Imposing g death sentences cn replied the witness neP Describe Adjutant General Charles D D. Ellio Elliott tt tout in iii graphic fashion of oC battles battle s beLeen mine guards g and tot ti a t i and ani HolI Holly Grove Grovo In th the e er I t section He told of or ar- ar a r- r cd u-ams u carr carrying machine guns gun rs s tutu swept through h the time strike district t ami nn I stories of ot men d null arid snot down At least a score o of or f nes lIes wore were detailed b by him I In n ill all 01 or which men were ere killed o or r sou Elliott told of the capture b by y lh the tate state troops of oC six deadly machine machin e guns un capable or of firing shots a minute minute min mm- ute arm UIl l OOOO rounds of or ammunition n. n He Ia Identified photographs of ot a a. shee t Iron lion fort Olt built by mine guards at al Muck luck low how and anel told of or tho the capture of ot hundreds hun hun- of ot man man killing of ot f guns Juns man many o them hidden bidden out In iii hollow trees an and d moun mountain lain caves es after tho the militia too took k kd charge chargo of oC the time strike district Itched unities Trains he held cl up mine tipples burned burne d pitched battles between mine mimic guards guard s and sail miners were all detailed by General Gen Gen- oral ui-al Elliott who said that all o of these thes e affairs were reported to him He de do tailed a general genera en engagement at Muck Muck- low Holly Grove on Paint creek an and d Ronda Cabin creek creel February 10 when n a mine bookkeeper and a miner named name d Estep were killed This resulted In da a second declaration of or martial law and an d dt dd General Elliott said aid that when he went t Into the fields with Ith troops on thi the tho o night of oC February 10 a dynamite bomb bom b was found on the railroad tracks ahead d bd of ot his troop train All SAil of these affairs were between betwee n mine guards and strikers strikers' said the tho th ne e general Tho The militia had nothing t to o do with them and I know of or them only y through Information brought to mo inc b by y both sides General Elliott avo the committee committe e documents showing tho the operations o or of f the military which took charge of ot tho th e strike district during the tho first martial marti al law period and showing showing- the disposition n made of oC prisoners Take Up Us' Peonage Inquiry I I think the committee has about abou t ample testimony on this branch of ot the li e Inquiry remarked Senator norah Borah The Tho e statement of or facts seems full tull and com corn Senator Borah took up tonight testimony tes tes- produced by tho the mine workers worker s as fiS to charges that peonage obtains i Inthe in inthe n the Paint 1 and Cabin creeks sections A hundred miners came In from the tho hills hill s toda today and tho the attorneys s 's for tor or the tho mine min mineworkers e workers cn weeded out the thc witnesses s the they y wanted to call In connection with this thi s branch of oC tho Inquiry The committee decided to divide dl h up f the Inquiry tomorrow allowing Senator Senator Sen Semi ator Borah Borab to proceed alone with lil his hs a peona peonage o Investigation and probably y ay have ha Senator Kenyon begin an Individual Individual Indi Indi- vidual Inquiry Into general conditions condition s In tho the strike zono zon while t the lie remainder r of tho the committee covered ered the tho other oIlie r rr branches of or n the thi |