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The Court-Martial of Mother Jones University of Kentucky UKnowledge Legal History History 1995 The Court-Martial of Mother Jones Edward M. Steel West Virginia University Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Steel, Edward M., "The Court-Martial of Mother Jones" (1995). Legal History. 1. https://uknowledge.uky.edu/upk_legal_history/1 The Court-Martial of Mother Jones This page intentionally left blank THE CouRT-MARTIAL OF MoTHER JONES EDWARD M. STEEL, JR, EDITOR THE UNIVERSITY PREss OF KENTUCKY Copyright© 1995 by The University Press of Kentucky Scholarly publisher for the Commonwealth, serving Bellarmine University, Berea College, Centre College of Kentucky, Eastern Kentucky University, The F!lson Historical Society, Georgetown College, Kentucky Historical Society, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Transylvania University, University of Kentucky, University of Louisville, and Western Kentucky University. All rights reserved. Editorial and Sales Offices: The University Press of Kentucky 663 South Limestone Street, Lexington, Kentucky 40508-4008 www.kentuckypress.com Library of Congress Cataloging-in-Publication Data The court-martial of Mother Jones I edited by Edward M. Steel, Jr. p. em. Includes bibliographical references and index. ISBN-10: 0-8131-1941-3 (alk. paper). ISBN-10: 0-8131-0857-8 (pbk.: alk. paper) l.Jones, Mother, 1843?-1930-Trials, litigation, etc. 2. Strikes and lockouts-Miners-West Virginia. 3. Courts-martial and courts of inquiry-West Virginia. 4. United Mine Workers of America-History. I. Steel, Edward M. KF223.J66C68 1995 344. 754'01892822-dc20 [347.54041892822] 95-11135 ISBN13: 978-0-8131-0857-5 (pbk.: alk. paper) This book is printed on acid-free recycled paper meeting the requirements of the American National Standard for Permanence in Paper for Printed Library Materials. Manufactured in the United States of America. ~.A~.A, I ~ Member of the Association of 'I~ • American University Presses CoNTENTS Preface vii Introduction Arrest 3 Habeas Corpus 13 Court-Martial 25 Writ of Prohibition 31 The Court-Martial Resumed 39 Sentences and Settlement 55 Repercussions 61 Conclusions 74 Notes 85 Transcript of the Court-Martial 97 Index 307 Illustrations follow page 52 This page intentionally left blank PREFACE In the spring of 1913, forty-eight civilians were tried in Pratt, West Virginia, by a court-martial of the West Virginia National Guard. The state government preserved no record of the trial, but the official transcript survived, and I found it while seeking materials for editions of the letters, speeches, and writings of Mary Harris "Mother" Jones. Although it appeared to be a significant discovery, I had to defer any close exploration of it until the completion of the other volumes. In the Introduction, I have placed the court-martial against the background of the Paint Creek and Cabin Creek strike, with the narrative centering on the figure of MotherJones. She was not present at the beginning of the strike in April1912, but she played a prominent role in the controversy from the end ofjune until the settlement of the strike a year later. She was one of the principal defendants in the court-martial, and she supplies the main threads connecting various aspects of the strike and the trial. Inevitably, to focus on her is to play down the role of her codefendants and the other strikers, but it gives coherence to many scattered events. Such a focus also shows her command of the techniques of protest-marches in the street that played to the newsreel cameras, mass petition movements alleging the invasion of civil rights, refusal to recognize the jurisdiction of a court, public protest rallies, and other appeals that impress the reader with their similarity to modem battles for public opinion. The trial took place seven years before the founding of the American Civil Liberties Union (ACLU) and may have been an example leading to the establishment of that organization, for Mother Jones was acquainted with Roger Baldwin, the founder and for many years director of the ACLU. She understood civil rights not only as an abstraction but from decades of practical experience as an agitator. In her career she faced injunctions, forcible deportations, threats of violence, and jail, though no civil court ever convicted her of anything more than a misdemeanor, such as making a public speech without a permit. She sometimes even provoked viii I THE CouRT-MARTIAL OF MOTHER jONES imprisonment so that she could play the martyr, and "raise hell in jail." Her comments in her autobiography and later speeches, as well as occasional interviews with reporters, throw light on the strike and trial. For details on the legal proceedings and the strike generally I have relied heavily on the three volumes, Conditions in the Paint Creek District, J#st Virginia (Washington: GPO, 1913), transcripts of the hearings of a subcommittee of the Senate Committee on Education and Labor, in which many of the participants gave sworn testimony. As James Hamilton has pointed out in The Power to Probe: A Study of Congressionallnvestigations(New York: Random, 1976), the congressional investigation is primarily a twentieth-century phenomenon, and it was the furor over the imprisonment of Mother Jones in part that brought about the creation in 1913 of the first subcommittee to investigate a labor controversy. Once the ice was broken, Congress went on almost immediately to authorize two more such investigations, into conditions in the copper mining industry in Michigan and in mining in Colorado. Another simultaneous investigation, the "Money Trust" hearings, helped prepare the way for the Federal Reserve Act, the Clayton Antitrust Act, and the Federal Trade Commission. Besides aiding in the creation of regulatory commissions, congressional investigations have continued to play a significant role in American government and politics, especially in the era of television. When the Senate held hearings in Charleston, West Virginia, in 1913, the now familiar proce­ dures had not yet been devised. Rather than relying on their own legal staff, the senators permitted lawyers for the coal miners and the operators to present witnesses and cross-examine them, almost paral­ leling an adversarial courtroom proceeding. Thus, the hearings often recapitulate the court-martial, but they also contain further evidence and self-justification by the participants. The Paint Creek and Cabin Creek strike of 1912-13 fits the analysis of the industrialization of Appalachia in Ronald D. Eller's Miners, Millhands, and Mountaineers: IndustrialiQltion of the Appalachian South, 1880-1930(Knoxville: University ofTennessee Press, 1982), but Eller's regional approach does not permit much attention to individual states. Since the West Virginia government and officials played such prominent roles, the general reader will find more pertinent back­ ground material in histories of the state of West Virginia, especiallyJohn Alexander Williams's J#st Virginia: A Bicentennial History (New York: Norton, 1976) and J#st Virginia and the Captains of Industry (Morgan­ town:West Virginia University Library, 1976). The Paint Creek and PREFACE I ix Cabin Creek strike has been frequently studied and written about. Winthrop D. Lane's Civil War in west Virginia (New York: Huebsch, 1921) set the pattern for much of the subsequent writing, emphasizing the violence and the disruption of society in a series of contests between the miners and coal operators that reached its climax in battles involving literally thousands of men in 1921. Nearly fifty years later Howard B. Lee's Bloodletting in Appalachia (Morgantown: West Virginia University, 1969) echoed the same themes. The widest-rang­ ing scholarly investigation of recent years is David Corbin's Life, WOrk, and Rebellion in the Coal Fields: The Southern west Virginia Coal Miners, 1880-1922 (Urbana: University of Illinois Press, 1981), an example of the new labor history that explores the development of a working-class culture among West Virginia miners. Rather than retelling the whole story of the strike, I have concentrated on those elements that contribute to an understanding of the legal history. This view brings into prominence the role of George S. Wallace both as a key advisor to Governors William E. Glasscock and Henry D. Hatfield and as the prosecutor in nearly all the cases that arose during the periods of martial law. Fortunately, he gave to the West Virginia and Regional History Collection a substantial body of papers, some of which bear on the strike and the trial. The transcript of the court-martial by the official court reporter is preserved in several forms. A bound version, consecutively pagi­ nated, is to be found in a collection entitled "West Virginia Mining Investigation Committee." It contains some editorial instructions for printing. Page 387 (of 445) is blank except for the notations, "Mother Jones' Speeches," and a separately paginated volume holds transcripts of five speeches. The GeorgeS. Wallace Papers contain a second copy, unbound but in stapled sections, some of which bear the notation "Wallace's copy." A third version, in the collection entitled "Coal Strikes. Records. 1912-1914," is the apparent source of the preceding two and consists of the transcribed notes of the court-martial, each session a separate unit, with typed copies of the written evidence submitted as additional units. Some of these sections bear handwritten directions for joining to other sections. A comparison of these three transcripts shows discrepancies mainly in pagination; for convenience, the bound copy was used. Anyone who tries to reconstruct a trial from a transcript soon finds deficiencies in that source.
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