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
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West Virginia Judge Reject Miners’
Plea Against Gov. Hatfield.
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 prisonersheld 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.
Hellraisers Journal – Friday March 14, 1913
Pratt, West Virginia – Mother Jones Seriously Ill, Awaits Verdict of Militia Jury
From The Hinton Daily News and Leader of March 13, 1913:
MOTHER JONES IS NOW SERIOUSLY ILL
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The Fate of the 49 Strikers Are Now
In the Hands of the Militia Jury
of Six Soldiers-Verdict Soon
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Mother Jones in West Virginia with Children of Striking Miners
Charleston, March 13.-Mother Jones is reported to be seriously ill at the Military Camp at Pratt. She broke down completely and had to be carried out of the court this morning. She is getting the best of attention. Repeated adverse decisions seems to have the best of the labor worker and the condition may be serious.
The fate of the forty-mine miners and others, who are charged with violating the rules of the militia in the strike zone, are now in the hands of the military jurors, six in number. The last of the evidence for the prosecution was given yesterday and later there appeared two witnesses for the defense. With the close of their testimony, the cases then went to the soldier jurors.
Hellraisers Journal – Friday March 7, 1913 Charleston, West Virginia – State Supreme Court Rules against Miners
From The Wheeling Majority of March 6, 1913:
(Labor Argus Service.)
Charleston, W. Va., March 7.—(Special.)-By an order handed down by the supreme court of West Virginia on last Friday, Mother Jones, Charles H. Boswell, Charles Batley and Paul Paulsen were remanded to the custody of the military commission at Pratt. The court, after having the question of the legality of the military commission argued before it for five solid hours, with its customary evasiveness, said it was not called upon to decide whether the military commission had power to try the petitioners. It being apparent, said the court, that the governor has power, under the law, to detain rioters during the continuance of the disturbance, they would not release the prisoners nor turn them over to the civil courts for trial.
In the face of this dodging attitude of the court, the attorneys for the coal interests and the military court admitted that they were going to try the petitioners before the military commission. The court, however, ignored this fact and refused to give the petitioners a trial to jury, as is provided by the state and national constitutions.
Immediately following the action of the court the military authorities announced they would begin the trials of their victims on March 7. The attorneys for the miners, H. W. Houston and A. M. Belcher, refused to prostitute their profession and lend the color of legality to this anarchial proceeding by appearing before the commission. Their advice to the prisoners is to refuse to have counsel or witnesses and to refuse to answer any questions of the tin-horn bunch of khaki jurists.
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A Few Remarks
BY WALTER B. HILTON [editor of The Wheeling Majority]
HATS OFF to the striking West Virginia miners. They are putting up what is probably the best industrial fight ever waged by American workers. They have had used against the [very best] weapon that the capitalist class could buy with the money that was stolen from the miners in the first place. Thug ‘‘guards” were first employed, then the military and finally the courts. All were at the service of the coal barons of the state and all were hurled at the little fighting group of mine workers. And still they have not been crushed. Hundreds of them have been arrested, dozens have been sentenced, dozens have been killed, and yet such is their glorious spirit that the coal strike is not crushed.
The Kanawha county miners have shown the world an example of working class solidarity and splendid courage. Much of the credit is due “Mother” Jones, that wonderful old woman who went up in the regions controlled by the mine guards, places where no man could go, and agitated and educated and federated. Men organizers had tried it before, only to be beaten by the hired thugs and driven out. Some were killed. But for more than a year they feared to touch this little old woman, who carried her eighty years with her as she tramped the roads, climbed the mountains, walked the cross ties and waded the creeks, carrying the message of industrial solidarity to the thousands who, before her coming, were hopeless.
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
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“Mother” Jones and Other Military Prisoners Subjects of Habeas Corpus Writs. ———-
THEY WANT CIVIL TRIALS
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(SPECIAL TELEGRAM TO GAZETTE TIMES.)
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.
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