The life of John Worth KernBowers, Claude G. (Claude Gernade)
History
The life of John Worth Kern
Bowers, Claude G. (Claude Gernade)
Kern, John Worth, 1849-1917; Politicians -- United States -- Biography
We now enter upon the most startling feature of the feudalism of West
Virginia in the coal districts. It was soon made evident to the
thoughtful that the system was in position to enforce darkness. With
pitched battles, armored trains, murdered women, there was little or
nothing about it in the press of the country. But when the story that a
woman of the celebrity of “Mother” Jones, loved by millions among the
toilers, was to be tried for her life before a drumhead courtmartial was
told in less than a dozen lines, the system made a fatal blunder. That
little light illumined the darkness. Senator Kern, reading these few
lines in the _Washington Post_, expressed his amazement to those in his
office that so little information was furnished. Far out in San
Francisco, Fremont Older, the fighting editor of _The Bulletin_, who had
been one of the leaders in the movement that destroyed the Schmitz
boodle brigade and sent Abe Reuf to the penitentiary, talked it over
with his clever wife and decided that she should go at once to West
Virginia and ascertain by personal observation the occasion for the
silence. The story of Mrs. Older was soon told in _Collier’s Weekly_--a
brief, gripping, startling story of an unthinkable situation for
America.
The darkness gave such light that magazines took steps to secure
articles concerning an unparalleled condition. Harold E. West’s
startling story of “Civil War in West Virginia” appeared in _The Survey_
in early April. An even more amazing story from M. Michelson, under the
satiric title, “Sweet Land of Liberty,” appeared in the May number of
_Everybody’s Magazine_. _Collier’s Weekly_ gave its readers Mrs. Older’s
story about the middle of April. The country began to wonder--and to
wait.
Meanwhile the most dangerous and startling evil in the situation--the
power of the governor to trample upon the constitutional rights of the
people of his state, to ignore the civil courts when they were in
session, and try men and women for their lives by a military
tribunal--was vigorously contested in the Supreme Court of Appeals in
the now famous habeas corpus cases of Mays and Nance and a little later
in the cases of Jones, Boswell, Batley and Paulson. The constitution of
West Virginia was explicit and emphatic on the point, but the court
decided that the constitutional rights of citizens could be brushed
aside. A more remarkable decision has probably never been handed down by
any American tribunal. How remarkable the world was permitted to
understand through the vigorous and indignant dissenting opinion of
Judge Ira E. Robinson.
And yet for three months this military tribunal sat at Pratt on Paint
Creek sending men to the penitentiary and jail and fixing penalties in
many cases in excess of those fixed by the statute with the approval of
the then Governor Glasscock.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account