In reply I have the honor to say that the department will transmit to
your embassy any information in regard to the steps which may be taken
in the premises looking toward the abatement of the alleged evils in
question, and any new information it receives in regard to the treatment
of Italian laborers. In this connection, and in further reply to your
notes of June 20 and June 26 last, I forward a copy of a letter from the
governor of Virginia in regard to alleged occurrences at Marion, Va.
[Inclosure.]
The Governor of
Virginia to the Secretary of
State.
Commonwealth of Virginia, Governor’s
Office,
Richmond, July 10,
1906.
Sir: Replying further to your communication
of June 30 in regard to the two notes from the Italian chargé
d’affaires at Washington, complaining of the treatment of Italian
laborers by the Spruce Pine Carolina Company, etc., I beg leave to
inform you that I communicated at once with Hon. F. B. Hutton, judge
of the circuit in which Marion, Va., is located, and I herewith
inclose you a copy of Judge Hutton’s letter to me. Possibly the
matter complained of may have occurred at Marion, N. C, instead of
Marion, Va. If such is the case, then it is a matter for
consideration by the authorities of the State of North Carolina and
not by the authorities of the State of Virginia. With consideration
of high esteem, I am, respectfully, yours,
Claude A. Swanson,
Governor of Virginia.
[Subinclosure.]
Mr. Hutton to
the Governor of Virginia.
Abingdon, Va., July 9,
1906.
My Dear Governor: Yours inclosing a letter
from the Secretary of State, Hon. Elihu Root, with two notes from
the Italian chargé d’affaires at Washington, requesting that I
investigate and report to you an alleged killing of [Page 928] two Italians, the wounding of five
others at or near Marion, Smyth County, Va., and the imprisonment in
jail at Marion of nine more Italians, has been received.
I was greatly surprised to learn from the inclosure that a bloody row
had occurred at Marion on the 14th day of last May, in which two
Italians were killed, five wounded, and nine additional ones
imprisoned. I held a special term of court in Marion on June 11, and
while there asked the commonwealth’s attorney if he desired a
special grand jury for any purpose, to which he replied that he did
not, as there was no one in jail in that county at that time; that
all persons who were charged with any offense were on bail. I
therefore was of the opinion that no such occurrence as is described
in the notes of the Italian chargé d’affaires took place; but upon
the receipt of your letter, I immediately phoned the sheriff of
Smyth County, W. M. McGee, esq., and asked him in reference to it,
and he replied that there was no person in jail at all in Smyth
County, except one negro, who had been recently committed by a
magistrate to await the action of the grand jury on a charge of
larceny, and that no Italians had ever been killed, wounded, or
imprisoned in his county since he had been sheriff. I therefore am
pleased to report to you that no such transaction took place in
Smyth County, or at any other point in my circuit. The whole thing
seems to be a mistake as to locality.
There is no such company as the Spruce Pine Carolina Company
constructing a railroad at any point within my circuit. The South
and Western Railroad does not touch the county of Smyth at any
point, and there was no bloody row at or near Marion, Va., of any
kind, much less of the character described in the notes inclosed me
by you.
The South and Western Railroad comes into Virginia west of my
circuit, and the Clinchport section is in Scott County, now in the
circuit of Judge William E. Burns, of Lebanon, Va. I have, however,
heard nothing of any killing of Italians at that point. There
certainly has been none in my circuit, either on the 14th day of May
or at any other time since I have been on the bench.
I assure you that I am as anxious as you are that “the laws of
Virginia should be fully respected, both of Americans and Italians,
and each accorded justice and their rights respected.”
I phoned the sheriff, as stated, with the view of calling a special
grand jury at once to investigate the matter, had there been any
foundation in fact for the allegations in the communications
inclosed by you. It may be Marion, N. C, instead of Marion, Va., to
which the notes refer. I herewith return to you the letter of the
Secretary of State and the notes of the Italian chargé d’affaires at
Washington.
Yours, respectfully,
F. B. Hutton
Judge of the Twenty-third
Circuit.
