Cripple Creek, Colorado - The Labor History of the Cripple Creek District : a Study in Industria (part 2 of 4)

The Position Of The Governor

The attitude taken by Governor Waite was in brief that he would do nothing that would aid either the miners or mine owners to win the fight. The militia, he said, should not be called out to win the strike, but simply to preserve the general peace, and should not be used to coerce the miners in any sense of the word.4

In the deputy movement he saw an arrangement, ostensibly by the county authorities, but in reality by the mine owners, meant to force the miners to give up the struggle. This movement, as he saw it, originated with the mine owners, and was supported by their contributions, and the sheriff was simply a puppet in their hands.

Moreover, in his estimation the assembly of so large a body of deputies was illegal.5 He immediately declared that the sheriff had exceeded his authority, first, in that the right to appoint deputies did not mean the power to form an army, and second, in that he was breaking a state law in appointing deputies from outside El Paso County. The swearing in of men in bodies of several hundred; their equipment with whole stands of newly purchased arms ; and their organization into a military body, constituted the formation of an army, and was an usurpation of the power of the governor. In appointing deputies from Denver, Leadville, and other points outside El Paso County the sheriff was disregarding the laws of the state, which expressly directed that a sheriff call aid only from his own county.6 The governor therefore declared the formation of the

6 Mills' Annotated Statutes of Colorado, Vol. I, Sec. 856. It shall be the duty of the sheriff and undersheriff and deputies to keep and preserve the peace of deputy army illegal, and demanded that it disperse. When the deputies made their forward move he threw the militia between them and the miners, with orders to prevent a conflict at all hazards. And upon' the repeated refusal of the deputies to disband, he prepared to call out the whole state reserve.

The Baleful Influence Of Politics

The workings of political intrigue are always hard to trace accurately and it is impossible to say just what part politics played in the Cripple Creek strike. There can be no doubt, however, that both parties sought to make political capital out of the strike, and by their machinations greatly impeded its settlement.

The interest of Governor Waite in the miners was undoubtedly a political one, the desire to secure sufficient support in the western part of the county to overcome the Republican strength in the eastern part, and so to bring El Paso into the ranks of the Populists. He was willing to go to great lengths to become known as the friend of the working man, and his influence was such as to constantly encourage the miners in their resistance of the county authorities. There is good reason to believe even that it was a telegram from the governor that caused the miners to make the demands that thwarted the first attempt at arbitration. This in order that he might have the credit and the influence upon the miners, of effecting the settlement himself.

The Republicans were just as active on the other side. There has been a quite general opinion that the deputy movement had as its ultimate aim the driving from the county of a large number of the men who were supporting Populism, and endangering the power of the Republicans in the county.7 There is their respective counties, and to quiet and suppress all riots, affrays and unlawful assemblages and insurrection, for which purpose, and for the service of process in civil and criminal cases, and in apprehending or securing any person for felony or breach of the peace, they and every coroner and every constable may call to their aid any person or persons of their county as they may deem necessary.

strong evidence that the county officers used their authority following the strike to keep their party in power. The Bull Hill men were tried under conditions which made it almost impossible for them to escape even if innocent. Two prominent citizens of Colorado Springs made affidavits to having heard the assistant district attorney outline a scheme which was to secure the conviction of every man tried.8 Of the four men sentenced for crimes committed during the trouble, one broke jail, one was set free by the Supreme Court, and the other two were pardoned by Governor Mclntyre.9 Only five cases were tried out of three hundred informations and indictments. The failure to prosecute the other two hundred ninety-five cases is generally supposed to have come about as follows: the indictments were held as scourges over the heads of the men. They were promised that if they worked heartily for the Republican ticket at the next election their names would be dropped, otherwise they would be tried, and would be sure to be convicted. Needless to say the men worked. The election went as desired, and the indictments were dropped. Thus did both parties intrigue for power, intensifying the difficulty, and greatly hindering its settlement.

-Governor Mclntyre was the Republican governor who succeeded Governor Waite. He would not pardon the men through partisan bias in their favor.

The Intervening Period

The history of the Cripple Creek District from 1894 to 1903 is one of steady, healthy growth. There were periods of inflation, and of characteristic boom excitement, followed by the usual periods of depression. The values of the mining stocks fluctuated violently from a number of causes, and the failures of mining brokers were frequent. There was the constant question as to the permanence of the ore deposits, and the prophesy of the pessimists that Cripple Creek would prove merely a surface camp. But through it all the district grew in wealth and population; the mines increased their output; and general prosperity was the portion of those who lived within the mining area. The district in these years lost many of its frontier characteristics, and took upon itself the features of the modern1 productive center. '

The increase in the number of mines and prospects was phenomenal. Every hill for miles came to be lined with roads, dotted with dumps and shaft houses, and thickly sprinkled with prospect holes- The vast majority of these small mines and prospects were finally deserted, but an occasional one became a paying property, and this was sufficient to keep a number of men constantly engaged in developmental work. The successful mines were equipped with the best modern mining machinery, and with various devices for the quick extraction and handling of ore. Shafts were sunk to a depth of nearly 1,500 feet, and some single mines developed miles of tunnelings.1 running to the various mines form a close network over miles of territory.2 So complete in fact are these connections that it is often possible to count a dozen lines of track upon a single hillside. Local trains run1 over the roads at short intervals, and two electric lines give frequent service to all points in the mining area. It would be difficult to find an industrial section with a more thorough or complete system of transportation connections.

Numerous small towns have sprung up throughout the district, and the general population has increased to about 50,000. The cities of Cripple Creek and Victor have both had a considerable growth, the former having a present population of about 12,000, and the latter 7,000. The business sections of both cities were razed to the ground by destructive fires in 1896 and 1899. The hastily constructed buildings of the early boom days were thus destroyed, and in their places have risen substantial modern structures of brick and stone.

In other respects the two cities have kept much of their frontier appearance. There is scarce a level piece of ground in the country, and except in the central portions of the towns, the houses straggle over the hills 'with hardly a semblance of order. The buildings are for the most part small, without porches or decorations, and weathered to an appearance often almost of unkemptness. Not a tree nor a lawn is to be found.3 Of parks there are none. The casual visitor catching his first glimpse as his train swings round the mountain-side, is likely to receive a distinct shock, and to carry away later an impression of roughness, uncouthness, and lack of the finer activities. But the cost of building material from the long shipment across the mountains explains the small size of the houses; the arid climate and hot sun takes almost instantaneous action on paint ; and the soil and altitude make trees and lawns an impossibility. The rough appearance of the district is not an index of the character of its

2The Florence and Cripple Creek Railroad. (Narrow Guage.) The Midland Terminal Railway. The Colorado Springs and Cripple Creek District Railway.

- This statement Is not absolutely truthful. Two or three irrepressible citizens have succeeded with infinite care and attention in growing lawns of a few square feet, and a very few quaking aspen trees have been1 nursed into some show of thriving, but these facts only emphasize the general barrenness.

people. Within the unprepossessing exterior are homes of splendid taste, fine in their furnishings, conveniences, and life. Men of education and refinement have come to the Cripple Creek District, and their influence is seen in city water works, electric lights, good schools, hospitals, libraries, and churches. The district has kept much of its frontier aspect but lost much of its frontier character.

The rough externals cannot however but have a considerable selective effect. The lover of the easy, sheltered life will not gravitate to such conditions. It is the man to whom rough surroundings are agreeable or of secondary importance who will be attracted, and this means in many respects frontiersmen - the rough, hardy, fearless, independent, restraint-hating type of manhood. Thus the anomaly in a very recent frontier district, of a highly developed industrial center, which has kept most of its frontier aspects, and much of its frontier life.

The existence of the Cripple Creek District depends almost entirely upon its mining industry, and its prosperity rests upon the same source.4 No agriculture is possible, and scarcely any grazing; the district depends entirely upon outside shipments for its food supply. The same is true of manufacturing ; none of the conditions for successful manufacture exist. All kinds of products, including building material, have to be shipped in, and the ores are shipped out of the district almost entirely for treatment. Business is local in its nature, arising from the economic needs of the district, and limited to the effective demand for consumption within the district. We have to consider then, not a strike of the ordinary type, involving merely a small

The recorded dividends for 1905 were $4,032,740. The profits by lessees and close corporations for the same period are estimated at $1,000,000, making the net profits from the mining industry for 1905, about $5,000,000.

class, and disturbing economic conditions only generally, but one that throttled the whole basic industry, and disrupted the entire industrial and business life of the section in which it occurred. Here lies the explanation for much of the intensity and fierceness of the struggle, for the alignment of forces, and for the bitter class strife that dominated it.

The working force remained almost entirely American. The unwritten law of the metal mining camps of the "West, which does not allow Italian laborers, was in force here. The high rate of wages permitted the employment of a higher class of labor than is usual in mining, and the boast was constantly reiterated that Cripple Creek had the best set of miners in the world.5 The conditions of labor were also of the best. The mines were comparatively dry and well ventilated, the hours short, and machines provided to facilitate all operations. Good car service, and the modern improvements of the towns, added more than the comfort usual to the home life of a mining area.*-

Graduates of many of the foremost universities of the country are to be found among the mine workers, and every year a number of the Colorado undergraduate students spend their summers in the Cripple Creek mines.

Special cars are run on the roads at the time the mine shifts change to take the men to and from their work. This enables the men to Jive in town while working at considerable distances in the outskirts of the district, and has had a considerable influence in centering so much of the life in Victor and Cripple Creek.

Rastall, History Of The Cripple Cheek Strike 65 The Background For The Strike

In the interval from 1894 to 1903 there were no labor difficulties. The best of feeling prevailed between employer and employed, and a more prosperous, contented, industrial district would have been hard to find. Certain events took place, however, which had a most vital influence upon the second strike, and effected powerfully the course of events. These were the partitioning of El Paso County ; the espousal of socialism by the Western Federation of Miners; and the growth of the unions in political power.

In 1893 El Paso County, with Colorado Springs as its county seat, included the Cripple Creek mining area. This was not satisfactory to the citizens of the area, and in 1899 they succeeded in securing a separate county government. The new county of Teller was formed, including the mining area, and gome adjacent territory.7 The result of the division was entirely to change the political situation relative to the strike. In 1893 the control of the county rested in Colorado Springs, and therefore as a political unit the county was not in sympathy with the mining towns. The difficulty developed between the county authorities and the miners, with the state exercising simply the balance of power.8 In 1903 the mining cities had their own county. The same political forces that controlled the towns controlled the county, and the district presented a solid front which only state authority could oppose or control. In this condition, coupled with the control of the county and state by strongly opposed political forces, can be found much of the explanation of the free use of state power.

But the division of El Paso County had a still more important result in giving the unions the opportunity for a considerable political control. At the time the various towns of the district were formed the population was composed largely of miners,

"The county of Teller has had a most successful history. In 1901 it completed a substantial jail, in 1902 a county hospital, and in 1905 a splendid county court house and administration building. The expense was met without indebtedness, and in spite of the costliness of the turbulent times of 1903 and 1904 the county is still without a debt.

and they naturally constituted the force that elected mast of the local officers. The unions from their very inception followed a policy of political activity, and the strike of 1893 found the government of such newly formed towns as Altman entirely in their hands. With the formation of Teller County independent political action was decided upon, and a Miners ' ticket was in the field at the next election. Defeated, the miners turned to ally themselves with the Democratic party. There was no formal action, but a quiet readjustment of forces that was even more effective. At every election the Democratic party triumphed ; members of the Federation and friends of the Federation went into office, and it was generally conceded that no man who was unfriendly to the unions could hope for election.9 By 1903 a large number of the local and county officers were members of the Western Federation of Miners, and nearly all were in entire sympathy with the unions.10 This was especially true of the police officers, a large majority of whom were Federation men. The unions were thoroughly in power. Here is a striking example of the power of a unified minority working among the forces of a scattered majority. In it is the groundwork for the bitter con-

The strength of the labor vote was shown in the election of 1903, after the opening of the strike, when the unions again ran separately, electing their candidate for assessor. The vote was :

10The city of Victor can be taken as a fair example of the district as a whole. The miners' union members who held offices here were as follows :

The "Western Federation of Miners in 1902 announced a propoganda of socialism. President Boyce upon his retirement from office in that year made a speech strongly urging Socialism upon Federation members.

The conventions of 1902, 1903, 1904, and 1905 passed resolutions endorsing the tenets of Socialism, and recommending independent political action upon the part of labor organizations. The utterances of the official organ of the Federation, The Miners Magazine, are strongly Socialistic in their tone, as are many of the speeches of the union leaders. President Moyer in his formal annual report for 1903 said:

"After fully considering the conditions surrounding us at this time, I believe that the most important action which you can take during this convention will be to reaffirm the policy adopted by the tenth annual convention. Do this and you will have accomplished that which -will redound to your credit and insure such prosperity for your organization as will not only commend you to those you represent, but to the great army of toilers throughout the entire world, who are anxiously awaiting the message that the Western Federation of Miners will not pause in the determined effort to bring about such a change in our social and economic conditions as will result in a complete revolution of the present system of industrial slavery. * * * *

"John Mitchell need not be surprised should his membership turn their faces to the West, seeking affiliation1 with organizations which have sent out their message to the world, that as labor produces all wealth, such wealth belongs to the producer thereof. That their mission is not to tighten the bonds which surround the toiler, but the emancipation of wage slavery and the equality of man. ********

' ' I sincerely trust that you will leave nothing undone to educate the members of this organization, not only along the lines of trades unionism, but to a realization of their power to bring about a condition under which every individual who labors shall be entitled to that which his labor produces."11

"How much longer are we going to acknowledge our ignorance? How much longer shall we permit our corporate and political masters to assume the privilege to do the thinking for the producing class? Knowing the power that we still possess through the ballot, if we shall continue to be wage and political slaves, straggling to better our condition through simple trades unionism, then we are entitled to no consideration, and the time is not far distant when, unless the working men and women1 of this country awaken to their strength and power and while they still have the right of franchise, destroy forever a system which makes millionaires and paupers, then they will be helpless indeed. * * * * *

' ' Supplication by the people of Russia at the feet of their Czar was met by the fire of musketry of his soldiers. Pleading of American labor at the throne of capitalism is answered with the injunction, the blacklist and the military bullpen. I appeal to you, fellow workers, to arouse yourselves and while you still have the opportunity, take control of the weapons which are being used to deprive you of your citizenship, and bear in mind that you have czars in this boasted land of the free that would be less merciful than he of Russia."12

It should be said that the annual conventions refused to pass resolutions of extremely Socialistic nature, always simply endorsing the general tenets of Socialism ; demanding further economic education, and advising the class-conscious use of the ballot to right "labor's wrongs."13 But couple the extreme utter-

"To the Thirteenth Annual Convention of the Western Federation of Miners : "We, your Committee on Resolutions, hereby submit the following resolution : "Whereas, Economic evolution and the oppression of the capitalist class through its ownership of the means of production and exchange have forced on the workers the consciousness of the necessity of the abolition of craft divisions on the industrial field and their alignment as members of one general economic ances of the radicals, with the general misapprehension of Socialism as something essentially connected with revolution and anarchy, and the effect upon the extreme conservative party of the state, represented by Governor Peabody, himself a banker, can 'well be imagined. The party which stood for the gold standard when Bryan as the champion of silver swept the state, and which represented the large business and corporate interests of the commonwealth, would have little tolerance for such "heresies," and would lose no opportunity to root them out.

"Whereas, We believe that action on the economic field alone will not solve the problem of industrial emancipation unless accompanied by class-conscious, independent political action at the ballot box, by which we can capture the powers of government and establish an administration of the working class instead of the present capitalist system of society.; and,

"Whereas, As an intellectual revolution must first take place in the minds of the workers before they can intelligently take over and administer the industries and powers of government in the interests of their class ; therefore, be it

"Resolved, That the Thirteenth Annual Convention of the Western Federation of Miners does hereby re-affirm and endorse the resolutions of the Tenth, Eleventh and Twelfth Annual Conventions, recommending independent working-class political action ; and, be it further

"Resolved, That we recommend to all workers the study of economics, that it may lead to an intelligent conception of the class struggle, of their interests as the wealth-producing class of the world, and of the proper civic expression of these convictions at the ballot box, thus insuring a peaceful transition from the present capitalist mode of production and exchange, and its consequent degradation and misery, to the co-operative commonwealth."

"I hereby submit the following resolution for your consideration : "Whereas, The organization known as the Western Federation of Miners has in previous conventions declared themselves in favor of the Socialist Party, and in as much as this convention declared themselves in favor of industrial unionism, which is socialism with its working clothes on ; therefore, be it

"Resolved, That the name of the organization be changed from the Western Federation of Miners to the Western Federation of Socialists, and as the Socialists at this convention claim that those who do not believe in their principles are a burden to the organization ; therefore, be it

"Resolved, With all due respect to the members of the organization, that those local unions who do not believe in the socialistic principle be requested to withdraw from this organization." p. 304.

The Situation Immediately Preceding The Strike

unions were for some time in a position of very great power which, they were not careful to wield either with justice or consideration. The most extreme case of this condition was to be found in the courts. It became almost impossible to convict a union man of any offense. The judges conducted trials with absolute impartiality, and the public attorneys prosecuted with vigor, but juries could not be secured that would bring in verdicts of guilty. The defense of a union man might consist almost entirely in showing his union record, and man after man1 of whose guilt there was the strongest evidence went scot free.14

The movement to bring non-union men into the unions was always strong, and at times became violent. On August 6th, 1901 the following notice was posted at many of the mines:

"Take notice, that on and after September 15, 1901, anyone working in and around the mines, mills, or power plants of the Cripple Creek District, who cannot show a card of membership in1 good standing in some local union of the Western Federation of Miners, will be considered a scab and an enemy to us, himself, and the community at large, and will be treated as such. By order of the Cripple Creek Executive Board of the Western Federation of Miners.

This was followed on September 9th by the following: * ' You have no doubt read and thought about our circular which was posted pretty thoroughly throughout this district about five weeks ago. This notice is issued for the purpose of reminding you that the 15th of September is near at hand; that the time of grace has about expired. You have had two pay days in which to decide whether you are for us or against us - there is no middle ground. While a majority of the men working in and around the mines, mills, and power plants have responded to the call, there are still some outside our ranks. To these this

"Judges of the district, men who have maintained a most praiseworthy attitude of fairness and impartiality through all the bitterness and party strife of the strike, recount case after case such as the above.

notice is addressed. If you are working in or around the mines, mills, or power plants of this district, THIS MEANS YOU. Now, don't throw this to one side and say, 'Only another bluff.' If you are 'from Missouri' come into some of the unions of the Western Federation of Miners and we'll 'show' you that we are trying to help you as well as ourselves, and as the 15th is only about six days away, 'YOU'LL HAVE TO HURRY.'

Other notices of like tenor were posted at various times. There were threats and intimidations, and some actual violence. Occasionally men were frightened or driven from the district.15 It must not be supposed, however, that the conditions were such that life in the camp became generally untenable for non-union men. In many of the mines union and non-union men worked side by side, and an occasional mine worked with non-union men entirely.

During this time also the unions gradually developed a dangerous condition of minority rule. The large conservative membership began to remain away from the business meetings, and to take small interest in the routine of the conduct of affairs. The radicals came into undue power, and moderate men were at times hissed from their feet when they attempted to speak. It came about that extremists were elected to office,16 men entirely unfit for such. positions, who did not at all represent the better class of the membership. By the constitution of the Federation a strike could be called only by a three-fourths vote of the membership of every union concerned.17 Hardly had the difficulty

18 In July, 1903, five Austrians arrived in Victor from Butte, Montana. They were taken for Italians, and were escorted from the city by several union miners under the plea of finding them work on the railroad. Arriving at Hollywood they were told to keep on going and not come back, and after they had gone some distance a volley of revolver shots was fired into the air.

J«Au extreme case is that of C. G. Kennison, President of the Cripple Creek Union, and an influential member of the District Council. Men who knew Kennison well, and whose sympathies were decidedly with the unions, speak of him as "a rabid, crazy fool, devoid of understanding and common sense."

17 Article 5. Section 1. It shall be unlawful for any union1 to enter upon a strike unless ordered by three-fourths of its resident members in good standing loomed upon the horizon however, when the unions voted the power entirely into the hands of the District Council, a general committee of thirteen composed mostly of officers of the local unions.18 The meetings which took this action were not largely attended. Many of the men did not know that they had lost the referendum, and more of them regretted it when it was too late.

Thus there came the formation of a Little Mining Monarchy, shut off from the rest of the world by a high mountain range, strongly differentiated by its great altitude and arid climate, without agriculture or manufactures, its industrial life centered in mining: with its own separate political organization, the power in the hands of the miners, the unions controlled by a minority, the strike power in the hands of a clique. The powder train lies ready for the spark.

voting. Such questions shall be decided by a secret ballot at a special meeting called for the purpose, after having received the approval of the executive board of the "Western Federation of Miners. * * *

Smelters and reduction plants are located in Colorado at various centers of population throughout the state. The great bulk of the Cripple Creek ores leave the district to go to these places for reduction. Four plants which handle a considerable part of the shipments are located at Colorado City, - the Telluride Mill, the Portland Mill which handles only the ores of the Portland mine, and the Standard and Colorado Mills, both owned by the Colorado Reduction and Refining Company.1

The Western Federation of Miners was organized with the intention of including all trades closely allied to the mining industry, and in that idea included mill and smeltermen. No attempt was made to organize the Colorado mills however until 1902, when a general movement was inaugurated to form unions in all the smelters of the state. The movement was unsuccessful except at Colorado City, where Mill and Smeltermens ' Union1 No. 125 was formed in the month of August.2

At Colorado City the union was met from the start by the opposition of the mill managers. It was claimed by the union, and later practically admitted, that men were discharged simply for joining the union, and that as fast as their names became known they (were being dropped.3 A. K. Crane, who had become rather influential in the union, was accused of acting the spy, and reporting the names of new members to the company. He was expelled from the union, and later compelled to leave the city. Becoming thoroughly angered, the aThe Standard and Colorado Mills are built closely adjoining and are run under one management. It is necessary in various places to speak of them separately, but their close connection should be kept in mind.

union determined to make a formal protest against the discrimination, and to back it up if necessary by a strike.4 The opportunity was also to be taken to demand the wage scale in force in the smelters of the mountain towns. This would mean an increase in the minimum wage from $1.80 to $2.25, and slight increases in the pay of men earning between $2.00 and $3.00 per day. The men earning $3.00 and more would not be affected. A protest was also to be made against the deduction from wages of $1.50 per month to cover insurance and doctor's fees.

The committee made its call at the offices of the Standard and Colorado plants on February 14th. Manager MacNeil asked if any member of the committee was in the employ of the Colorado Reduction and Refining Company, and upon the answer being negative refused to meet the committee, or receive any kind of a statement from it. The committee returned to the union headquarters, and a strike was called at the Standard Mill. Two weeks later written demands were presented to the managers of the Portland and Telluride Mills for an increased schedule of wages. The demand was refused, and strikes were called in these plants also.

The opposition of the management had been of sufficient weight to prevent the union from becoming strong in the plants of the Colorado Reduction and Refining Company. Of the 212 men employed at the Standard mill only 46 were union men at the call of the strike. Thirty-six non-union men went out with them, making the total number on strike about 80. Some of the non-union men informed the management that they left their positions through fear of violence, threats of which had been made to them. The Colorado Mill had shut down on February 1st on account of lack of ore, and was still idle on February 14th. The strike accordingly did not affect it, and from its idle ranks the Standard Mill was able to draw workmen to fill some of the vacant places.

* The eight-hour question was not an element in the strike at Colorado City. The working day in the Colorado City Plants had for several years been eight hours, with the exception only of the sampling departments, where the day was ten hours. Nor was the formation of the union here a part of the general movement inaugurated by the Western Federation of Miners to force the eight-hour day which they had failed to secure by legislation. The Colorado City Union No.

At the Portland and Telluride Mills the organization had been more thorough. The Portland succeeded in keeping enough men to run, however, and continued with a greatly reduced force. The Telluride made no attempt to continue, but utilized the temporary shutdown to carry on some constructive and repair work.

Sheriff Gilbert of El Paso County swore in deputies to the final number of 65 to protect the property of the mills. No one was allowed to enter any of them without a written permit from the sheriff or the mill manager. Manager MacNeill himself received a deputy's commission. For a few days until the county could arrange for it, the deputies were paid by the mill managers, and a number of them continued to be so paid. The strikers established a complete line of pickets around each of the mills. Tents and other paraphernalia of camping were provided, and day or night no one entered the mills without having been seen.

A workman's picket never partakes of the nature of a parlor game, nor are the men who can be picked up at short notice to become deputy sheriffs likely to be of a class especially fitted to shine in polite society. There was constant friction between the pickets and deputies; several cases of disorder occurred; and there were charges of brutality on the part of the deputies toward the pickets, and charges of violence on the part of the pickets toward non-union workmen, both of which had more or less foundation in fact.

Manager MacNeill was dissatisfied with the insufficient protection and control of the situation afforded him by the presence of the deputies, and desired state troops to enable him to curb more effectively the activities of the strikers. He accordingly made a demand upon Governor Peabody for troops, but was refused. Mr. MacNeill was able, however, to bring the influence of certain powerful forces in the state to bear upon the governor, and having done so, he proceeded to Denver on March 3rd in his capacity as deputy sheriff, armed with a formal declaration of the existence of a mob from the sheriff of

125 was formed in July, 1902, and the legislature which failed to pass the law met In January, 1903, and was in session during the first strike at Colorado City.

There was no apparent necessity for the presence of troops at Colorado City at this time. A mob could not be said to exist in any ordinary sense of the term. Colorado City was quiet except for occasional street brawls, which are common enough there at any time. No destruction of property had occurred, and 65 deputies would seem an ample number to furnish protection for 4 mills. The mayor of the city, the chief

"I hand you herewith a communication from the Portland Gold Mining Company, operating a reduction plant in Colorado City, and from the United States Reduction and Refining Company, from which I have received requests for protection. I have received like request 3 from the Telluride Reduction Company. It has been brought to my attention that men have been severely beaten, and there is grave danger of destruction of property. I accordingly notify you of the existence of a mob, and armed bodies of men are patrollinig this territory, from which there is danger of commission of felony."

Q. "Well, you have testified that you commanded no set of men to disperse. You have testified that you had no warrant for any of these men or that they resisted arrest, and yet you went to the governor and told him that you couJd not control the situation here?" A. "I went to the governor and told him that I was - it either meant to have men killed there controlling the situation or that we must get men enough here to handle the situation without killing anybody." From testimony before Advisory Board.

"It being made to appear to me by the sheriff of El Paso county and other good and reputable citizens of the town of Colorado City, and of that vicinity in said county, that there is a tumult threatened, and that a body of men acting together, by force with attempt to commit felonies, and to offer violence to persons and property in the town of Colorado City and that vicinity, and by force and violence to break and resist the laws of the State, and that the sheriff of El Paso county is unable to preserve and maintain order and secure obedience to the laws and protect life and property, and secure the citizens of the State in their rights, privileges and safety under the Constitution and laws of the State, in such cases made and provided;

"I therefore direct you, in pursuance of the power and authority vested in me by the Constitution and the laws of the State, to direct the brigadier general commanding the National Guard of the State of Colorado to forthwith order out such troops, to immediately report to the sheriff of El Paso county, as in the judgment of the brigadier general may be necessary to properly assist the sheriff of that county in the enforcement of the laws and Constitution of this State, and in maintaining peace and order.

of police, and the city attorney united in a protest against the presence of troops.7 Business men protested generally. A petition protest was circulated, received 600 signatures, and was immediately presented to the state legislature.8 There is every reason tc suppose that the governor acted under stress in the matter, and contrary to his own personal judgment.

On the evening of March 3rd, 125 members of the National Guard, of whom 25 were officers, left Denver for Colorado City. With them were two gatling guns, 25 horses, and the various equipment for field service.9 Arriving at Colorado City they went into camp. Next morning lines of men were thrown around the mills; the union pickets were forced to disperse; and their camps were removed.10 The militiamen were very vigorous in their actions. The streets of Colorado City were guarded at various times ; the uriion hall was put under surveillance; and the homes of suspected union,, men searched.11 The union's officers were loud in their denunciation of the activity of the militia. Within ten days civil suits had been entered

7 GOVERNOR PEABODY - It is understood that the militia has been ordered to our town. For what purpose we do not know, as there is no disturbance here of any kind. There has been no disturbance more than a few occasional brawls, since the strike began, and we respectfully protest against an army being placed in our midst. A delegation of business men will call upon you tomorrow, with a formal protest of the citizens of the city.

"I have talked with a number of people during the afternoon, and they are all exceedingly indignant at the thought of having the militia come among us. If some trouble had arisen which we experienced difficulty in handlinig, then there might have been some cause for sending soldiers over here, but nothing of the kind has taken place. The assaults have been mainly fist fights, which are apt to take place at any time. I do not know of a place where a gun play has been made within my jurisdiction. If I could foresee that men involved in this labor trouble here would resort to the use of weapons, I might become scared myself, but the boys have never appeared to take that course, nor do I believe that they will countenance such methods in trying to win their flight. They know, as well as all good citizens, that they must have the public behind them, and I am suns that they do not care to employ force to win their victory."

8 This petition was put into the hands of the officials of the union and circulated to them. See Official Proceedings, W. F. M. A., 1903, p. 118.

» Bureau of Labor Statistics Report, 1903-1904, p. 55. 10The union later established some pickets outside the lines of troops. 11 For detailed statement of orders, movements, etc., see Adjutant-Gen'eral Biennial Report, 1903-4, pp. 10 and 11.

against the militia officers charging them with the arrest, detention, and imprisonment of citizens pursuing lawful vocations, the searching of citizens upon the public highways, the entrance of the homes of citizens, and the seizure and retention of the goods and chattels of citizens.

The Federation countered the militia movement by requesting the mine owners in the Cripple Creek District to cease shipments of ore to the Colorado City Mills. It was understood that the men in the mines would be called out if the request were not complied with. The Mine Owners' Association in a meeting held March 5th, refused.

The citizens of the Cripple Creek District, roused to the danger of the situation, now entered the field. Mass meetings at Cripple Creek and Victor passed resolutions urging that the difficulty be submitted to arbitration. An appeal was submitted by the business men of Victor to the District Council of the Federation, asking "that action of all kinds in the matter of the impending labor difficulties" be deferred for one week to give opportunity for "an amicable settlement of existing conditions." The appeal was granted immediately upon its presentation, and the district and general officers took advantage of the occasion to declare publicly their entire willingness to submit the matters in dispute to arbitration.12

On March 9th the state legislature adopted a joint resolution demanding that the parties in the controversy submit their claims to arbitration. Two days later the governor made a personal investigation. The day was spent in interviews with the officials of Colorado City, the union officers, and in visits to the mills where the governor talked with the men still at work. In the evening a public reception was given in the Antlers Hotel, Colorado Springs. Returning to Denver the governor announced that he did not feel justified in recalling the militia.

At the same time he issued invitations to the officers of the Federation, and to the mill managers, to meet with their council in his office, to confer relative to adjusting the matters at issue.

The invitation was accepted, and the conference met at 2 p. m. March 14th. The negotiations did not proceed to suit- Manager MacNeill. He was unwilling to join the other managers in making concessions for the settlement of the strike, and declaring that they were violating an agreement among themselves he withdrew with his attorney early in the evening.18 The conference between the other parties continued, and after an all-night session terms of settlement were agreed upon. The agreement with the Portland Mill was as follows:

" First: That eight hours shall constitute a day's work in and around the mills, with the exception of the sampling department, which may extend to ten hours.

"Second: That in the employment of men by this company there shall be no discrimination between union and non-union: labor, and that no person shall be discharged by reason of membership in any labor organization.

"Third: That all men now on strike shall be reinstated within twenty (20) days from Monday, the 16th day of March, A. D. 1903, who shall have made application for work within five days from this date.

"Fourth: That the management of the Portland Gold Mining Company will confer with any committee of the Colorado City Mill and Smeltermen's Union, No. 125, at any time within twenty (20) days, upon a subject of a scale of prices.

Mr. MacNelll's attorney (Judge Babbitt of Colorado Springs) has explained that before going to the Denver conference the mill managers came to an agreement upon conditions for which they were to stand absolutely. It was when the other managers began to weaken and to recede from these conditions that Mr. MacNeill left the conference.

The agreement with the Telluride Mill was the same, except that as the mill was undergoing construction and repair work and could not be opened immediately, the management simply bound itself to reinstate its old employees upon the resumption of operations.14

The first clause fixed the hours of labor exactly as they were before the strike. The second clause was merely a formal statement of the open shop principle, which existed previously, in appearance at least. The third clause protected the men from punishment for having been strikers, and the fourth agreed to a further conference on the wage question. The union had gained its recognition, but not the advanced wage scale.15

On the further invitation of the governor, Manager Mac- Neill met with President Moyer and Secretary Haywood of the Federation for a second conference. He would however make no concessions. He refused to recognize the union, or to confer with a committee in any way relative to a change in wages. No agreement should be made to reinstate the men, nor a single laborer lose his position to give work to a striker. He would only agree not to discriminate against federation men1 when in the future he should have need of additional workmen.16

As the result of the conferences the strikes were called off at the Portland and Telluride Mills, but continued at the Standard. The governor agreed to the withdrawal of the militia, and the Federation to the withdrawal of the suits that had been entered against the militia officers.

It is greatly to be regretted that Manager MacNeill insisted upon taking such an uncompromising attitude through the negotiations. If the series of events which were taking place at this time could have been stopped at any point the whole unfortunate aftermath at Cripple Creek might have been avoided. The union was acting in a conciliatory spirit, and had shown its willingness to come more than half way; the other managers had come to a satisfactory agreement, and any other attitude than that of laying down his own terms, and standing inflexibly upon them in a take them or leave them spirit, must have resulted in a settlement.

Temporary Strike At Cripple Creek

On March 16th, the week during which a stay of proceedings had been granted was ended, and the Cripple Creek District Union made a formal demand upon the mines furnishing ore to the plants of the Colorado Reduction and Refining Company to cease their shipments. The Victor Business Men's Committee made a last effort to get President Moyer and Manager Mae- Neill together in a settlement, but were unsuccessful. The mine owners took no action, and on March 17th, a strike was called upon all the mines furnishing ores to plants of the Colorado Reduction and Refining Company at Colorado City and Florence.17 The strike affected the Independence, Vindicator, Ajax, Independence Consolidated, Mary McKinney, Isabella, Strong, Findley, Mountain Beauty, Elkton, Granite, Gold King, Thompson, and Blanche mines, which were operating on the open shop principle and employed about 750 union men. The operators of the Vindicator and Mary McKinney mines agreed not to ship to the Colorado Reduction and Refining Company, and were allowed to continue.

The miners were not generally in favor of the strike. They had no grievance of their own, and could not see the logic of leaving their positions to help a few mill men in Colorado City. If the constitution of the Federation had been fully carried out and the question submitted to referendum vote in each local

"The strike at Cripple Creek was called by the District Council upon the formal request of President Moyer. See President's Report in the Convention Proceedings of 1903, p. 28: - "On March 16, after conferring with your Secretary-Treasurer and Member of the Board Copeley, we decided to request District Union No. 1 to notify all men working on properties supplying ore to the Standard Mill in Colorado City to discontinue work." Such a request amounted practically to a demand. (See same, p. 23.) Thus, while the responsibility was technically thrown upon the District Council, the General Executive Board was the real power behind the act. But see also Convention Proceedings, 1903, p. 118. Also, resolution, same, p. 248. "6. We commend the President for his promptness in calling out the miners of the Cripple Creek district to aid the striking millmen at Colorado City."

union there is small likelihood that the men could have been induced to vote the strike.18 Most of the mines concerned were under contract to furnish their ores to the Colorado Reduction and Refining Company.19 They could not accede to the demand of the union without making themselves liable to heavy damage suits, and hence the strike was called against them with their hands tied.

The call of the strike at Cripple Creek did not discourage those who were 'working for a peaceful settlement of the difficulty, but rather induced them to redouble their efforts. The business men of Cripple Creek and Victor continued their vigorous campaign. Governor Peabody on March 19th, issued a proclamation, and appointed a special advisory board to inquire into the labor difficulties, and to come to some conclusion if possible in the matter. As named by the governor the membership of the board consisted as follows: President Wm. F. Slocum of Colorado College, Colorado Springs; Hon. Chas. D. Hayt20 of Denver; Rev. Thomas A. Uzzell21 of Denver; Hon. Frank "W. Frewen22 of Cripple Creek; and Father Joseph P. Carrigan23 of Denver. President Slocum was unable to serve on account of pressure of work, and his place was not filled.

The board convened in Denver March 21st, and held sessions for several days, taking testimony from the federation and mill officials, and others. On the 25th it met in Colorado Springs

18 It should be safd that this conclusion differs from that of Walter B. Palmer, who conducted the investigation for the Labor Department of the United States Government, and also from that of W. H. Montgomery, the Deputy State Commissioner of Labor, in his biennial report for 1903-4. The language in the conclusions of both is identical : "It seems probable that if a referendum vote had been taken of the miners in the district a majority would have voted in favor of the strike." The conclusion of the author rests largely upon his personal knowledge of the conditions. He was in the district twice, in February and March, gathering material for the report on the strike of 1893, and had occasion to talk with a number of the miners. Excepting some of the officers, he did not find a man who favored a walk-out in sympathy with the Colorado City men. There was the strongest feeling that such talk was idle nonsense.

Rastall History Of The Cripple Creek Strike 83

and had a conference with a committee of the Mine Owners' Association. Next day it held its session in Colorado City, rvrhere it examined strikers, and employees of the mills, and officials of Colorado City.

As the result of its investigations the board reached the conclusion that the points at issue were in reality of small import, and that, "a heart to heart talk" should bring about a settlement.24 Accordingly a conference was secured between the officers of the reduction company and of the Federation, and attorneys for both sides, present also officers of the Colorado City, Victor, and District unions, the Mayor of Cripple Creek, and the Victor committee. Little by little the non-essential points were weeded out, but it seemed impossible to get an agreement upon the points that had proved stumbling blocks at the earlier conferences - the recognition of the union, the wage scale, and the immediate employment of the strikers. Manager MacNeill at length agreed to receive and confer with a committee of the mill employees concerning changes in the wage scale, but still declined to meet such a committee from the Federation. President Moyer waived the recognition of the Federation committee and accepted the offer of a conference without the guarantee of any increase in wages.

On the point of reemployment the negotiations were still unsuccessful. Manager MacNeill was emphatic in his refusal to set a time limit within 'which the strikers should be reinstated, or to make any agreement by which any men employed since the opening of the strike could lose their positions. The Victor committee offered to give employment to the strikers in the Cripple Creek District at $3.00 per day if the strike should be called off without reinstatement, but President Moyer refused. They then offered to give the same work to men who lost their positions at the Standard Mill if the strikers be reinstated, but

"As soon as the members of the Governor's advisory board were sufficiently advised of the real causes of the strike, they concluded that if the parties could be brought together in a heart to heart talk it might result in an amicable adjustment of their differences. This belief was strengthened by the fact that the board was of the opinion that such differences were too slight to t>e the cause of involving this State in an industrial war."

Manager MacNeill refused. This action, however, broke the ice. Manager MacNeill offered to give preference to the strikers, and take them back as soon as openings could be found at the mills. It was hoped, he said, that the increase in ore shipments would permit the opening of the Colorado Mill shortly, and in that case the men would be rapidly reemployed. This offer was finally accepted by President Moyer. Both sides waived the question of a written agreement,25 but the advisory board was to meet again in May and determine whether the agreement had been faithfully carried out.28

Telegraphic reports of the settlement were received in the Cripple Creek District with the greatest rejoicing. Bells were rung, whistles blown, the papers put out special editions to spread the news. Purses were raised and bands gotten out. Committees and officials coming in from the conference were met at the trains, and placed at the heads of processions which marched streets illuminated by bonfires and colored powders. There was endless cheering, and tooting of horns, and speechmaking; and over all the ringing of bells, the droning of whistles, and the crash of giant crackers. A mining strike settled was an event for the most intense rejoicing in the Cripple Creek District.

K This was a serious mistake. The whole latter dispute was made possible only by disagreement as to what had been the exact terms of the compromise.

"Mr. Moyer has this day agreed to accept the proposition of Manager MacNeill, as given In tfie communication of March 29, and he has declared the strike off, basing his action to some extent upon the opinion of the board as to the time within which it may be confidently expected that the men will be reinstated. Mr. Moyer has stated that he did this because he wished, so far as possible, to avoid bringing loss upon others, and particularly the miners and mine owners in the Cripple Creek district, for a cause, which, in the opinion of the board, was not serious."

The Call Op The Strike

The shipments of ore to Colorado City did not increase sufficiently to permit the opening of the Colorado Mill. The hope that this mill could be used to rapidly employ the union strikers was therefore without fulfillment. It became apparent early that Manager MacNeill and the Colorado City Union interpreted the terms of their agreement differently. As fast as vacancies occurred the positions were offered by the company without regard to the kind of work or the wage, but were refused by the men unless given their former kind of work and former 'wage. The company was holding the agreement to mean simple reemployment, the men, to mean reinstatement. Further cause of irritation was the refusal of Manager MacNeill to consider a new wage schedule. He met the committee of mill men according to his agreement, but that was all.

The advisory board convened for its final sessions on May 23rd, and received statements from the Colorado Reduction and Refining Company and the Western Federation. The statement of the company set forth that there had been one hundred two applicants for work, of whom forty-two were refused and sixty offered employment. A detailed list was given of the refusals, with reasons therefor. Forty-seven of the sixty men to whom work had been offered refused it, and only thirteen accepted. Twenty-seven were offered positions at the same pay they had received before the strike, eight accepted, nineteen refused. Eleven were offered higher wages, three accepted, eight refused. Twenty-two were offered smaller wages, two accepted, twenty refused.

The statement of the union took exception to many of the refusals of the company to employ men, and gave a detailed rebuttal to the statements made concerning them. It insisted that the agreement had been to reinstate the men in their old positions, and that the company had failed to keep its promise.2

After several days deliberation the board made a final report to the governor in which the conclusion was reached that the company had to the best of its ability carried out its promises.3 There is every evidence that this conclusion was a just one, so far as the letter of the agreement at least was concerned. The whole question was as to whether the company had agreed to reinstate, or simply to reemploy. Throughout the whole preceding series of conferences Manager MacNeill's position had been firm that he would take no step that would remove from his position a single man then in his employ, and a promise to reinstate the strikers must have meant the displacement of many. President Moyer in his report to the annual convention of the Federation in June states clearly that the proposition from Manager MacNeill which he finally accepted was to "take back" the striking men "without discrimination, if vacancies occur in the working force." and that Mr. MacNeill had just rejected a proposition offered by himself which included the "reinstatement" of the men.4 As to whether the company had not in reality discriminated by offering work in the most unac-

1 Report, Commissioner of Labor, U. 8., 1905, p. 129, and following. The statement is given in detail in Official Proceedings, 12th Annual Convention, Western Federation of Miners, pp. 125-133.

2 Official Proceedings, lUh Annual Convention, Western Federation of Miners, pp. 134-140. But see also some contrary opinions by union officers in same, pp. 169-170.

3 The report is given almost in full in the Special Report of the Commissioner of Labor, U. S. A., 1905, Labor Disturbances i<n Colorado, pp. 130 and 1311

"Third. Men who had left the company's service on account of the recent strike to be taken back without discrimination as to being union or non-union men, if vacancies occur in the working force."

"Third. All men who have left said company's service on account of the present strike, and all men who have been discharged, if any, for no reason

A month elapsed between the report of the commission and the second strike at Colorado City. No further men were employed by the Colorado Reduction and Refining Company, so the situation relative to the reemployment of the strikers developed no further. The union was dissatisfied however with the findings of the commission, and continued to declare that the company was violating both the spirit and letter of its promises, and to threaten another strike. The situation was further disturbed by the controversy over the question of wages. On May 1st. the Telluride and Portland Mills had agreed to the schedule submitted by the union, increasing the minimum wage from $1.80 to $2.25, and the -continued refusal of Manager Mac- Neill to consider this schedule caused dissatisfaction to his employees, and also to the managers of the other mills. Manager Hugh Fullerton of the Telluride posted a notice on July 1st. to the effect that after July 5th wages would be reduced, and the minimum be $2.00 per day. This notice was removed upon the calling of the second strike.

A statement of the conditions cannot be complete without a word upon the status of eight-hour day legislation in Colorado at just this time. The state legislature in 1899 had passed an act limiting the labor day in mines, smelters, and reduction plants, to eight hours. The law was an almost verbatim copy of the eight-hour law of Utah, which had been declared constitutional by -the supreme courts of the State of Utah, and of the United States, but notwithstanding this fact the Colorado Supreme Court declared it unconstitutional. In 1902 a constitutional amendment was passed by popular vote commanding the legislature to pass an eight-hour act. But when the legislature convened in 1903 a powerful lobby appeared upon the scene. Conflicting bills were introduced, and loaded with a confusion of dispute-provoking amendments. The two houses other than that they were members of Colorado City Mill and Smeltermen's Union No. 125, of the Western Federation of Miners, shall be reinstated."

"The same were promptly rejected by Mr. MacNeill, and on March 31, I declared the strike off, or rather declared an armistice until May 18, * * * " See also opinion of some union officers, same, pp. 169 and 170.

Upon the failure of the eight-hour legislation the Western Federation of Miners inaugurated a vigorous campaign of organization and strikes among the smelters of the state, to secure by force what apparently could not be gained by the ballot. The second strike was brewing in Colorado City. The eighthour day was not an issue there.6 But the Federation had decided upon a show of power, a trial of strength that would show that not with impunity could it be trifled with. The Cripple Creek District was its stronghold, the place for the most spectacular display, and there can be no question that these things had a powerful influence upon the executive officers of the Federation in bringing about the following strikes at Colorado City and Cripple Creek.

On July 3rd, a second strike was declared upon the Colorado Reduction and Refining Company at Colorado City. Only nine men responded to the call.6 Following the former tactics the men were called out from the mines in the Cripple Creek District on August 8th. But this time the Federation did not stop with the mines which were furnishing ore to the Colorado Reduction and Refining Company. The men were called out from all the mines of the district, with the exception only of a few small properties whose ores were being reduced by plants within the district. Thirty-five hundred men were affected, working in about 50 different mines.

"We wish once again to call the public's attention to the fact that the Western Federation has at no time made any demand of the mine owners of the Cripple Creek district other than that they withdraw their patronage from the mill trust in order that living conditions might be secured for the employees of said mills.

"This, it is unnecessary to say, they have refused to do, thereby compelling the members of the Western Federation of Miners to discontinue the reduction of ore or grossly violate their obligations and abandon their fellow members who were formerly employed in the unfair mills.

"While we deplore the necessity which makes us a party to the continued unsettled conditions which now prevail, being wholly convinced our cause is one of justice, we have no intention of giving up the battle until justice shall prevail and the same right conceded to mine and mill workers that is demanded by their employers."

The strike was called by the District Council of the Western Federation, in exercise of the general power given it months before the time of the first Colorado City difficulty. The district council was strongly under the influence of the executive board of the Federation ; it was the executive board that forced the action, and loath as the gentlemen composing this board have been to shoulder the responsibility, to them it belongs and to no others.7

There may be some doubt as to the opposition of the Cripple Creek miners to the first strike, but there can be none as to their opposition to the second. Loyally they obeyed the strike order of their organization and laid down their tools, but the vast majority, (many have put it as high as 90 per cent.) were unwilling to strike, and bewailed the haste with which they had voted away the control of their own labor.8

7 The folowinlg paragraph from the president's report in the Official Proceedings for 1903, pp. 23-24, shows where the power lay practically.

"At the close of this convention your officers, whoever they may be, should know whether they have the power to conduct the affairs of the organization between conventions or whether they must obtain the permission of a local union before they are permitted to act in what they consider the best interests of the organization. If, in cases of emergency, it is optional with a local union as to whether they go on strike in support of another local, when in the opinion of your Executive Board it is for the best interests of the Federation that they should discontinue work, then your officers are, indeed, helpless and uncertain of the outcome of any attack which may be made by the enemy. During the past year some unions have questioned the authority of your executive officers to order a strike without submitting the same to the local involved for a referendum vote. This is a matter of great importance, and in amending your Constitution you should so define the authority of your officers as to avoid occurrences of this nature in the future."

The convention passed the amendment asked for, giving the Executive Board power to call strikes (see same, p. 226), but this did not go into effect officially until later, when it had received the vote of the local unions.

8 In this connection see opinions of some of the Cripple Creek union officials before the annual convention, June, 1903. Convention Proceedings, pp. 169 and 170. "Brother Seitz doubts if called on to come out that they would respond."

"Pollard . . . states that No. 19 would come out if asked, but states that they are only a small part of the Cripple Creek District for all that."

"W. F. Davis states . . . that if called out No. 19 will come out any time. ... He states that Dan Griffis, secretary, of Victor, stated that, if called out, the members of Victor Union No 32, he thoulght, would respond only to the extent of twenty per cent.

Colorado City in which nine men were out. It tied up the industry of a whole section. The Western Federation of Miners had never had an organization in the Colorado City Mills, and the whole difficulty resulted from the attempt at organization there. Success had been achieved in two of the working plants, but not in the third. Ostensibly to force into line this third plant, which was running full capacity, 3,500 men were called from the mines. The Cripple Creek miners were to be used to club the mine owners into clubbing the Standard Mill to the wishes of the Western Federation of Miners. Comment on such an action is hardly necessary.9

The First Period Of The Strike

Quiet prevailed in the Cripple Creek District during the first three weeks of the strike. Mining operations were almost entirely suspended. The men held frequent meetings, strengthening their organization, and thoroughly picketing the district to prevent any men from going to work. The Standard Mill was compelled to shut down on account of lack of ore September 2nd, but announced that one-third pay would be given its employees for an indefinite period. The Portland Mine was allowed to resume operations on August 22nd. All of its ores were reduced by its own mill at Colorado City, and the management agreed specifically that no ores should be shipped to "unfair" mills. The mine was not unionized but continued on the open shop principle. The merchants of the district having announced

The Cripple Creek Union asked for a constitutional amendment making all legislation of the district unions subject to the initiative and referendum, but it was voted down. See, same, p. 218.

9 The queston as to whether the strike was "sympathetic," being merely a question of terms, need not T>fc discussed here. The mine owners insisted upon calling it a sympathetic strike, while the Federation declared that since the strike was all within its own order it was not sympathetic. Whatever be our terminology the vital point remains that the strike at Cripple Creek was called for the sole officially announced purpose of forcing the United States Reduction and Refining Company to close its works through lack of ore.

that they would allow no further credit during the strike, the unions organized cooperative stores in Cripple Creek, Victor, and Anaconda. Goods were sold to the miners from these stores at cost, for cash, or upon orders from the union. The treasury of the federation was well supplied, and no hardship was experienced.10

Late in August the Colorado City Union called a strike upon the Telluride Mill, which earlier in the year had granted all the demands of the union, including the increased schedule of wages. "Walter Keene, the head preeipitator, considered one of the best men in the employ of the company, had remained non-union and refused all invitations to join the organization. He was warned to leave. When he entered the mill on the 25th, he was met by a crowd of men, jostled, threatened, and finally struck on the head with a dinner pail. Thoroughly frightened he went to the office and resigned. Manager Fullerton discharged two of the men for participation in the assault, and stated his position with vigor in a letter to the union.11 The union officials demanded the reinstatement of the discharged men, and upon being refused called a strike at the mill.

10 During the period the Mine Owners' Association was made a formal organization, and elected its first set of officers. The Citizens Alliances of the district were also formed at this time, and began to exert their influence as allies of the Association. For a general history of these organizations see Chapter VI.

"Gentlemen : - When our company informed you that it was not our intention to discriminate against union men, when hiring our force of workmen, we understood that your union was not to discriminate. One of our best men, Mr. Keene, has just resigned from our employment because of actual bodily violence, and because of threats on his life made by a mob of your union in our employment.

"Our company will not stand for any such system of dictation by any union, as to whom we may or may not keep in our employment, and we give you notice that Mr. Keene did not resign with our consent ; that we are well satisfied with him in all respects, and that had he been willing to remain in our employment we should have stood back of him in all events ; and that if any such system of dictation is again attempted by your union our company will discover which of our employes belong to your union, and will at once discharge every union man, for the sole reason that he is a union man, and that thereafter we will conduct our mill as a non-union mill.

nor any apparent method of settlement unless they were to join hpuds with the organization that had acted so arbitrarily against them, and eating humble pie, seek to force the Colorado City Mills to share it with them. They determined to exert their strength to the limit to break the strike, and to break it without compromise. On August 13th, they issued a statement which reviewed the satisfactory conditions at the time of the strike, and the unwillingness of the men to participate in it. The strike was characterized as most arbitrary and unjustifiable, and they announced their intention to open their mines and operate them in future in absolute independence of the "Western Federation of Miners.12 It was decided to combine upon the opening of single mines, and the El Paso was chosen for the first. The shaft house was surrounded by a stockade, and a board fence ten feet high, and 17 armed guards placed upon the property. The mine was opened August 18th, with about 75 men.

A series of events on Sept. 1st, ended the period of good order and immediately precipitated a crisis. The Golden Cycle Mine was preparing to start up, following the El Paso, and was being surrounded by a board fence. When the carpenters came to work they were held up with a gun by a union picket, but were later allowed to pass. Ed Minster was arrested for the offence and lodged in jail. In the afternoon John T. Hawk-

12 "A general strike has been called on the mines of the Cripple Creek district by the executive heads of the Western Federation of Miners. At the time this strike was called, and in fact ever since the settlement of the labor difficulties of 1894, the most entire harmony and good will has prevailed between the employers and employed in this district. Wages and hours of labor have been satisfactory and according to union standards, and generail labor conditions have been all that could be wished.

"Notwithstanding all this, the heads of the Western Federation have seen fit to compel the cessation of all labor in the district, not because of any grievance of their own against the Cripple Creek operators, but for reasons entirely beyond our control. No more arbitrary and unjustifiable action mars the annals of organized lagor, and we denounce it as an outrage against both the employers and employed.

"The fact that there are no grievances to adjust and no unsatisfactory condition to remedy leaves the operators but one alternative, and that alternative they propose to adopt fearlessly. As fast as new men can be secured, our mining operations will be resumed under former conditions, preference being given to former employees, and all men applying for work wfll be protected to the last degree."

Rastall History Of The Cripple Creek Strike 93

ins, a justice of the peace, was assaulted upon the main street of Altman, knocked down and badly cut upon the head. He had discharged one of the El Paso deputies the day before on the charge of carrying concealed weapons, and fined another one $25.00 and costs. On the same night Thomas M. Stewart, an old man, who had gone to work as a carpenter upon the Golden Cycle, was taken from his home by five masked men, cruelly beaten, shot in the back, and left for dead. He managed to crawl to the electric road, and was taken to the Victor Hospital, where he finally recovered.13

These outrages stirred the district deeply, and the feeling was intensified the following day by the release of Minster. The district attorney had been delayed in filing the information against him. Undersheriff Gaughan,14 a federation member of the most extreme type, had been notified that the information was being prepared, but took advantage of the technicality to set Minster at liberty. The mine owners had already begun to demand troops on account of the assaults of the day before, and they were now able to back their demands with the declaration that the county authorities were not trying to give them protection.

The Militia In The District

Sheriff Robertson was asked to call for troops, but refused, saying he could and would control the situation.15 He agreed however to appoint deputies of the mine owners' choosing and did so in sufficient number to station from three to five men at every mine. Telegrams were sent by a number of the mine owners to the governor, and a lengthy message was sent by the mine owners in common, which declared a reign of terror to be imminent, and the sheriff's office unable to handle the situation1,

13 On Sept. 2nd the Mine Owners Association offered a reward of $300 for information leading to the arrest and conviction of the person who had assaulted Justice Hawkins and $1,000 for those who had assaulted and shot Thomas M. Stewart. The Golden Cycle Mining Co. offered an additional reward of $500 for the arrest of Stewart's assailants.

14 Undersheriff Gaughan was a member of the legislature at the time El Paso County was divided. He was appointed assessor by the governor, but was defeated for nomination in the convention the following fall. He then opened a saloon, where he presided up to the time of his appointment as undersheriff.

Next day Governor Peabody appointed a commission composed of Brigadier General John Chase,17 Attorney General A. C. Miller, and Lieutenant T. E. McClelland,18 to investigate conditions. The commission left at once for the district. On the same evening the governor and General Bell held a conference with President Colburn and Treasurer Bainbridge of the Mine Owners' Association. As the result of the conference the governor agreed to call out the troops, but insisted that the mine owners should provide funds for the expenses of the campaign, accepting state certificates of indebtedness payable in four years1.19 The commission arrived at Victor at about nine o'clock at night, and held a conference with Mayor French, and others. It then proceeded to Cripple Creek, where it met members of the Citizens Alliance and Mine Owners' Association, Sheriff Robertson, and Mayor Shockey. Mayor Shockey refused to sign a request for troops, and Sheriff Robertson insisted that he had the situation well in hand, and that there was no need for troops. The commission left on a special at four o'clock in the morning, having been in the district less than eight hours, and from Colorado Springs telegraphed their opinion of the urgency of the situation.20 The governor a few hours later issued an order calling out the troops.*

17 General Chase was later prominent in the friction between the military and civil authorities, and was an important facfor in all the military activity.

18 Lieutenant, later Major, McClelland also became a prominent figure in the militia movements. He is the man who when accused of having violated the constitution replied, "To hell with the constitution ! We aren't going by the constitution." He is now (1905) county attorney of Teller County.

Have visited Cripple Creek and Victor, and after careful inquiry among representative citizens and property owners, including mayors of Cripple Creek and Victor, we are of the opinion that the lives of the citizens of the district are in imminent danger and property and personal rights are in jeopardy. Prompt action is imperatively demanded by the above people to protect the lives and property of the citizens. We find that a reign of terror exists in the district. We do not believe that the civil authorities are ab!e to cope with the situation. (Signed by the three commissioners).

"Ordered : It having been made to appear to me by reputable citizens of the county, by the constituted civil officers and by the honorable commission

There has been considerable difference of opinion as to the necessity for sending troops to the district at this time. The only call for them had been by the mine owners or those closely connected with them, and the local authorities were practically a unit in denouncing the act as an outrage. It must not be forgotten in this connection how thoroughly the police officers of the county were in sympathy with the unions, but from two of the most unprejudiced and non-partisan sources, the Mayor of Cripple Creek, and the Board of County Commissioners, there came from the former a refusal to call for troops, and from the latter a protest of no uncertain sound.21 There had appointed by me to investigate the matter, that an insurrection is threatened in the county of Teller, in the State of Colorado, and that there is a tumult threatened and imminent, and that a body of men are acting together, by force, with attempt to commit felonies, and to offer violence, to break and resist the laws of this State, and that a number of persons are in open and active opposition to the execution of the laws of this State in said county, and that the civil authorities are wholly unable to cope with the situation :

"I, therefore, direct you, in pursuance of the power and authority vested in me by the Constitution and laws of the State of Colorado, to direct the brigadier general commandinlg the national guard of the State of Colorado, to forthwith order out the First regiment of infantry, together with Company H of the Second infantry, Colonel Edward Verdeckberg commanding, together with the First squadron of cavalry, consisting of Troops B, D, and C, also Battery A, and the signal corps and the medical corps of the State, and to prevent said threatened insurrection ; and he will protect all persons and property in said county of Teller from unlawful interference, and will see that threats, assaults and all sorts of violence cease at once, and that public peace and good order be preserved upon all occasions, to the end that the authority and dignity of this State be maintained and her power to suppress lawlessness within her borders be asserted.

21 "Whereas, The board of county commissioners . of Teller County have been advised that the governor of the State of Colorado has sent the militia to this county for the pretended purpose of suppressing a riot that does not now, and never did exist, and to protect property and individual residents of the county that are not in danger ; and

"Second,. That the sheriff of Teller County is perfectly able to handle the situation here, and has been authorized by the board to employ any and al'l deputies necessary to protect life and property, which, in the opinion of the board, he is doing.

been no riot in the district, nor any such condition of general lawlessness or disorder as is usually considered necessary for the calling out of troops. There had been individual assaults, however, and unquestionably the owners were being thwarted in the effort to open their mines by the fear upon the part of the men of physical violence. No one who knew the history of the Western Federation of Miners but would expect violence to accompany the opening of the mines, and in this doubtless lies the real reason for the presence of troops. They were called out to protect the owners in opening their mines, and to relieve the fears of the men who hesitated to return to work.

Pursuant to instructions Adjutant General Sherman M. Bell issued orders to the first regiment, and other companies of infantry, cavalry, and artillery of the Colorado National Guard, to proceed to the Cripple Creek District.22 On Sept. 4th, they arrived, in number about 700, and went into permanent quarters at Camp Goldfield, among the largest mining properties of the district, near the town of Goldfield.23 Subsidiary camps than at other times. That the parties guilty of the late assaults will be apprehended hy the civil authorities and prosecuted. The state troops .can in no way aid in apprehending these parties.

"Fiith. That the governor of this state, without cause therefor, has sent the militia to this county, and by so doing engenders ill feeLing, prolongs the strike, and does a great injury to the Cripple Creek mining district.

"Sixth. It is the judgment of the board of county commissioners that the commission sent by Governor Peabody to this county to investigate the strike situation was not sent for an honest purpose, but as a cloak, to cause the people of the State of Colorado to believe that the law officers of Teller County were unable to handle the strike situation.

"This statement is made because the commission sent by the governor did not make an honest investigation of the situation. The commission reached here at 9 :30 p. m. Thursday and left at 4 o'clock Friday morning, remaining in camp less than eight hours."

were located at Camp Bull Hill near Altman, Camp El Paso near the El Paso Mine, Camp Golden Cycle in the town of Goldfield, Camp Elkton in the town of Elkton, and Camp Cripple Creek in Cripple Creek. Additional troops continued to arrive, until by Sept. 30th their number reached over one thousand.24 Guards were placed at all the large mines, and in1 all the towns and cities of the district, and sentinels were placed upon the public highways.

The signal corps proceeded to put into operation a most complete system of communications. At headquarters, lines of the Western Union and Postal Telegraph Companies, and of the Colorado Telephone Company, gave direct connections with points outside the district. The Colorado Telephone Company provided local service throughout the district, with a special Switchboard, and in addition an entirely independent system (was established directly connecting the military camps and departments. Signal stations were located on the tops of the principal hills, and kept in constant operation, and a searchlight moved from one vantage point to another flashed over the district by night. A more complete system would hardly have been established had an actual military campaign been in progress.25

On Sept. 10th the military authorities began a series of almost daily arrests of union officers and men known to be strongly in sympathy with the unions. The old wooden jail at Goldfield was surrounded with a high stockade, and used as a military prison, and became commonly known as the "bull pen". Here the men were confined for varying periods, without trial or preferment of charges, and discharged with threats of rearrest if they failed to conduct themselves in future according to the wishes of the military. Sept. 10th Chas. Campbell, H. H. McKinney, and three other men, were arrested. Next day James Lafferty, one of the union leaders, was added to the number. At midnight on the 12th a squad of soldiers entered

24 Infantry 600, Cavalry 250, Artillery 75, Signal and Medical Corps 80 ; total, 1,005. Bureau of Labor Statistics Report, 1903-4, p. 81; Biennial Report Of Adjutant General, p. 130.

the home of Sherman Parker, Secretary of the Altman Union, searched the house, and forced Parker to dress and accompany them to the jail. On the 13th a squad of 20 men stationed themselves at the Victor Union Hall and made a search for W. B. Easterly, President of the Altman Union, but failed to find him. Numbers of other officers and influential members of the unions were put under detention throughout the month.26

But the militia did not stop with the arrest of union leaders. On the 14th W. C. Reilley, a justice of the peace of Independence, was arrested and thrown into the "bull pen."27 No charges were made against him, but it was understood that he had shown himself too friendly to the unions. Joe Lynch, City Marshal of Independence, was arrested and told that he had been talking too much. The chairman of the Board of County Commissioners, P. J. Lynch, was arrested by a file of 22 men and taken to headquarters. He was accused by General Chase of making remarks derogatory to the militia, and of advising the men not to return to work, and was then released, with the threat that he would be rearrested and kept if he did not change his attitude.28

Sept. 29th the militia arrested the working force of the Victor Record. The Record was the morning paper, and the local organ of the Federation. It was not inflammatory in its tone, but had published the official statements of the unions, and freely criticised the acts of the militia. A detail of 45 men marched to the office in the early evening, arrested the editor, George E. Kyner, and the four employees found there, and

26 Nine cases were later filed in the district court by the federation charging John Chase, Sherman M. Bell, and Thomas E. McClelland with violating the constitutional rights of its members. The trials were held before Judge Robert E. Lewis, who held that inasmuch as the defendants were members of the state militia upon active duty they had the right to arrest persons, and that the length of time in the trial case was not an unusual length of time for confining persons without filing a complaint against them. He accordingly instructed the jury to bring in a verdict for the defendants.

27 Justice Reilley was an unsuccessful lawyer of the pettifogger type, a heavy drinker, and at times before elected justice of the peace, made his living by manual labor.

28 Mr. Lynch was the one member of the board of county commissioners who was a member of the Western Federation. He was strongly in sympathy with the unions.

Eastall Histoey Of The Ceipple Ceeek Steike 99

took them to the ''bull pen." The business manager and the press man arrived soon after the arrests had been made. Mrs. Langdon,29 a linotype operator, having heard the news, came with all haste to the office. The doors were barred and admittance refused to a new squad of soldiers, and working with might and main this remnant of the force put out the issue at the regular time in the morning. At the head of the first page appeared the legend: "Somewhat disfigured but still in the ring." Mrs. Langdon then went up to see her husband, who was one of the employees arrested, and being refused admittance presented the guards with scarcely dried copies of the morning edition. The Record force was kept imprisoned for 24 hours, and then, under orders from Governor Peabody, was turned over to the civil authorities charged with criminal libel. Whatever difference of opinion there may have been as to the need for troops, there could be none as to the effect of their activity once upon the scene. The fact that the campaign expenses were being borne temporarily by the mine owners could not but have its effect.80 The military leaders were from the first in the closest sympathy with the mine owners, and the efforts of the troops were devoted not so much to the simple preservation of order, as to the crushing of the activity of the unions. General Bell expressed himself very simply on this point: "I came," he said, "to do up this damned anarchistic federation."31

29 Mrs. Emma F. Langdon is the author of a book on the strike situation, The Cripple Creek Strike, which has heen adopted by the Western Federation of Miners as the official statement of its side of fhe case.

"But that he (the Governor) should virtually borrow money from the mine owners to maintain the troops he had assigned to guard their property, was a serious reflection upon the authorities of the state. The arrangement virtually placed the troops for the time being in the relation of hired men to the mine operators and morally suspended their function of state military guardians of the public peace. It was a rank perversion of the whole theory and purpose of the National Guard, and more likely to incite disorder than prevent It."

81 General Bell gives his idea of the extent of his powers in the conclusions of his report to the governor, Biennial Report, Adjutant General, p. 20.

Conclusion

"In concluding the report, I am not unmindful of the fact that during the critical times during the different military campaigns, when in a moment's notice, and without hesitation or a second's delay, it became necessary to act

Civil And Military Authority

The general quartering of troops throughout the district, their spectacular activity, and especially such events as the arrests of public officials, newspaper men, etc., caused much excitement, and at times aroused strong public indignation. Hotheads were not lacking with all sorts of suggestions for retaliation. The sheriff's office was besieged with demands that he should form a posse, and take the prisoners out of the "bull pen" by force, and had the sheriff been a stronger man serious trouble might have been precipitated. The county commissioners showed their cool headedness by calling in as expert counsel Ex-Governor Thomas, and United States Senator Patterson, both attorneys of large experience.32 These men argued and advised, and explained between the various parties, and wielded an important influence in keeping the situation from the breaking point.

The friction between the civil and military authorities found its way into the courts. Friends of Chas. Campbell, H. H. Mc- Kinney, Sherman Parker, and James Lafferty made application in the district court for writs of habeas corpus, and Judge Seeds issued writs returnable on Sept. 18th. Upon the date set counsel appeared for the militia officers and moved to quash the return. The court set the hearing of the motion for Sept. 21st. Lieutenant McClelland appeared on the morning of the 21st, and asked permission to file an amended return. This Judge Seeds permitted but declared that it was imperative that the prisoners should be produced in court. The militia officers answered in a significant way. Ninety cavalrymen rode to the court house and surrounded it; the court was cleared, and only court officers and members of the bar permitted to pass in. A quickly ; the point of law is that, when, in a Constitution or a statute, the powers of a military commander are defined or decided upon as a military necessity, the definition is exclusive. The definition of "Military Necessity" is very respectfully submitted, viz. :

"Military necessity recognizes no laws, either civil or social." See also Ray Stannard Baker in McClure's Magazine, March, 1904. 82 Both are prominent Democrats, and stand among the leaders of the party in Colorado.

company of infantry escorted the prisoners to the court house, and fourteen men with loaded guns and fixed bayonets entered the court room with them. Next day the prisoners did not appear at all, though the court issued two orders for them. On the 23d, the court house was again suurounded by a large body of infantry and cavalry; a gatling gun was placed in the street in front; and a detail of sharpshooters occupied the roof of the National Hotel across the way. Under a guard of 35 soldiers the prisoners were then allowed to appear. The same proceedings were repeated on the 24th.