Tag: West Virginia Martial Law 1913

Hellraisers Journal: West Virginia Supreme Court Affirms Martial Law and Military Commission in Case of Mother Jones, Editor Boswell, and UMW Organizers

Janet RayeHellraisers Journal
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Quote Mother Jones, Willing to Die for Miners Cause, WDC Tx p14, Mar 12, 1913—————

Hellraisers Journal -Monday March 24, 1913
Charleston, West Virginia – State Supreme Court Upholds Martial Law

From The New York Times of March 22, 1913:

COURT AFFIRMS MARTIAL LAW
———-
West Virginia Judge Reject Miners’
Plea Against Gov. Hatfield.

WV Militia v Miners n Mother Jones, Missoulian p6, Feb 21, 1913

CHARLESTON, West Va., March 21.-In an opinion handed down late to-day the Supreme Court of Appeals affirms the right of the Governor to declare martial law and appoint a military commission.

The opinion was rendered in the case of “Mother” Mary Jones, Charles H. Boswell, Paul J. Paulson [Paulsen], and Charles Bartley [Batley] against Gov. Hatfield and members of the military commission, asking for a writ of habeas corpus to compel the Governor and military authorities to turn the petitioners over to the civil authorities. The petitioners denied the right of the Governor and the military commission to try persons apprehended outside the military zone of the Kanawha County coal fields.

The opinion, which was written by Judge  Poffenbarger, President of the court, holds that the Governor has the right to arrest out of military district all persons who shall give aid, support, or information to persons within the zone who break the laws. It further states that the Governor and military commission have the right to detain or imprison persons apprehended outside the martial law section. The court does not think the declaration of martial law or the creation of a military commission contravenes the Constitution of the Stale or of the United States.

Martial law will be continued indefinitely in the Kanawha coal field. Gov. Hatfield so announced to-day at the close of his personal investigation of conditions in the district.

He intimated that a rebellious spirit was being fomented by persons outside the district and threatened to arrest the agitators. He said:

“I am satisfied that by doing this I shall be well within the limits of the executive power and authority, and at the same time I will in this way obtain a further knowledge of the purpose of those who are rebellious for use in the determination of the question of the wisdom of resort to more extreme measures as a means of restoring the supremacy and due administration of civil laws…..”

Gov. Hatfield late to-day released four prisoners held by the military authorities in connection with the strike troubles. This makes a total of twenty-nine prisoners held by the military authorities who have been freed by the Executive within two days. Most of these, it is said, have never been tried, but several have important evidence against other prisoners. 

[Photograph and emphasis added.]

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Hellraisers Journal: Coal Barons Rule West Virginia; Mother Jones, Socialist Editor and 150 Miners to Be Tried by Military Court

Janet RayeHellraisers Journal
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Quote WB Hilton re Mother Jones Courage, ed Wlg Maj p10, Mar 6, 1913—————

Hellraisers Journal – Saturday March 8, 1913
Charleston, West Virginia – Coal Barons Own State Government, Rule Over Miners

From the Chicago Day Book of March 7, 1913:

HER NATURAL DESERTS

WV Militia v Miners n Mother Jones, Missoulian p6, Feb 21, 1913

Little West Virginia is having big troubles. She deserves most of them.

For years, her politics have been, a cesspool of corruption, her contributions to the U. S. senate, for instance, being silly, caricatures upon the word “statesmen” and their selections being brazen travesties upon the term “self-government.”

The other day, a legislator, a minister, got up in the assembly and announced that his pockets had been stuffed with money to induce him to vote for a certain man for U. S. senator. The arrests of four representatives and one state senator followed. Last Thursday it took an entire police department to put down a riot in the capitol at Charleston. Rotten politics begets rotten conditions, and West Virginia has earned what she has got.

West Virginia has permitted her “coal barons” to treat their workmen like dogs. There has been bloody, warfare in the Holly Grove district. Six companies of militia are there, the third invasion of troops in less than a year. The governor is averaging three proclamations of martial law per week. “Mother Jones,” the well known friend of the miners, an editor and two labor union officials have been jailed as “accessories before the fact” in the death of a man killed in one of the riots. The Ettor case over again, you see.

The military court has 150 cases against strikers to pass upon. And the governor is compelled to borrow the money to promulgate his declarations of martial law. Such are West Virginia’s industrial, or economic troubles. She has earned them by foul liason with the vilest gang of monopolists that ever debased a community and looted her resources.

But maybe there’s hope for even West Virginia. Some of her citizens are being shot or arrested, and some of her editors are going to jail in behalf of the right of free speech, Such things seem to be the beginnings of reforms now-a-days.

[Photograph and emphasis added.]

From The Daily Missoulian of February 21, 1913:

WV Militia v Miners n Mother Jones, Missoulian p6, Feb 21, 1913

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Hellraisers Journal: From the International Socialist Review: Coal Miners’ Fight for Union in West Virginia by Leslie H. Marcy

Janet RayeHellraisers Journal
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Quote Mother Jones Buy Guns, Ptt Pst p1, Feb 14, 1913—————

Hellraisers Journal – Saturday March 1, 1913
Kanawha County, West Virginia – Coal Miners’ Continue Long Fight for Justice

From the International Socialist Review of March 1913:

The Fight in West Virginia
-by L. H. Marcy

WV Militia Escort Prisoner Miners, ISR p391, Nov 1912

The Fight in the Mountains

Two months ago it looked as though the West Virginia miners would win their long fight against the operators. As cold weather came on and troops and police drove the families of the miners off company property, they were not permitted to stop on public land. So the miners secured tents and took their families and few belongings up into the mountains.

And all through the cold of winter, they have gathered together to talk unionism and Socialism and to weld the group into a band that would hold out until the strike was won.

The company-employed trouble-makers have been always on the ground looking for an opening to start something. Children have been kidnapped; women have been assaulted. Men have been deliberately picked off and shot by brutes hiding in ambush.

There occurred many clashes between “guards” and strikers. It seems to be the business of the “guards” to kill a few miners now and then to stir the others into violence.

The miners who have withdrawn from the property district of the mine owners, who have taken refuge for their families in the mountains ARE NOT TO BE ALLOWED ANY PEACE.

Sheriff Hill of Kanawha County, with a posse of twenty-five deputies was unable to enter the strikers’ camp. The miners declared he was going too far to try to take armed men into their peaceful camps after the mine owners’ thugs had virtually driven them into the mountains by actual murder. All approach to the miners’ camps were carefully guarded by strikers who occupied commanding positions on the mountain sides.

The mine owners were at their wits end. The United Mine Workers promised the strikers aid. The strikers swore they would GAIN something or stay out forever.

Then came His Honor, Governor Glascock, the colleague of Theodore Roosevelt, the vaunted PROGRESSIVE-the “friend of the workingman.” Five companies of militia were ordered to the scene and a sixth company called from Mucklow. Martial Law will probably be declared again.

Put this where you will never forget it. This Progressive Governor has shown himself more surely the servant of the mine owners than any old time politician could possibly have done. He has sent troops into the mountains who will SEARCH OUT and shoot innocent women and children and miners who have been persecuted in their retreat.

Telephone and telegraph wires have been cut. More troops are on their way to the mountains. February 11, at the first encounter, the long range rifles of the militia killed thirteen miners and wounded fifteen more. The capitalist papers report that “three mine guards were also killed.”

If there has ever been any doubt in your mind before, this strike ought to be an eye-opener, as to the functions of capitalist governors and the militia.

The CHIEF FUNCTION OF THE ARMY IS TO BREAK STRIKES. Gov. Glasscock seems to feel it his chief duty to serve the mine owners in their efforts to crush the mine WORKERS. This was the consistent attitude of the First Progressive Leader in all troubles between capitalists and laborers.

Report comes in that several hundred miners, employed in a union mine near the Kanawha District, have armed themselves and started for Paint Creek, declaring they will avenge the death of their comrades who were shot by paid thugs, hiding in ambush.

The United Mine Workers have promised a $200,000 monthly benefit assessment for the striking miners.

The strikers have learned to fight, in and for, One Big Union. They are learning, in this strike, that they must put their own men in office to USE THE TROOPS IN THEIR BEHALF NEXT TIME.

[Emphasis added. Photograph added from ISR of November 1912]

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Hellraisers Journal: W. V. Strike Leaders, Mother Jones and Other Military Prisoners, Are Subjects of Habeas Corpus Writs

Janet RayeHellraisers Journal
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Quote Kintzer re Mother Jones, WV Angel, ISR p393, Nov 1912—————

Hellraisers Journal – Wednesday February 19, 1913
Charleston, West Virginia – Strike Leaders Seek Civilian Trials

From the Pittsburg Gazette Times of February 18, 1913:

Paint Creek Strike Heads Seek Release
———-

“Mother” Jones and Other Military Prisoners
Subjects of Habeas Corpus Writs.
———-

THEY WANT CIVIL TRIALS
———-

(SPECIAL TELEGRAM TO GAZETTE TIMES.)

Mother Jones, Tacoma Tx p3, Feb 14, 1912

CHARLESTON, W. VA., Feb. 17.-On account of the issuance of writs of habeas corpus, returnable forthwith, against Gov. William K. Glasscock, Adjt. Gen. Charles D. Elliott, Maj. James I. Pratt, president, and the four other members of the military commission appointed to try cases in the martial law district, the military commission has been stopped in the trial of persons under arrest as members of the commission must appear in court tomorrow to argue the writs.

“Mother” Jones, Paul J. Paulson [Paulsen], Charles Boswell and Charles Batley, for whom the writs of habeas corpus were asked today, have not been brought to Charleston and will not likely be brought here unless the court tomorrow insists on their presence while the question of whether the prisoners shall be turned over to the civil authorities is being argued. This action compels the military authorities to produce what evidence they have against the prisoners for the court to determine whether the military commission has jurisdiction. The right of the governor to declare martial law and cause a military commission to be appointed to try all cases, is also to be determined.

The question of the governor’s right to declare martial law was decided in the affirmative in the Charles Vance case, but the right of the military commission to try persons arrested outside of martial law territory has not been determined. Attorneys for the accused believe the court will hold that the military commission has no authority in such cases and that the accused must be tried by the civil authorities, although the alleged offense was committed in what is now a martial law district, previous to the declaration of martial law.

The provost marshal, Capt. John C. Bond, reports no disturbances in the district today. It is known, however, that the militia is searching for persons wanted in connection with some of the recent disturbances.

[Photograph and emphasis added.]

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Hellraisers Journal: Mother Jones, C. H. Boswell and Others, Held at Pratt, to Be Tried by West Virginia Military Commission

Janet RayeHellraisers Journal
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Quote Kintzer re Mother Jones, WV Angel, ISR p393, Nov 1912—————

Hellraisers Journal – Tuesday February 18, 1913
Pratt, West Virginia – Mother Jones, Editor Boswell Held Under Martial Law

From the Akron Beacon Journal of February 17, 1913:

Mother Jones n Editor Boswell Held Under WV Martial Law, Akron Bcn Jr, p1, Feb 17, 1913

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Hellraisers Journal: Mother Jones Arrested; Holly Grove Captured and All the Men of the Town Taken into Custody by Militia

Janet RayeHellraisers Journal
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Quote Mother Jones Buy Guns, Ptt Pst p1, Feb 14, 1913—————

Hellraisers Journal – Monday February 17, 1913
Charleston, West Virginia – Mother Jones, Editor Boswell, and Organizers Arrested

From The Pittsburgh Post of February 14, 1913:

“MOTHER” JONES ARRESTED;
MINE TOWN CAPTURED
———-
Socialists Charged With Inciting Rioting;
Militia Surrounds Miners’ Village.
———-

RIOT CALL AT CAPITOL
———-

(SPECIAL TO THE POST.)

Mother Jones, Tacoma Tx p3, Feb 14, 1912

CHARLESTON, W. Va., Feb. 13.-The arrest of “Mother” Jones, famous agitator; C. H. Boswell, editor of a Socialist paper in this city; Paul J. Paulson [Paulsen], of the international organization of the United Mine Workers of America; Frank Bartley [Charles Batley], a Socialist leader, and others here today, brought rapid developments in the Paint Creek strike situation.

“Mother” Jones and her associates are charged with conspiracy and as accessories before the fact in the death of Fred Bobbett, bookkeeper of the Paint Creek Colliery Company in Mucklow. “Mother” Jones, in a speech in Boomer last night is alleged to have urged the miners to come to Charleston today and “take” the capital. She was arrested this afternoon on one of a number of warrants issued, and with her associates will be taken before the military commission.

“Mother Jones” is reported as having said:

Buy guns, and buy good ones; have them where you can lay your hands on them at any minute. I will tell you when and where to use them.

Mother Jones, it is reported, held a meeting in Longacre, two miles below Boomer, at 10 o’clock this morning, and urged striking union miners to refuse to heed orders of the union president to return to work.

A rumor that miners were coming here to take the State capitol caused a sensation. When some miners and citizens began to gather a riot call was sent in from the capitol building, and the local police under Chief Albert Guill rushed to the State house. The streets about the building were crowded with people, most of whom, however, were drawn there by the riot call.

CAPTURE WHOLE VILLAGE.

Detachments from the troops stationed in the strike zone this morning surrounded the village of Holly Grove, which has been the hotbed of trouble makers since the strike broke out, and captured 68 men. With the men a large quantity of arms and ammunition was also taken. Every man in the little town, which is composed of tents and huts, was taken into custody. The women and children were not disturbed.

According to the military officials commanding in the strike zone, all the rioting and attacks made on troops and workmen have had their inception in Holly Grove. It was from this rendezvous that the strikers were wont to sally forth in parties and fire on the guards and others, in the Paint Creek valley. At the time the raid and arrests were made the population of Holly Grove was far below normal. Ordinarily there are several hundred strikers in the little town.

The 68 men arrested were taken to Paint Creek Junction and placed under a strong guard. With the 60 men who had been arrested previously and taken to Paint Creek Junction, today’s arrests swell the number in custody of the militia officials at that point to 128 men.

EXPECT TO CONVICT RIOTERS.

The militia admit they may not be able to prove that all the prisoners were implicated in the disorders in the Paint Creek region, but that they will be able to connect many of the suspects with the outrages, they say they have no doubt.

According to the civil authorities, who were in charge in Mucklow during the battle fought at that point last Monday night, the men implicated came from Holly Grove, and after the trouble had quieted down, returned to the little village and hid their arms.

The military authorities have not been able to get a copy of the proclamation issued by the miners in the Smithers Creek district, which declared they would “tear the heart of the sheriff, kill the governor and wipe the militia off the map,” although it is said that copies of these proclamations were posted in many conspicuous places throughout the district. Especially were copies of the notice freely distributed throughout the district where the foreign population is in the majority.

Four additional companies of militia were ordered to the strike district to-night by Governor Glasscock. Two are from Parkersburg, and one each from Morgantown and Sutton. Six companies are now in the field.

SAYS DEATH LIST IS 28.

HUNTINGTON, W. Va., Feb. 13.-That the death list in the Cabin Creek riot will total 26 instead of 16, is the statement of W. O. Robbett [Bobbitt], a mine superintendent, who brought his brother, Bob Robbett [Fred Bobbitt] who was killed in the riot, to this city for burial. Mr. Robbett [Bobbitt] made the positive statement that there were 24 miners and two mine guards, one of whom was his brother, a volunteer, killed.

[Photograph and emphasis added.]

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Hellraisers Journal: Mass Protest Meeting Held in Wheeling; Mother Jones Speaks on Behalf of Striking West Virginia Miners

Janet RayeHellraisers Journal
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Quote Fred Mooney re Mother Jones at Cabin Creek Aug 6, 1912, Ab p27—————

Hellraisers Journal – Friday January 10, 1913
Wheeling, West Virginia – Mother Jones Speaks at Mass Protest Meeting

From The Wheeling Majority of January 9, 1913:

Protest Meeting Well Attended
———-

Mass Meeting Scheduled for Sunday w Mother Jones, Wlg Maj p1, Jan 2, 1913
The Wheeling Majority
January 2, 1913

The mass meeting held last Sunday afternoon to protest against the conditions being inflicted upon the striking miners of this state by heartless coal barons, and to insist upon a federal investigation of the coal mine industry in West Virginia was a great success. The Victoria theatre was crowded long before the hour for opening the meeting had arrived, and close attention was paid to the teaches and great interest shown on the part of the audience—an interest which proves that the working class is awakening to its own desires and that the days of inhuman exploitation in the coal mines of this state are numbered.

The meeting was held under the auspices of the Ohio Valley Trades & Labor Assembly, in behalf of the United Mine Workers of America, and T. J. Hecker, of the Assembly, called the meeting to order and introduced Harry P. Corcoran as chairman.

H. P. Corcoran Chairman.

Mr. Corcoran made a brief talk, explaining that the meeting was non-political and non-sectarian, and that it was held in the attempt to arouse public sentiment to demand a federal investigation of conditions in the West Virginia coal fields, and the passage of remedial legislation by the present legislature.

Marco Roman.

He introduced Marco Roman, international organizer of the United Mine Workers, who spoke briefly in Italian, giving a history of the present conflict.

Attorney Houston Speaks.

H. W. Houston, attorney for the Mine Workers, followed, stating that he was making an appeal from the supreme court of the state to the “Court of last resort—the people.” He reviewed the granting of political concessions in governments from the Magna Charta almost 700 years ago, and said that all these concessions would now be worthless until we abolished industrial slavery. Modern government, he said makes workers be good while it robs them. Courts are daily twisting old decisions in order to keep the workers in subjection. He cited the Hatters’ case, the Iron Workers case, and the Ohio county case where, before Judge Nesbitt, it was held that when workers combine and keep another fellow out, they must respond in damages, but when he asked if employers could be held if they combined to discharge men in malice and blacklist them he received no answer.

He said that Governor Glasscock established martial law while the courts were open, which is a violation of the state constitution. Then there were no jury trials, and no chance to cross examine witnesses. All the criminals of the state, he said, had never violated the basic law of the state as had Governor Glasscock. The military authorities used the words of Wellington to justify their deeds: “That martial law was the will of one man.”

The miner Nance [Silas Frank Nantz], whose case the supreme court refused to dismiss, was always an aggressive fighter for unionism and because of that he was arrested without warrant by the military authorities for an alleged offense committed eight days before martial law was established, and, although the penalty in law for the offense provided a maximum punishment of but one year in jail or $500 fine, he was sentenced to five years in the penitentiary. He quoted the opinion of the U. S. Supreme court in the case of Nance was not unanimous, even Judge Ira E. Robinson dissenting, saying: “I stand for constitutional law.” Attorney General Conley, also, refused to stultify himself by defending the state’s unwarranted action before the court.

Mother Jones.

“Mother” Jones was next introduced and spoke for nearly an hour in her accustomed vigorous style. She recited with much detail the horrors of the situation throughout the strike region. She stated that this fight had begun twelve years ago and told of the first meeting ever held. Contrary to general opinion, she said, she had not been in jail often, but had had that honor only once, when Judge Jackson put her in jail at Parkersburg.

When she came to West Virginia she had been working for the shop men on the Harriman lines, then on strike, and she came down to help the boys she knew. When she got here they told her that a stone wall was the dividing line in the Cabin Creek region and that no organizer was allowed behind the wall. She replied that no wall had ever been built by capitalist robbers high enough to keep her out and she proceeded to go in. And she had been in ever since, except when she came out, as she was out now, to tell the people of this state and country about the conditions that existed behind that wall.

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