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The Socialist and labor star. [volume] (Huntington, W. Va.) 1911-1915, April 03, 1914, Image 1

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Trades SiL^otC
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' CotiPRomsE.
;!. NUMBER 42.
Mobbed By Hatfield, ei at
Sandbagged By the Supreme Court
. u> except -J Lui?i*e Ira Robinson from any criticism
supreme court in the following article, lie has
:;y dissented from the outrageous opinions and tie- I
> colleagues, in the martial law cases. lie appears
: those old-fashioned .judges who actually believe
?a ere put on the statutes to be enforced against all
_:;"<iiess of their wo rid y accumulations and positions
Me utterly fails to o-i-asp tiie fact that the famous |
? >nal rights of the citizens" are now administered to
- with a bayonet, lie is. in fact, entirely out of place !
.vme bench of this state.
:u!ding the Hands of Those In Authority" The Servile j
Tools of Greed Auain Use Stilleto on Justice.
. ay the supreme court of West Virginia drove another'
te lid of the cotfin in which is interred the last remains
? ??vt the citizens of this state once had for their courts.
. ,.:vd tlie growing contempt in which every honest man
.rich of ex-corporation lawyers who have made the
a mockery, and "constitutional rights" a tragic!
:i;is date this prop or' the present "administration" |
? r, another of its infamous "martial law" decisions, in I
: tlie Socialist Printing Co.. vs. Hatfield, et al.. which J
: : " same slime and hypocrisy that characterized their;
: >v to the time when the United States senate was com
??nduct a lengthy investigation in order to determine i
not West Virginia was a part of the United States, oH
? ? .f Darkest Russia.
. ?j;e~reign~of military anarchy in tlie Kanawha Valley.
::>ting with egotism, and the suddenly acquired sense:
? c power conferred by having a band of armed guards
rumand, sent a detail of his immitation soldiers to'
and had them sack the plant of the Socialist Printing;
corporation chartered under the laws of the state of i
?;ia. and at that time doing a legitimate and lawful
Trie raiders broke into the plant under cover of dark
? ir.olisiied the material within, stealing and carrying:
-.?ierable property which has never been recovered by !
After the threat United States' intervention in I
^inia hat! to some extent cowed the would-be
tatur and those who "held up the hands of his admin
i':e printing company entered suit in the civil courts ot
in order to determine whether or not the elected ser
citizens of the state had supreme power over the lives
* '?' of tht1 people ? or whether they were citizens or
?? lawyers for Hatfield had exhausted every technicali
" law in ail attempt to delay and wear out the case, il
.-?'t for hearing <>m the Dth da\ of February, over the
? appeals of the defense for further delay.
- ' hi. as a last resort, that the "administration" decided
1 1 once mure have t<> expose its faithful "upholder" ?
L-"iirt ? to the further contempt of the people of the
online to information now on file in our office, george
".ediately got into communication by telephone with
General's office at Charleston, and laid before the
.era! or his assistant the plan for having t lie supreme
.. writ of prohibition directed against the Circuit Court
??'??nty. forbidding ii to proceed with the case against
Trie man at the Charleston end of the wire feebly pro
>t the proposition in an effort to save the "faithful"
?Y-n; further exposing themselves to the contempt of
' ? : ? I w-i.|]ace was insistent, declaring it was a last re
? Charleston accomplice agreed to "see the judges."
ar\ 2S. according to this information, between three
i"ck. wailace again called up the Attorney General's
' Assistant Attorney General Frank Lively on the
: asked if the arrangements had been made. Lively in
iliace that he did not like the idea of a writ of prohibi
'?.ere was no precedent or law for it. and that "his ex
?uld much rather not make such a strong play, since
r. "future prospects." He stated that he. personal- ;
i'ivise against it {the writ of prohibition.) if. however.;
? ; n* i it absolutely necessary as a last resurt. to apply
. he (Lively) had spoken to several of the judges, and
possible exception of two members, he felt sure that the
?"iild give the administration the benefit of everything
- ? ;i ?>1\ could, more as a matter of "UPHOLDING THE,
^ ( >F THOSE IN AUTHORITY" rather than because there
precedent for it. Also "HIS EXCELLENCY HAD HAD
text of the above referred to conversation in our pos
can imagine about what hopes we had of getting any
fair treatment at the hands of the supreme court. How- j
ney Houston prepared an answer to the writ of prohi
i presented it to the court, together with a short verbal
<>n the 9th of A February. A few days later, in forma-:
ar to that contained above, and coming fro manother.
. trustworthy source, caused us to abandon all hope of
? writ of prohibition dissolved, and we immediately liled
*?<;' answer to the writ, in which Federal questions were
<>rder to be in position to appeal the case to the supreme
the United States when the "upholders of military anar-j
?f West Virginia should hand down the decision which we;
' perfectly sure would be against us.
:t'i begun to fear that the "faithful upholders" were never
? act in the matter, and that we would never have the op
y to get the case out of Hatfieldland. when lo, and behold, j
?iiver up the same old military law joke, with a few addi-]
i> <-ial trimmings, just in time for "April Fool." ? After having it j
"under consideration" almost two months. We presume they base '
their decision in the case upon that ancient, historic, but now obso- J
lete Constitution of West Virginia, which devotes a whole section j
to the declaration that "The courts of the state shall be open, and
every person, for an injury done him, in his person, properly or
reputation, shall have remedy by due course of law; and JUSTICE
shall be administered without SALE, denial, or DELAY."
Under this infamous decision the governor of West Virginia
can declare martial law around your home, murder you in cold
blood, ravish your wife or daughters, appropriate or destroy your
personal belongings, and still not be amenable to the laws of the
land. for. says the decision ? ":::**the discretion vested in the chief
executive by the constitution and the laws of the state respect-1
ing his ollicial duties, is not suo.ject to control or review by the
courts." All the governor would have to do in order to escape
trial on any of the above charges would be to declare that they
were "ollicial acts." How do you like the prospects, "Mr. Free
We most vehemently deny that the constitution or the laws i
vests any such power in the elected servant of the people as to
raise him above responsibility to these constitutions and laws. ;
It's a wonder the court didn't declare that this right was "vested I
in the chief executive by the Supreme Being." and that he could
rob and plunder, and torture, by "Di\ine liight." The thing thai:
"vested" the chief executive with powers greater than those
of the constitution and laws ot a free people was that bunch of
i.-' of the "invisible vampires" v h ? ;?? e tiif'Uiiog .justice in tin's !
state ? the black-robed buzzards who roost on the supreme benrh. j
This "court of justice" in the latest decision goes a step further!
than in any of the other martial law cases, a'i.1 specifically declar- !
es that the governor may suppress any i.owspaper published in i he '
state, "when he believes, etc." 7r,ey hud previously decided that j
governor had the authority arrc.-.c and imwison citizens
virhout trial or charges, that lie c.oul't set a-ede the hitlu;t<? in- S
vi- late writ of habeas corpus, and iry .rid sentence civilians be-j
lore a drum-head court appointed by bin. self from among his j
r?'t.->.i?v.-rs ? and no.v they place the crov.n of absolute an irresp' n- j
?ii-lv auteoiity upon him by declaring that he is above a-i law and i
that he is .answerable to no pnwe?* on '-arlli for his aci:.?ns --no <
nV'-r ?w vile and venal th?v night become. It fuiiher glr'es i
!ii;n ,> v. a to suppress newspan?,vs which might dare voice a pro- j
t- M agai ist his tyranny, or gi\n ^eo'ici-y to my vi- ac'.ion of'
ills i iigipiess, and to arbitrarilv ? and imprison anv? .no wlmm ?
?i % has reason to believe does '-ot ??,.<v"'.e with ?v? r;. ".i:sg lie says i
a;; i ?! c -'. The ! C i ? g is crowned ?!.??.>>? liw tin; K;ng!
x \"!> 11 this t; rannical and tia-iui 'Tts power is "???i^icd" in aur
ora man in this the Twentieth C-nLory. and in the fabled "land
of the free." by the highest court ri a soverign state, it >s time)
for the descendants of the "minute men" who fired the long echo- 1
ing shots at Bunker Hill, to dig out of the garrets their fahters '|
muskets", which once did such valiant service in the cause of tree-1
dom. and begin a course in target practice ? for, by tiie Goddess of j
Liberty, we're going to need 'em again!
There is but one thing that will appeal to the "reason" of ty- j
rants, and that is brute force, brutally applied. When all civilized !
agencies fail to protect the liberties of a people, there is but one
recourse left, and that is the uncivilized method of meeting injus-j
t ice and would-be despotism with force. The founders of this I
great nation realized this when they embodied, among the first j
principles of their constitution, the declaration that armed citizen.1; j
were necessary to the security of a free people, and that the rights i
of the people to keep and bear arms should not be infringed.
Even this constitutional guarantee has been infringed in West;
Virginia, where it is a felony to bear certain kind of arms, but as j
yet there is no prohibition against owning a rifle, {except in mar-,
tial law zones), and we notice that Sears ? Roebuck, of Chicago, j
are selling a splendid carbine for the reasonable sum of $6.75. We :
merely mention this fact for t lie benefit of any of our readers who j
may want to hunt squirrels "when the leaves come out."
The case af the Socialist Printing Company vs. Hatfield et a!.. I
is now on the way to the Supreme Court of the United States, and :
we will await with a considerable degree ot interest to see if thp
"divine power" conferred upon the chief executive of West Virgi
nia by the "upholders of the administration" will be confirmed by
the high priests of the cult.
Permanent Officers Elected Monday Night
First Meeting of The Stockholders Enthusiastic and Largely at
tended ? Capable Men Selected to Direct the Corporation.
And an Early Realization of Its Object Expected
l>rickmason> Hall was crowded to
, overflowing Monday night. with
>to. -kho'der s in the Huntington l.abor
fempie Association who mot for the
purpose of organizing the corpora
, t ion. electing officers who will guide J
J its destinies for the next year, ami
mapping out a course of action that ^
; is believed will bring an early fruti
tii>p i<< the hopes of the Association. '
The meeting was called to order by
'v'hairmun C. W. Mylar, of the Tr.de
. -vssembiy. who orufly stated tr.-- vx:>
jects. and called for nominations for
| pros? lent. Of four nominee.
! Myia?- received the majority of votes
i t ist and was declared elected. He i.;
; a number of Local Xo. 8l>, Potteis.
! Ernest L. Moore, of the Carpenters
i Union, was elected secretary, while
| C. A. Xewvino and G. L. Ward, of the
i same organization weir- chosen as !
i vice-president and treasurer. resp<:e- j
A board of director.* consisting of J
nine mc-mbors. which i- later to be in- j
? creased to twenty-one. was elected j
i follows:
| Harry Lowe, of the Pollers; C. H.
j Stunkins. of the Carpenters; Lewis
| Ritchey. of the Plumbers; J. L. Bos- |
1 well, of the Printer.-: M. M. Scheehan.
! of the Tailors: L. Kendriol:, <>f the j
: Street Car Workers: H. L. Metz. of i
I the Bakers: Sherman Lewis. <n i hi- j
I Carmen: J. L. Davis, of the Piumbers. j
A committee to draw up by-laws j
j for the organization was appointed
| with instructions tc have same ready
to submit to the stockholders ai their
next meeting two weeks hence. The
committee consists of Delegates
Thompson, Boswell and Lowe.
The Labor Star's expose of the
West Virginia Asylum has rattled the
? dry bones of easy-money artists in
j this end of the state in a manner
| that has shocked the all-to-confiding
citizens of West Virginia.
| The Star did not publish these start- j
! ling disclosures merely to cause a sen
| sation of a day. We are determined
: l hat the West Virginia Asylum shall
. be i protector to the unfortunates of
| '.lies tate, and net a duo to dtst-oy.
j and a public milch cow. at every ud
j der of which some mental incompe
j lent can hang and extract easy mon- ]
i ey from the state.
' The State Board of Control and i
! Governor Hatrieid have excluded j
! themselves from any part in this in- i
vestigation. by refusing to investi- j
: }>,ate when these alleged flagrant j
| i-hus -s we-'C repeatedly brought to j
? their attention.
These charges were made peisoi al
| ly i<> Hatf'.eld a month or more ago,
and t<> tlio members oi the Board ot
Con t.-o I more than a month priot to
that. Hatfield, ir. his sauve and mean
ingless vvav, replies to an appeal for
.?n investigation as follows:
Executive Department
2::rd March, 1914.
i My Dear. Mr.
I have your communication of Mar.
i 7th. and I shall indeed be glad to in- j
| vestigate the Huntington Insane As
i ylum.**'l assure you if there is anv
| anything going wrong at this institu
i ion 1 want to know it. and there is ;
; no one who will take more pleasure in j
; correcting any abuse that may be in
existence at this or any other institu
tion than myself.
Yours very truly,
(Signed) H. D. HATFIELD.
H.D.W. ? W.L.T.
That W. M. 0. Dawson an<l the j
Statr Board of Control have disquali- i
lied themselves as impartial investi- j
git tors, by saying only a short time I
ago, and it iterating during the pros- j
( lit week that there is nothing wrong
t the institution, is certainly appar
ent. Some very peculiar, not to say
suspicious circumstances, also prompt
us to believe that Mr. Dawson would
not exactly relish a real investigation
r?i" this institution himself. A very j
interesting record reveals the fact j
that this last named gentleman had ;
more than a passing interest in Asy- j
him a flairs some time ago. It an- !
" ?
pears that at one time Dr. Guthrie j
owned a small tract of land adjoin- ;
ing the state's asylum grounds, for ;
which he had paid *400. One year
after Dr. Guthrie had purchased this :
l??t. Mr. Dawson appeared before the ;
Senate finance committee and strong- ?;
!y urged that the state buy this par
cel of land, which for some unknown
reason, Dawson contended, had jump
ed to the mysterious value of $2,200.
in one short year. The fact that the !
Superintendent had put a well down j
on this property of his, for the use of!
tne inmates, when the state's own j
broad a;- res were nearer to the insti
tution, only serves to reveal the Af- j
rican in the woodpile. Men who lend :
their in Hue nee to such transactions ;
could not even properly investigate j
the empty eiauium of a workingman j
who "whoopes 'er up" for Hatfield- !
Glassock-Supreme Court & Co, We '
rather think it wouid be^ycli for Slip
pery Hil! to take that now famous j
yacht and hie himself to Dr. Guthrie's
Southern retreat while the investiga- i
tion is in progress.
.Mr. Guthrie has not denied a single!
statement contained in the charges of!
Jormer state employees. As we anti- j
(ipated he shielded himself behind the!
time-worn defense that spite and "ir- j
responsible people" were behind the)
charges. This is a worikngclass news I
paper and we are addressing ourselv- j
es to the useful people of West Vir- !
ginia, and as responsibility seems to ,
consist, in the eyes of some people, in j
the knack of corral ing state funds, we j
i'nd our co-wcrk-rs plead guilt \ to i
the charge of "irresponsible." How
ever we have a sneaking idea that a
certain very "responsible" party is
squirming these nights instead of
sleeping the sleep of the just.
Mr. Guthrie appears to have a rare |
sense of humor. According to an at- I
tendant, the Christian Ladies Aid
Societies have at different times kind- '
ly remembered the poor unfortunates i
at the Asylum and have donated as
many as two hundred pairs of shoes
l'or their use. This attendant declar
es that he voluntarily removed his hat ;
before the Napoleon of finance when i
lie cooly charged these shoes against i
the state, the first 100 pairs at $1.00 j
per pair, and the other 100 pairs at !
.*1.2:5 each. We suppose the worthy
doctor is an ardent supporter of bene- 1
volent societies, Below will be found i
[ a signed statement which reveals a j
reprehensible something that smells i
i like graft to us. Appropriations
! large and bounteous are made for the
! West Virginia Asylum and if .Mr. ?
j Guthrie is compelled to furnish the I
j inmates with llour full of maggots, J
it could only be explained by saving j
that it must meet the requirements of j
some extraordinary diagnosis submit- !
ted by their versatile M. D., as to |
what is best for imbeciles who cannot !
protect themselves or strike back:
Statement of O. W. Hastings. ?*]
During the year 1911, I was em
ployed by the Huntington Milling Co.
then managed by Mr. A. G. Blake.
Upon one occasion Mr. Blake stated,
in the presence of myself and two
others, that he h id secured a contract
to furnish ten barrels of flour to the
W. Ya. Asylum, but that we couid not
furnish "our own flour" at the price.
After a few days ten barrels of flour
arrived from Cincinnati, in dirty j
barrels which had the appearance of
old salt barrels. After they had been
in the mill l'or a f? w days, and on a
day when work was slack. Mr. Blake
told us to put the flour in paper sacks
We opened the barrels and were amaz
! td nt what we sav. Besides having
I a blueish, dirty appearance and a i
j very bad. odor, it was, literally speak
! ing, working alive with flour worms; :
| some of these we removed from the I
! lops of the barrels, along with about j
rn inch of flour, and threw into the j
feed bin; the rest we sacked up and,
sent, as I was told, to the West Vir- j
fiinia Asylum. At the time good j
Hour was selling a' $4.50 per barrel, :
and I was informed that this llour i
was delivered to the Asylum at s2.<>0 j
per barrel. 0. W. HASTINGS i
(1\S. ? Mr. Ha -dings is not a "dis- j
| charged emplovee" of t h*. A.sy.um.i j
As being an illustration of what Dr. i
| Guthrie's absence from his post of j
j duty may mean for the unfortuirit's '
| whieh are entrusted to his care, we,
cite the following incident; In 1!'0S!
or 1909, Emma Griffith, an inmate.'
leaped from a second story window j
and broke her back dying in.-tt nly |
;.ud oeir.g ! uried in the Potters' field. ;
The win-low from which the woman ?
met her death was > what was kr. i\vi:
as a "strong ronn' or place for vio
lent patients, and should have, in all
reason, be.n hai red at these second :
story windows. The Superintendent
was hunting Seminole Indians in
Florida at the- time of the acciden:. i
If everything is lovely, serene and
peaceful at the West Virginia Asylum 1
why were the gates locked and visi- |
tors barred from the grounds on the ;
Sunday following the expose. <-ontra- j
ry to the usuai custom?
Statement of Myrtle Branum
I had jha rgc or* the general kite he". J
of the vVoftt Virginia Asylum i'o: IS j
months during the year J 907-8. The
< nly miik furnished the oati'-nt.-s ??.v.- j
: sir -.ill quantity for the very sick. i
\*o miik v as fu n< <1 for the oat-j
Mid r-r.f-ee and very iittie sugar f'- I
these breakfast staples. i was ai'ov- :
'd 4 ibs. of sugar to *we"t'n ev;; pa
nted peaches for i"0 patients: th^se i
peaches were so sen- and h-ttT ' h>t J
they could hardly he eaten and !
'I those served we hroueht l ack !?> i
the kitcnei. and dumped into the gav- !
bage '-ans. The matr< n Hid not avc i
rage one visit a week to the kitche" !
while I was en p:oyed there. '1 ne i
only tin e the patients had a decent I
meai was when some state official \v?.j
visiting the institution, then the su- j
perintendent would have extra sup- j
plies furnished the kitchen and conk
ed for the patien:s. I was re-employ
ed at the Asylum as attendant during
the fall of 19 12 and worked ->n Ward
B for a year. During this time th<?
superintendent was not on this w:1 id
mo iv thin <i times mo those visits
were fo>* the purpose of .-.homing visi
tors through. rath? r than attending
to inmates. I have seen patients
sleeping on the lioor with nothing un
der tium Luit a thin cotton pail. There
were no frowns furnished the innate.-',
on Ward 1! during this time and the
patients wore compelled t?> sleep in
their day clothing ?u without clothing
of a:iv kind: even the sick patients
on i his waid wire ao1. provided ; t '
gowns. I nirin^ the year I was at
tendant on this ward tin- malren v'sit
cd it thiee time-;.
M VrM'IK Hi! AN V .V.
Judge Robinsons
Opinion In The Star's Case
"This decision e: tend.' .-tate-w ide
the mania! law doctrine heretofore
by a majority of this court enunciated
as to a particular, proclaimed zone.
Again 1 dissent, consistently with my
views in the former cases: 71 W. \ a.
pages a 2 7 and
"Moreover, a new use is made of
the writ of prohibition. The decision
stops the trial of an action in which
the declaration alleges that certain de
defendants maliciously trespassed on
private rights guaranteed th.e con
stitlit'o'i, -amply because the defen
(ian'.s say liie at t was doft'e by orders,
of one of them who was Die go*.*erw?r
of the state.
"To stop the anion by prohibition
is only to rleprive the plaintiff of an
other constitutional ritfht ? the right
to a hearing before the properly con
stituted trial court of the facts as to
whether there was malicious or un
Histiuable act.
"The opinion concedes that the
eleelaration states a Rood cause of .ac
tion, yet. it prohibit.-, the allegations
of m-tiii ious trespass from being tried
This cojrt cannot rightly 'letermino
the charge presented by the declara
tion. I*, has no province for original
tiial of an alleged wrong. The truth
of the charge of tla wrong should be
left to be establish' d in the trial
"C'rt'.dniy the (iovernor cannot be
:nad** to answer before the courts for
acts within his political province,
but the declaration alleges that he
committed acts wholly beyond his of
ficial powers. No governor, as such
ollkiab can do a malicious act. On
such a charge as the declaration con
tains the governor is answer-aide* be
10 re tin trial coui" the- .-aire ,t.- any
oth- r citi'/.'-n. i'ne charge may there*
be shown to !>e untitle, or t lie act
< barged to be not calieious t .*u * justi
tiable. St'l 1 a con-.pefnt tsial court
in which the charge is made has juris
diction to deUrmine whether the
i barge is true or the act justifiable.
"1 he unsound principle established
by this decision ?>?* ? *rt i t > a governo"
to d *al with private .rights and pri
vate propet ty as h? pleases, ile Jkh
i illy to answer * bat he does so of
c-ially. and ah action, though alleging
i acts showing that hi- :?<?> is wholly
without' hi.-, politica- p ovine ?*, viM be
prohibited. .Such a view is wholly un
American. and iive'isi.-ient wit a 'on
; tit u iona i jro'-erom'-nt Reason a:v:
; uthority ;>neiep n it. r the admin
istrstior. of even-. :.?id< d iir-'io- *r ir-;;
out against it."
On Tuesday night, April Tth. Div.
No. Street Railway Kmployees
v.-ili hold it:- rr-gular semi-monthly
meeting, in the u^ual piat-e, and very
important busings.-: demands that
i vc:*v member be present. I Magnus
from the Trades Assembly - will be
present with an interesting message*,
and several n -w '-andidat< are to be
Comrade August Martin, of Twen
tieth street, employed in the boiler
; shop at the C. A; ()., was severely in
i jure d about noon t<?iay when, his foot
was caught under some fal'iiig Iron.
He was taken to the C. <? 0 hospita.
where the wound was dressed and
was iater removed lo his home.

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