Cripple Creek, Colorado - The Labor History of the Cripple Creek District : a Study in Industria (part 3 of 4)

Judge Seeds decided the cases in favor of the petitioners, and ordered them released. In his decision he reviewed the conditions under which the militia were present in the district; examined at length the habeas corpus law; and cited the constitution of Colorado which declares that the militia shall always be in strict subordination to the civil power.33 He admitted that the military commanders had the right to make arrests, but declared that the persons arrested must be turned over immediately to the civil authorities. General Chase refused to obey the order of the court, and took the prisoners back to the "bull pen." Later in the day they were released upon telegraphic orders from Governor Peabody. Other writs were granted from time to time and recognized by the militia officers, but the men were often rearrested immediately thereafter, and the orders of the court thus as effectively thwarted as though they had not been obeyed.

Military Subordinate To Civil Power

Section 21. That the privilege of the writ of habeas corpus shall never be suspended, unless when in case of rebellion or invasion, the public safety may require it. MILITARY SUBORDINATE TO CIVIL POWER:

Section 22. That the military shall always be in strict subordination to the civil power ; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in' time of war, except in the manner prescribed by law.

From the opinion of Judge Seeds "There could be no plainer statement that the military should never be permitted to rise superior to the civil power within the limits of Colorado."

in facilitating the opening of the mines. Within a week after the arrival of troops the Findlay, Strong, Elkton, Tornado, Thompson, Ajax, Shurtloff, and Golden Cycle had started up with small complements of men. On Sept. 17th, seventy strike breakers arrived under military guard, and next day three carloads more came into camp. Numbers of federation members, out of sympathy with the strike and the organization, and assured of protection, returned to work. The mine owners issued an estimate on October 10th, showing 2,900 men employed, of whom 1,200 were union men employed by the Portland and other "fair" mines.

The Mine Owners' Association had agents in a number of states offering a three dollar wage and transportation, to men who would take work at Cripple Creek. They were not always careful to say that there was a strike in progress in the district, and the men were often unaware of the conditions until their arrival, when they were practically forced to go to work. On Sept. 19th, a number of new arrivals were being escorted to the Independence Mine by a company in charge of Lieutenant Hartung, when one of the number broke away and called to his fellows not to go to work but to follow him. The lieutenant tried to arrest the man, and upon his continuing to run fired at him. A warrant was issued for Lieutenant Hartung, tat the military officers would not allow it to be served.34

»*The warrant was sworn out upon affidavit made before Notary Abby C. Coldwell by Emil Peterson, the man shot at, and his companion Carl Hanson. The latter part of the affidavit is as follows:

"On the 8th of September I went to Duluth to get work. At Duluth B. B. Gilbert & Co. labor agents, 5 South avenue, west, employed me to go to work In the Colorado gold mines. I was to get from .$3 to $5 per day to fire boilers In the mine. I was shipped here from Duluth. Mine owners of Cripple Creek advanced me $18 for car fare. The company would pay this if we contracted to work a month. About seventy-five men were shipped from Duluth. I don't know how many quit on the way. Others joined at St. Paul, making near 150 altogether. I think that about eighty of these, of whom only five had ever worked in a mine arrived last night, Friday, September IS. B. B. Gilbert and Co. told us there was no strike in Cripple Creek. They had a. newspaper in the office, saying : 'No strike in Gold Camp ; all men go to work.' At Colorado Springs we discovered there was a strike. Men with spectacles on who said they were mine lessees met us in Colorado Springs and came on with us. I stayed last night at the Rhodes house with a party of ten. We took breakfast and then went to a building near where the shooting occurred. Here there were many others. The men were lined up and an

The number of troops in the district was gradually reduced during October and November, the reports of the Adjutant showing 498 men on duty November 30th.35 officer said ; 'Come on boys, go to work.' I said out loud in Spanish, 'Dou't go to work.' I started to run and he fired at me with a pistol. I ran zigzag to avoid the bullet. He fired once. I got away."

The militia based its action on section 15, chapter 63, Session Laws, 1897. No person belonging to the military forces of the State shall be arrested 011 any civil process while igoing to, remaining at, or returning from any place at which he may be required to attend to military duties.

85 For full accounts of the numbers and distribution of the men during the whole period of operations, see Adjutant's Report in Biennial Report of Adjutant General, 1903-4, pp. 127-140.

Attempted Train Wrecking And Vindicator Explosion

An apparent attempt was made to wreck a Florence and Cripple Creek passenger train on the night of Nov. 14th. Spikes and fish plate bolts were removed from the rails, but the track not entirely separated, and the tram passed the point in safety. Two nights later a second attempt was made at a point near Victor. The track makes a sharp curve around a projecting hillside at this place, and a train leaving the rails would roll 300 feet down a precipitious slope to the bottom of a ravine. The destruction of life in a crowded accommodation train of light coaches could not but be terrible. But the train was warned and passed in safety.1

Next morning detectives Scott and Sterling2 came to the office of Judge Seeds and stated that they had received information of the intended attempt at wrecking the night before, and had watched, viewing the operation and identifying the men. They were ready they said to make informations, but were afraid the sheriff's office would in some way allow the men to escape, and asked for the issue of bench warrants which they could serve direct. Later in the day H. H. McKinney and Thomas Foster were arrested by a squad of militia, and charged with the of-

1 General Manager Jesse Waters of the F. & C. C. R. R., in a signed interview Nov. 18th, said two men in the attempt were known and would be arrested. Referring to a report that the attempts had been made by union men, he said : "We have too much respect for Union Men to think for a moment that any of them would resort to such methods. * * * * "There were Union men aboard the train." - Cripple Creek Times, Nov. 18th, 1903.

2D. C. Scott was the detective for the Midland Terminal. K. C. Sterling was a special detective in the employ of the Mine Owners' Association.

While in jail McKinney made a written confession to detectives Scott and Sterling, in which he implicated Thomas Foster as participant, and Sherman Parker and W. F. Davis as accessories.3 Later he made another written confession to Frank !J. Hangs, the Cripple Creek attorney for the Federation, in which he denied the statements in the first confession, saying that it had been brought to him already prepared and signed under promise of $1000.00, and immunity from punishment, and transportation for himself and wife to any part of the world, and that he believed Scott and Sterling had secured the confession from him to clear their own skirts. He also wrote a letter to his wife which contained the same statements as those in the second confession.

Parker, Davis, and Foster were charged with conspiracy to commit murder, and came to trial in the District Court in February 1904. 4 The prosecution rested its case largely upon the testimony of McKinney. He now swung round again ; declared his first confession to be true and the second one false, and gave a detailed story of his participation in two train wrecking attempts. Parker, he said, had first broached the matter, and finally offered $500.00 for the job. Foster had assisted him in the first attempt, and he had secured Charles Beckman to help him the second time. His testimony remained unshaken through a most searching cross examination.

Mrs. McKinney corroborated the testimony of her husband in some points. Charles Beckman testified that he had become a member of the Federation as a spy for the Mine Owners' Association, and while apparently aiding McKinney had been keeping Detective Sterling posted as to the course of events. Detectives Scott and Sterling swore that they received tips from Beckman, and had watched the men make the attempt, and

The defense attempted to show that Scott and Sterling, being in the employ of the mine owners, had themselves made a bogus attempt at train wrecking, and bribed and frightened McKinney into a perjured confession which should convict union officers and throw the union into disrepute.5 McKinney on cross examination admitted making the confession to Attorney Hangs, but declared that it was a false one. He also admitted writing the letter to his wife which contained the same statements, but said he had lied. The defense showed that McKinney had been given unusual privileges at the jail, being sent out to his meals and allowed to spend some time with his wife away from the jail, and that both himself and wife had been furnished with new outfits of clothing. McKinney said he did not know who paid for the clothes and meals, but that it might have been Sterling. He denied that the detectives had promised him money or immunity from punishment, and said that they had merely promised to use their influence to secure leniency for him.

Victor W. Mather, a butcher employed in the union store at Victor, swore to having been walking along the F. & C. C. tracts upon the night of Nov. 16th going to his home, and to have come upon two men tampering with the rails. They ran away, but he got close enough to have a good look at them, and identified them upon the stand as Scott and Sterling. Engineer Rush of the F. & C. C. By. testified that Detective Scott had asked him where the best place would be to wreck a train, and that he had told him of the place where the attempt was made. J. C. Moore, section foreman for the F. & C. C. By. testified that on the morning after the attempt he went to the place where the rails had been tampered with, and found in the fresh snow the tracks of two men coming down to the railroad. There were tracks going down from the road, but the men had been running and slipping and he could not tell any-

5 The charges In train wrecking cases were made the principal basis for declaring Teller County in a state of rebellion. See Governor's proclamation, Dec. 4th.

East All History Of The Cripple Cheek Strike 107

thing about the footprints. He measured one of the tracks above the railroad carefully, and said Scott told him it was his. There were the tracks of two men only on the hill at this point. A number of witnesses testified that Beckman had tried to persuade them to commit various acts of violence to win the strike. Others testified to prove an alibi for Foster. It was shown that a number of union men were on the train that would have been wrecked had the attempt been successful.6

District Judge Lewis of Colorado Springs presided at the trial, and the jury was selected from a special venire of 80 chosen from points of the county outside the mining area. Most of the jurors were ranchmen or timbermen, and none were miners or union men.7 The jury, in about half an hour, brought in a verdict of not guilty.

MJeKinney on the witness stand had testified as follows: "Q. Mr. McKinney, as I understand you, you agreed to wreck a railroad train for $500, is that correct? A. I believe so, yes. Q. And you were going to share that with your partners in crime, is that correct? A. I suppose so. Q. So that for $250 you were willing to plunge the souls of men into eternity in that way by wrecking the train ; you were willing to kill men for $250, is that correct? A. Looks that way. Q. You undertook the job of killing them for $250? A. Yes, sir. Q. Now are you in that same frame of mind now that you would kill men for $250? A. I might under the same circumstances." He was either a criminal of the worst type according to his own confession, or a man who had endeavored to perjure other men to their death. Judge Lewis after the trial refused to admit him to bail. Several weeks later his case was nolled on the ground of his having turned state's evidence and his companions in the crime having been set free.8 He was then

7 Charles Matthews, 'John Lee, Aaron Smith, F. M. Longevell, A. S Chadwick, W. J. Lindsay, David Vauighn, C. D. Profit, J. A. M. Smith, F. B. Robinson, BJ. A. Eiswerth.

8 See written brief by district attorney filed with, case papers N. 752. Such proceedings are taken under the general doctrine that where a person fully and impartially discloses aW of his connection with a crime for the informaton of the state, thus leadng to the detection of others, the implied faith arrested charged with perjury,9 but released on bond furnished by S. D. Crump, the attorney for the Mine Owners' Association, and W. M. Bainbridge, superintendent of the El Paso Mine.

On Nov. 21st, while Chas. H. McCormick, Superintendent, and Melvin Beck, shift boss, of the Vindicator Mine, were descending the shaft, an explosion occurred which wrecked the cage and killed both men instantly. The explosion took place at the 600 foot level where no work was being done, and as a shattered pistol and pieces of copper wire were found it was generally supposed to have been the result of deliberate intent. The Mine Owners' Association accused the "Western Federation of Miners 'with causing the explosion, and offered a reward of $5,000 for evidence leading to the conviction of the perpetrator, but no such evidence was found.

The mine was under military guard at the time, and no union man was allowed to enter it. The 600 foot level was connected with other unused surface openings and might have been entered through one of these, but careful search failed to reveal any evidence of such action. Sheriff Robertson, Deputy District Attorney Cole, and employees of the mine, made a careful search of the property immediately after the explosion, and came to the conclusion that the person who took the explosives into the mine did so through the working shaft.10 of the government, although not expressed, is given to him that he shall not suffer in consequence thereof. Such doctrine is cited from various authorities by the district attorney.

Following the deportations of June, (See chapter V.) the case was dismissed by the request of Mr. Hangs, who stated that his witnesses had been forced to leave the district.

Cripple Creek Citizens Alliance, and the Mine Owners' Association, and on Dec. 4th issued a proclamation declaring Teller County to be in a state of insurrection and rebellion. The proclamation recited the attempts at train wrecking, and the Vindicator mine explosion; declared a state of general lawlessness to exist in the county, and the civil authorities to be making "no practical attempt to preserve order and to protect life and property:" and concludes: "Now therefore, I, James H. Peabody, governor of the State of Colorado, by virtue of the authority in me vested, do hereby proclaim and declare the said County of Teller, in the State of Colorado, to be in a state of insurrection and rebellion."11 Major H. A. Naylor, protected by a detail of 50 cavalrymen, read the proclamation on the streets of Victor, Goldfield, Independence, and Altman. The people assembled to hear their state of rebellion declared, and then returned quietly to their homes.

The district had been under military guard for three months, and 500 men were still in the field. A large percentage of the mines were successfully working, and outwardly at least good

11 At the time of the proclamation not a single unserved warrant was in the hands of the sheriff. A number of men were in confinement at the county jail on charges growing out of the strike difficulties. Among them were Sherman Parker and W. F. Davis, charged with being accessories to the attempted train wrecking, held under failure to raise $30,000 bonds. Three other men were held on the same charge under $15,000 bonds, and four men held under bonds of $15,000 each, charged with causing the Vindicator explosion. All were later acquitted by the courts, or their cases nolled.

"At no time "since the advent of the military in this district has any prisoner charged with crime by that authority been discharged or released by this court under habeas corpus proceedings or otherwise, and in all cases where discharge has been granted by habeas corpus it has been purely for lack of information authorizing or even suggesting to the court the commission of any offense or the violation of any public law on the part of the individual detained. In all other cases where either affidavit or information has been filed against such individual for the commission of any offense, he has been remanded to the custody of the sheriff of Teller County and bail fixed commensurate with the offense charged."

The two other district judges were Louis W. Cunningham, and Robert E. Lewis. Judge Lewis was a Republican, appointed by Governor Peabody and elected through the influence of the mine owners. He was a man of ability and integrity, and had full authority to sit in Teller County at all times. Judge Cunningham, a Democrat, had a wide reputation among all parties for conservative judgment, and for intolerance for crime committed under any circumstances whatsoever.

order prevailed throughout the district. The declaration is most surprising under such circumstances. Governor Peabody explained in interviews that his only intention had been to establish a limited martial law to enable the militia to hold men who had been released by the civil courts "on flimsy or whatever pretexts/'12

But the military authorities did not interpret their power to lie within any such narrow limits. General Bell issued a statement on December 5th, of which paragraphs are quoted.

"The County of Teller, in consequence of the occupation of the militia, is subject to the supreme military authority and control when necessity requires and occasion demands, and it becomes necessary to suspend, in part or its entirety, by the occupying military authority, of the criminal and civil law and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution or dictation.

' ' The militia may proclaim that the administration of all civil and penal law shall continue either wholly or in part as in times of peace, unless otherwise ordered by the military authorities.

"As martial law is executed by military force it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity - virtues adorning a soldier even more than other men."

"There has been no provost-marshall appointed, nor will there be any. The same holds igood with the provost court, about which I have read. The civil courts will continue as they have of old ; likewise the civil authorities. The military is authorized to overstep them only in certain instances. The only purpose of the establishment of the qualified martial law is to hold men who have been released by the civil courts on flimsy or whatever pretexts. It is only in the case of such persons that the writ of habeas corpus will be suspended. The press will not be molested any more than it has been since the beginning of the strike."

of Colorado * * * The military district commander will therefore cause the county to be governed until the restoration of municipal authority." The assemblage of people in the streets either by day or night was forbidden ; all persons were warned to surrender their arms or munitions of war of any kind to the military commanders upon penalty of imprisonment; and it was declared that no publication reflecting upon the government of the State of Colorado or "upon the action or actions of the military forces of the State of Colorado" would be permitted.13

Having made their proclamations the militia officers proceeded to act. Military camps were formed in the various towns and cities. The local police officers were deposed, and their places taken by militiamen, who patrolled the streets night and day. Major Naylor proceeded to the office of the Victor Record and informed the editor that a censorship had been placed upon his paper. He was instructed to print only ordinary news items. Articles criticising the militia or state administration were forbidden, and the official statements of the miners unions were to be barred. The editorial already prepared for the next morning was ordered stricken out, and the paper appeared with the space blank and black margined.14

All persons in possession of arms, equipments and munitions of war of every description are required to surrender the same on or before 12 o'clock noon, Tuesday, December 8, 1903, to the military district commander, taking his receipt for the same. Any person or persons failing to surrender the said arms, equipments and munitions of war shall be arrested and confined in the military prison and further punished as occasion, may require.

No publication, either by newspapers, pamphlets, or handbill, reflecting In any way upon the United States and the State of Colorado, will be permitted, and all articles of news or editorial comment or correspondence, making comment upon the action or actions of the military forces of the State of Colorado or of the organization above referred to will not be tolerated.

The proclamations, cards, and orders of this time are to be found in full In the Special Report of the Labor Commissioner, Senate Document No. 122, 58th Congress, 3rd Session, p. 207 and following.

"Martial law has been declared in Teller County. The proclamation was issued at noon yesterday by Colorado's governor. The reasons given by the governor are principally that the court and officials In this county have not and will not enforce thfe law. Those are the reasons given by Peabody for publication, but the Record believes that the real reason is that the troops, under their past course, have failed to break the strike, at least, in a manner satisfactory to the mine owners of the district.

"It is our opinion that a larger bull pen Will be established and that within a few days every labor* leader and every man who cannot give a good excuse for not being at work will be arrested and confined in the bull pen.

Words cannot be found strong enough to condemn this action on the part of the governor. Many people believe it to be political. It is stated that if this was a Republican county there would have been no martial law here, and the Record believes that this statement is right. The proposition is to drive all the people out of this county who are not in accord with the present State administration. If you will note the arrests that will follow this proclamation of Governor Peabody you will find that that statement will be verified. Men in the past and since the strike begun have been arrested, it is our belief, because some enemy of theirs was near enough to the powers to have it done, but not a single administration enthusiast has been arrested.

"The Record believes that this is a shame on the courts of this county Judge Seeds has done all that a judge could do and has given the mine owners all that any reasonable people could ask for. How much more bonds will they ask for than $15,000, as in the case of Sherman Parker and others confined in the county jail? The sheriff of this county has been as active as any sheriff could be. If the blowing up of the Vindicator mine was malicious, why didn't they capture the men or, if they have the right man, what is the necessity of declaring martial law? If they have the evidence, those men can be convicted without any extreme exertion. The Record believes in the full enforcement of the law and it stands ready to condemn any official who does not do his honest duty, but we object to the name the governor of this State and his advisers seem determined to give the Cripple Creek district.

"Talk about tyranny ! Where can you point to more tyranical action than that which has been practiced by the military since they were sent to this district? The Record does not know at this time how far it will be allowed to express its opinion under the reign of military law, but we purpose to proceed just as if we lived in free America. We want to do justice to everybody and propose to do that to the best of our ability. We realize that Peabody is governor and under the law we must respect his order, and are will- Ing to because it is law, but until the order is issued that citizens and newspapers can not express their opinions we will proceed in the paths of justice as we construe it."

For the information of those concerned, the following paragraph, an extract from proclamation, dated these headquarters, December 5, 1903, is referred to:

"All persons in possession of arms, equipments and munitions of war of any description are required to surrender same on or before twelve o'clock, noon, Tuesday, December 8, 1903, to the Military District Commander, taking his receipt for same. Any person or persons failing to surrender the said arms, equipments and munitions of war will be arrested and confined in military prison and further punished as occasion may require."

that the intention was to disarm only members of the unions or their friends. The Federation officers issued a circular declaring that the constitutional right to bear arms could not be questioned, and advising the men not to give them up.18 The men concealed their weapons and kept them, and the militia made frequent forays and searches in the endeavor to get them. John M. Glover, a Cripple Creek attorney, former congressman from Missouri, issued a letter through the press defying the militia to take guns from his office.17 Colonel Verdeckberg immediately ordered his arrest. A military detail went to the office and finding it locked started to tie the door with the intention of starving Glover out. Thinking that an attempt was being made to break in Glover fired through the bottom of the marshal, constable, sheriff or deputy sheriff, or persons employed as watchmen over property, may be granted permit to carry arms, ammunition and equipments in the discharge of their lawful duty, by the Military District Commander upon presentation of credentials acceptable to him and upon the delivery of such arms, ammunition and equipments for registration at a place designated, which is, unti'l further orders, at his headquarters at Camp Goldfield, Victor, Colorado.

"Any person1 or persons selling, loaning or in any way distributing any arms, ammunition or equipments shall, before the execution of such sale, loan or delivery, present these said arms, ammunition or equipments, together with the credentials of the party to whom it is to be sold, loaned or delivered, as above prescribed.

"Citizens may, upon presentation as above stated, be permitted to have and to keep at their homes, or at their place of business, weapons for defense when it may appear such is necessary in the protection of life and property In the judgment of the Military District Commander.

ie « * * * * we nave conferred with eminent councel in regard to the matter, and herewith enclose a copy of their opinion, by which you will see that no one, whether members of the state militia or not, has the right, forcibly or otherwise, to take from you firearms, and if they do so, it is at the peril of their lives."

This was enclosed with a legal opinion by attorneys Richardson & Hawkins of Denver, based upon the following section of the Colorado Constitution.

Article II, Section 13. That the right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question, but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

Bulletin Of The University Of Wisconsin

"Any person able to work and support himself in some honest and respectable calling who shall be found loitering or strolling about, frequenting places where liquor is sold, begging or leading an idle, immoral or profligate course of life, or not having any visible means of support, shall be deemed a vagrant.

"Notice is hereby given that from and after January 7, 1904, all vagrants as hereinbefore defined, who shall be found within any of the cities and towns or any part of Teller County, Colo., will be promptly arrested by the military authorities and dealt with according to law.

"All persons within the said territory who fall within the above definition of a vagrant are hereby given until the above mentioned date within which to become engaged in some honest and lawful pursuit, after which they will be taken into custody fltithout further notice."18

The Federation officers posted placards declaring that the militia could not carry out such an order, and urging the men to stand upon their rights. Judge Seeds of the district court granted an injunction restraining the National Guard from deporting or sending out of the district any members of the Western Federation of Miners. On Jan. 8th Colonel Verdeckberg called the union officers to a conference, and said that the militia did not intend to molest union men so long as they obeyed the laws and did not stir up trouble.

Military rule was followed by more general arrests of union men. Details need not be given. Nearly every union officer, or union man who made himself disagreeably prominent, found his way to the "bull pen." Some were kept only for a short time, others to the number of over 20 were released on writs of habeas corpus granted by Judge Seeds. Governor Peabody announced the writ of habeas corpus suspended in the case of Victor Poole, and the militia refused to honor the writ issued

18 Biennial Report, Adjutant General, p. 116. "On December 30, 1903, all uaemployed men were notified to 'leave the district, in a proclamation issued by the Military District Commander as follows: ****»» (gee above).

Hast Alt, Histoey Of The Cripple Creek Strike 115

by Judge Seeds. An appeal was taken to the Supreme Court, but a final decision avoided by turning Poole over to the civil authorities.19 The submission of the militia to the courts was still more apparent than real, however. The men released under habeas corpus proceedings were rearrested at pleasure, and thus a heavy check kept upon the activity of the unions.

Squads of militia forcibly entered union meetings and took away men. James A. Baker, a member of the executive board of the Federation from Rossland, B. C., came to open a cooperative store in Goldfield. Colonel Verdeckberg told him another store was not needed, and gave him his choice of leaving the district or being imprisoned. M. E. White of the executive board of the American Labor Union 'was arrested immediately upon his arrival at Cripple Creek, confined two days, and then deported, warned never to return again. Five men were arrested on Jan. 9th charged with being agitators and having no legitimate means of support. They were imprisoned for a week, and then deported. The house of Mrs. Mart Morrison was searched, and she was compelled to walk to Victor, where she was released.20

The conditions for disinterested citizens became at times almost unbearable. Some of the lower officers, drunk with their temporary power, exercised an authority that amounted to petty tyranny on every possible occasion. If one man had a grudge against another he had only to report him to the military authorities as an agitator to secure his arrest. If a man were overheard making disparaging remarks concerning the militia he was promptly hustled off to the "bull pen." There is food for thought in the summary of the situation which one of the officers gave to the author: "If a man kept his mouth shut he was all right." It became a question whether one could go along the street without being molested. A drunken militiaman was a common sight. "Women were warned to stay on one side of the way, and all but ridden down when they insisted upon

"Poole was tried on January 9, 1904, on the charge of assault with Intent to kill, but no witnesses appeared against him, and he was discharged.

"A large number of other arrests were made upon charges of drunkenness, disorderly conduct, abuse of patrols, etc. For detailed list see Biennial Report, Adjutant Qen&ral, pp. 178-186.

crossing. Teachers were stopped and turned back when on the way to school. Sentries stationed near the Cripple Creek High School sought to flirt with the students through the windows, and threw notes into the building.21

"The avowed purpose of this association is to drive the disturbing and dangerous element of the Western Federation of Miners from the district and from the state, if possible, and we call upon all non-union miners and the citizens at large to assist us in this effort. The welfare of the district demands this, and it is equally imperative that the non-union miners and all honest citizens cooperate with this association to secure the election of public officers who will stand for law and order on all occasions.

"In view of all these considerations, and with the determination to eliminate all dangerous characters, it is our purpose to establish a central bureau of employment, which shall receive and act upon all applications for work in all the mines connected with this association. This method will secure good and steady employment for all good workmen and decent citizens, and will throw out all those who are in harmony with the unlawful methods adopted by the Western Federation of Miners on so many occasions."22

31 The above incidents are taken from a number of accounts by non-partisan and Indisputable witnesses. Too much must not be said, however, that would seem to heap condemnation upon the whole rank and file of the state militia. It was not of their own wills that they left their homes and occupations to spend rough, uncomfortable months in the mining camps, but in necessary obedience to the orders of their superior officers. Many of them were union men, and hated the thought of being called out against workmen. This side of the case found little recognition among the striking miners, and they heaped abuse, and curses, and petty insults upon the militia men from the start. When opportunity came for retaliation it was simply human nature to make payments with interest. The large majority of the men were gentlemen. They indulged in the "horse play" which always develops when a crowd of young fellows are thrown together for some time, but this must not be classed with such acts as related above. It is a misfortune of the whole Cripple Creek difficulty that every class concerned seems to have to be Judged by its worst members.

Bastall History Of The Ceipple Creek Steike

The Federation at about the same time issued a flag poster which was widely distributed. The United States Flag was printed in the correct colors, with an inscription in black letters on each stripe. The inscriptions read as follows:

On the large posters there was also a picture of Henry Maki, a union miner of Telluride, as he had appeared on March 2nd shackled to a telephone pole because he refused to work upon the streets as ordered by the militia. Several paragraphs of comment accompanied the picture, and at the top was the question : ' ' Is Colorado in America ? ' ' President Moyer was arrested for the publication of this poster, charged with desecrating the American flag, and the military authorities refused to release him upon the order of the courts. The famous Moyer Habeas Corpus Case was the result.2*

"The manager of the Dorcas Mill was notified in December, 1903 that his mill would be boycotted unless he discharged all union men in his employ. The plant then became strictly non-union.

The citizens of the Cripple Creek District remained quiet, orderly, and self-contained during the period of military rule. The movements of the militia itself formed the only evidence of a condition of " insurrection and rebellion"25 The troops were gradually withdrawn beginning with the llth day of December, and by January 16th only 170 men were on duty.26 This number was reduced to less than 100 early in February, and all the men' were finally withdrawn on April llth.27 The conditions were not by any means satisfactory. Most of the mines were hampered from lack of men, and running with inexperienced men was proving expensive. But the mines were all being operated in some fashion, and the strike appeared to be at an end.

"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 employes of said mills."

Whereas, On December the fourth, 1903, I did issue my proclamation declaring the county of Teller, in the State of Colorado, to be in a state of insurrection and rebellion ; and,

Whereas, Since that date the conditions within said county have been, and are, rapidly changing, and peace and good order in said county are being fully restored, and it has been shown to me that the civil authorities are able and willing to control the situation, to perform their legal functions1 and to enforce the law ; it is, therefore,

Ordered, That the further application of military authority under such proclamation shall be, and hereby is, suspended, and the provisional detachment now in Teller county will act in support of, and in subordination to, the legally constituted civil authorities of said county, and for the purpose of carrying out this order and to enable the civil authorities to enforce obedience to law and to protect life and property, a suitable detachment of the National Guard of Colorado will remain in Teller county, under command of Colonel Edward Verdeckberg, until further orders.

The Final Crisis

The town of Independence lies in a deep valley, some half a mile from Victor and just below Altman. The station of the Florence and Cripple Creek Railroad stands high up on the hillside in the area where many of the finest mines of the district are located, and where mining operations have for all the district been most concentrated. The mountain roughness is more than usually evidenced here in steep hillsides and broken contours. Dumps from the mines form an enormous disorder through which the railroads tunnel, over which they run, and against the encroachments of which they scarcely protect by constant "riff raffing." Poorly lighted, gloomy, full of pitfalls, abounding in chances for secret work and concealment, - it is a spot peculiarly suited to the perpetration of crime and deeds of darkness. It is in a sense at the heart of the mining industry.

Many of the mines change shifts at two o'clock in the morning. It is the "" grave yard" shift that goes on at this midnight hour, and the railroads furnish special cars to take the early night shift men to their homes. The F. & C. C. E. R. train is due at Independence station at two fifteen. On the morning of June 6th it whistled for the station; the platform crowded with men from the Findley Mine; then there came a fearful explosion, and the air was filled with flying earth, and timbers, and the dismembered bodies of men. Where the platform had stood was a yawning hole in the ground, and the station was wrecked and broken, its floors blown up, its walls smashed in, great holes torn through the heavy roof. Men were blown 150 feet straight up the hillside and mutilated beyond recognition.

Thirteen men out of twenty-seven were killed outright, and the smashing upward blow made six amputations necessary. At noon the next day men were still picking up bits of flesh and bone in tin pails. The men from the Shurtloif mine escaped by being a minute late. They were running for the station when the explosion took place.

Word was at once sent to James S. Murphy, the manager of the Findley Mine, to A. E. Carlton, its principal stock holder, and to Sheriff Robertson. At 3 o'clock a special train left Cripple Creek bearing the above named men, deputy sheriffs, doctors, and nurses. The space around the depot was roped off and search begun immediately for clues. The broken pieces of a revolver were found nearby, and about 200 feet of wire running to one of the nearby dumps, where its end was attached to a chair rung. A telegram was sent to Canon City asking for bloodhounds.1 The bodies of the men were removed to the coroner's office at Victor. The Cripple Creek District military companies were ordered to collect at once at the armory at Victor, where Major Naylor took charge.

The news of the explosion spread rapidly in the early morning and created the most intense excitement. Most of the mines shut down, few of the men even reported for work, business was generally suspended, and excited groups held discussions everywhere. By common consent the explosion was attributed to the Western Federation, and the most ugly rumors were in the air - the officers of the unions were to be burned at the stake - every union man was to be driven from the district. Union men and non-union men alike armed themselves to the teeth, and prepared for whatever should happen. The situation seemed of its own accord to center around Victor. General reports went out of a mass meeting to be held there, trouble was expected, and groups of men went constantly in that direction.2

"No. 87. Whereas, A crime has been committed in the blowing up of the Golden Circle depot in the Cripple Creek District, we, the delegates of the

Eastall History Of The Ceipple Creek Strike

At about 9 o'clock, Manager Murphy of the Findley Mine and Major Naylor, of the militia, called at Coroner Doran's office, and forced him to allow the removal of the bodies to the undertaking parlors of J. H. Hunt. The reason given was that Coroner Doran was understood to have spoken of the explosion as "an accident." Later in the morning the county commissioners held a special meeting at Victor. It was decided that Sheriff Robertson was too weak a man to handle such a serious situation, and that he ought to leave the county and let stronger hands be in control. Accordingly when the sheriff came over from Independence he was met by the commissioners, who insisted that he should leave. He. consented and started for the train. But members of the Mine Owners' Association and Citizens Alliance had held a meeting meanwhile and decided upon drastic measures. Their committee met the sheriff and took him to the armory. Here a written resignation was presented for his signature, and upon his refusal a noosed rope was shown him, several shots were fired outside, and he was told that he would be turned over with the rope to a mob that was forming. Then the sheriff signed the paper giving up his office.8 Marshall O'Connell of the city, attempting to interfere and disarm the mine owners, was kicked out with no great gentleness.

The county commissioners immediately appointed Edward Bell sheriff. He had been Robertson's opponent for nominatwelfth annual convention of the Western Federation of Miners, deplore the act as a most dastardly crime and condemn the perpetrators thereof as enemies of the Western Federation of Miners and organized labor in general, and an outlaw at large ; and,

"Whereas, The Secretary of the Mine Owners' Association has sought to use the sentiment created by this disaster to drive all union men out of the district, and in consideration of the above statement, be it

"Resolved, That we, the delegates of the twelfth annual convention, assembled, hereby offer a reward in the sum of $5,000, to be paid on the arrest and conviction of the perpetrators of the crime.

8 On July 1st. Mr. Robertson wrote a letter to the board of county commissioners demanding that they recognize him as sheriff. Later he made written demand upon Sheriff Bell for the surrender of the office, saying that he had been forced to sign a resignation, and that the board had been forced to accept it, and that he was still legally in office. These letters receiving no recognition he returned to the district and made some personal efforts to secure the office, but without success.

tion on the Democratic ticket at the previous convention, and was considered a strong man for the position.4 Bell immediately discharged under-sheriff Burton, and appointed in his place L. F. Parsons, the secretary of the Citizens Alliance. A large number of deputies of the mine owners' choosing were also appointed.

It became more and more apparent that the situation was exceedingly serious, and that a false step might precipitate a reign of terror at any minute. The county commissioners felt strongly that a mass meeting while feeling ran so high could not but result in trouble, and they requested the mine owners to give up their intention of holding the afternoon meeting at Victor. This the mine owners committee agreed to do, but failed to keep its word.

At the corner of Fourth and Victor Avenues, almost at the center of the business portion of the city of Victor, there is a large vacant lot. A hillside has been excavated to allow it to run well back, and buildings of considerable size complete the boundry of its two interior sides. It thus forms a natural amphitheatre. Across the street on one side in the summer of 1904, was the union store, and across the street on the other, the miner's union hall. It was for this place that the mass meeting 'was reported, and people began to gather there early in the afternoon. Marshall O'Connell of Victor hastily appointed about 100 union men as deputy policemen, armed them, furnished them with badges, and lined them up on three sides of the square. The purpose was apparently to prevent or break up the mass meeting. Mayor French sent for O'Connell, and after a heated interview removed him from office, and revoked the commissions of his deputies. Major Naylor was immediately appointed Marshal. The deputies removed their badges and dispersed.

* Edward Bell and General Sherman Bell are not related. Edward Bell was appointed assessor by the Democratic Governor when Teller County was created, and was an unsuccessful candidate for nomination to some office in every succeeding 'convention. He had become prominent in the Citizens Alliance. After the strike he joined the Republican party, and was elected to office by that party In November, 1904.

tinued to grow, and groups of armed and angry union and nonunion men added to the number constantly. About 3 o'clock Sheriff Bell, C. C. Hamlin, Secretary of the Mine Owners' Association, and S. D. Crump, the Attorney for the Association, came to the square.5 Secretary Hamlin mounted an empty wagon, and began a speech which from the first became violent, unrestrained, with judgment and caution thrown to the winds, of a kind that could not but arouse to frenzy men whose passions were already deeply stirred. He had just denounced the union miners as a gang of cutthroats, membership in whose order was a badge of murder and arson, and declared that if the civil authorities could not reach them the people should take the law into their own hands, when a man in the crowd shouted out an angry question. Immediately someone struck him in the face, and a fist fight started. One man1 drew a revolver and struck another over the head with it. A single shot was fired. Then there came a fusilade of shots; a bedlam of cries and oaths ; and everywhere the confusion of people falling and rushing to places of safety. When the firing ceased five men lay on the ground, two of them fatally wounded.6

The wonder is that twenty men were not killed instead of two. The square was packed with people, and such was the height of passion that men were seen to draw their revolvers and fire simply at random into the crowd. The square was promptly cleared, many of the union men retiring to their hall.7

8 The narrative of the riot is taken from the accounts of several non-partisan eye witnesses. One of them, a Cripple Creek business man, stood upon the high bank just behind the wagon, where he could observe every detail. McGee was standing beside him when shot down, and he is of the opinion that the bullet was meant for Secretary Hamlin.

6 Roscoe McGee and John Davis killed. The men killed and wounded were all non-union miners. Peter Christman shot through the mouth, Fred Studewass, shot through the lungs, J. J. Hasner shot through the back.

T The reports from the coroner's inquests upon the Independence explosion and Victor riots should be read with due regard to the extreme partisan nature of the juries. The juries appointed by Coroner Doran were discharged atter he was forced to resign, and new ones impanelled from among mining men and members of the Citizens Alliance. The verdict upon the Independence explosion was as .follows: "We further find . . . that said crime is one of similar crimes designed and executed in the Cripple Creek District during the past few months and perpetrated for the purpose of killintg and intimidating non-union men and thereby preventing them from working ; that said crimes are the result of a conspiracy entered into by certain members of the Western Federation of Miners

The militia hurried up from the armory immediately after the shooting. A line of men was stationed around the union1 hall, and squads of men placed upon adjacent buildings which commanded the windows of the hall. Sheriff Bell, accompanied by Postmaster Sullivan of Cripple Creek, entered the hall and demanded that the men disperse, but this they refused to do, saying that the hall was their home. Postmaster Sullivan had witnessed the shooting of Davis, and recognized in the hall the man who had fired the shot. The militia demanded that the miners surrender. The miners refused. The militia then commenced firing upon the hall, pouring volley after volley into the building, smashing glass and brick, and tearing up the interior.8 Finally, with four men wounded, the miners surrendand known, incited, and furthered by certain officers of that organization." However strong the inference may have been against the federation it could have been only an inference, for no evidence was found to even bring to trial any individual for the commission of the crime.

The report on the Victor riots reviews the events of the day, and declares that a body of 90 armed union men were collected in the afternoon "to commit acts of violence, to override the law, and to take human life." Being dispersed by the sheriff "about 50 in number secreted themselves in and upon a building in said city used and occupied for the miners Union Hall. That certain1 other members of said mob stationed themselves at different points on the streets and other places in said city, including the stores operated in the interests of said Western Federation of Miners. That the riot was started by a member of the said mob . . . when he attempted to shoot and kill C. C. Hamlin . . that thereupon many shots were fired, principally by the members of said mob, both from the front windows and roof of said union hall and from the front part of said union store and different points in the street, and that certain of such shots took effect as herein above stated, causing the death of said Roscoe McGee and John Davis.

That it was the evident intention of the leaders and members of said mob, as shown by the testimony and their own declaration, to shoot down and take the lives of citizens, called by them the mine owners.

We further find from the evidence that the officials of said Western Federation of Miners are primarily responsible for the crimes committed as aforesaid."

The jury examined a large number of witnesses concerning shooting from the union hall. Several testified that they had seen men with guns in the windows of the hall, but that none of them were seen to aim or fire. George Scott, an insurance man, testified to having see a man with a Winchester fire two shots from a window of the hall. The physicians who attended McGee and Davis all swore that the course of the bullets had been slightly upward, so these shots could not have come from above.

8 From the account of the Adjutant General (Biennial Report Adjutant General 1903-4, p. 224). This account adds that a second messenger, sent to warn the miners that firing would be commenced upon them if they did not immediately surrender, was fired upon. "A few shots were returned from the hall * * * probably in all there were 200 or 250 shots fired."

ered and were placed under arrest.9 No sooner were they gone than' a mob rushed in and completed the wrecking of the interior, smashing the furniture, and tearing up the volumes of the union library.

Bodies of soldiers, deputies, and armed citizens, scattered throughout the district, arresting union men wherever they were to be found. By night about 200 men had been arrested and placed in hastily located "bull pens."10

The excitement at Cripple Creek grew more intense as night approached. The report from Independence in the early morning stunned the community for the moment. But as the mines closed, and the men came into the city to be idle for the day, a great wave of feeling went forth, 'which grew and grew with each fresh report and rumor, until the late afternoon bringing distorted news of the Victor riots found a situation that was fast reaching the limit of control. Darkness saw thousands of people collected on the main streets of the city, and excited groups of men rapidly collecting into a mob. The police were powerless. Prominent Citizens Alliance men took the lead. The union hall was entered and utterly wrecked, its furniture and ornaments smashed up, its books destroyed and its walls defaced and smashed in. The union store was broken into, and its stock thrown into the street, oil poured among the provisions, and part of them carried aJway. The other cities of the district saw similar scenes of violence. By midnight not a union hall or store in the whole county but had been more or less completely wrecked.

Next morning the intense excitement of the day before had gone, but in its place was a grim determination. The Western Federation of Miners was held responsible for the disasters, and it must go. A meeting of prominent mine owners and members of the Citizens Alliance discussed the situation, and determined that the undesirable members of the community should be driven away or expelled. No half way measures were to be taken. Kefusal to renounce membership in the Federation and take out a mine owner's card was to be absolute evidence of undesirability. A commission of seven was appointed to examine and pass upon prisoners brought before it.11 At five o'clock in the afternoon 25 union men, under the guard of deputy sheriffs, were put aboard a train and sent out of the district.12 No charges were made against them, and many of them had been told that they could remain if they would give up their allegiance to the Federation.

The Annihilation Op The Unions

Lieutenant Governor Haggott, in the absence of Governor Peabody from the state, issued a proclamation again declaring Teller County to be in a state of insurrection and rebellion.18

WHEREAS, There exists in Teller county, Colorado, a large number of armed persons acting in conjunction with a large number of persons outside of that county, who are fully armed and acting together for unlawful purpose; and,

WHEREAS, Open riot and insurrection now exist in said county of Teller and felonies and murders have already been committed by such persons, who are still threatening to committ murder and felonies, and are offering violence to the citizens and property of said county, and are resisting the laws of the State of Colorado ; and,

WHEREAS, At divers and sundry other times various crimes have been committed in said county of Teller by and with the aid and under the direction of said vicious and lawless persons and the security of persons and property is now threatened in said county ; and,

WHEREAS, Threats, intimidation and violence are threatened and it is believed will be resorted to by said lawless class of individuals ; and,

WHEREAS, It is represented to me by the sheriff of said Teller county that the civil authorities within said county are unable to enforce the law and to secure peace and order in said county, and that it is necessary to put tlie military in said county for the purpose of enforcing the law and restoring peace and order ;

Rastall History Op The Cripple Creek Strike

General Bell arrived at midnight of the same day, and immediately took command. Sheriff Bell recognized the general's authority as supreme, and the two worked in1 complete harmony in the measures that followed. The first act was to dispatch a party of militia and deputies to Dunville, a new Freemont County mining camp about 12 miles from Victor, where one man was killed and fourteen others brought back prisoners to Cripple Creek.

On the night of June 8th the plant of the Victor Record was completely 'Wrecked. Eight men entered the press rooms, and holding up the employees with rifles and revolvers, smashed up all the machines with sledge hammers, and scattered the type about the floor. In the morning the Record had published an editorial advising that the strike be called off. The editorial contained near the end the following paragraph :

"The Record will stand in the future, as in the past, ready to condemn all lawlessness. It has no respect for the actions of a Sterling or a Scott, or for such speeches as was made by Mr. Hamlin, Monday, or for the miners' resistance at Miners Union Hall, and it will not hesitate to condemn them, just as it will the work of the dynamiter when1 he is found. The Record does not have the confidence of the mine owners, of the military, or of the Citizens Alliance, and it makes this plea solely in the interest of the men and women of this district that are without work, without money, without food, and that believe there is no hope of winning the strike and want it called off."

There was some opinion that the wrecking was done by members of the unions angered at the changed tone of the paper. The Record employees declared however that they recognized two of the men as members of the Citizens Alliance. "When the Record undertook to continue its publication, having been offered the use of the Star press, the owner of the Star was informed by

Chief of the military forces of the State of Colorado, by virtue and authority In me vested, do hereby proclaim and declare the said county of Teller In the State of Colorado, to be in a state of insurrection and rebellion.

In testimony whereof, I have hereunto set my hand and caused the great seal of the State to be affixed at Denver, the State capital, this 7th day of June, A. D. 1904.

the Citizens Alliance that he would be boycotted if he did not withdraw his assistance. The Record management later presented a bill of damages against the state for $4,206 (including loss of 9 days business at $75 per day), which was paid.14 When it resumed publication the Record announced that it had buried the past, and would support the new order.

The resignation of Sheriff Robertson was but the first of a large number of resignations among the civil officers, forced by threats and actual violence, by committees of the Mine Owners' 'Association and Citizens Alliance. The list included county officers, Coroner James Doran, and Deputy District Attorney rj. C. Cole; of Cripple Creek, Justice C. M. Herrington,15 Marshal "W. J. Graham, and Night Marshal Fred Harding; of Victor, Justices R. L. Thomas and David Kelly, Police Judge Michael Gibbons, Alderman J. "W. Murphy and J. J. Tobin, Jailor James Printy, and Night Marshal Michael Lamb, and of Anaconda, the marshal and several members of the city council.18 The most extreme case was that of the town of Goldfield, where the entire city government was overthrown. All six of the aldermen, the whole police force, city clerk, treasurer, and street

The Record had been a most active critic of the Peabody administration, the militia and the Citizens Alliances. After the resumption of its publication and the payment of its damage bill by the state, it became a supporter of the administration and the Alliances.

Kastall History Of The Cripple Creek Strike

commissioner were driven out, most of them put under military arrest, and officers practically chosen and given authority by the Citizens Alliance put in their stead.17

Frank J. Hangs, a prominent attorney of Cripple Creek, local attorney for the Western Federation of Miners, was arrested and held for some time, and his house searched for papers. The resignation of Frank P. Mannix, county clerk and recorder, was demanded. He refused, but left the county as a matter of safety. Patrick McCarvel, a Victor business man who had refused to join the Citizens Alliance, and expressed himself freely in sympathy with the unions, was driven from the district. Upon his return he was immediately arrested by Marshal Naylor, put on an outgoing train, and told that if he returned again protection would not be afforded him.

While considering the advisability and amount of a reward to be offered, and methods of ferreting out the perpetrators of the Independence Station crime, the county commissioners were called upon by a committee from the Mine Owners' Association who demanded the employment of S. D. Crump as Special Prosecuting Attorney for the Independence cases, and all others arising from the strike, with a fee of $10,000 to cover all services, detective and otherwise. The demand was repeated by the Citizens Alliances of Cripple Creek and Victor, and was complied with by the commissioners.18 The vacant position of Deputy District Attorney was filled by C. C. Butler, a Cripple Creek attorney.19.

The action of the state militia at this time, viewed from a simple historical standpoint, was most extraordinary. Teller County had been declared in a state of insurrection and rebel-

19 The work of Mr. Butler offers a grateful contrast to the general partisan or fearful action of most of the county officers at this time. Mr. Butler was a Republican in politics, and was naturally in sympathy with the elements that were in temporary illegal power. He believed, however, in the absolute observance of the law, and the impartial prosecution of lawlessness, and refused to prostitute his office to any partisan ends whatsoever. In following his conscience he ruined his political prospects. His work will show repeatedly in the closing pages of this narrative.

lion. Its civil government had been practically overthrown, many of its officers forcibly deposed, and the others prevented from the exercise of their functions. A mob, organized and acting with deliberate forethought, headed by prominent citizens, but none the less a mob pure and simple, was overthrowing city governments, destroying property, arresting and forcibly deporting citizens - all this in the presence of the National Guard sent to restore order, yet not opposed by them, but on the contrary its actions acquiesced in and aid given to it in every possible way.20

The commission of seven appointed to examine men for deportation, received the sanction and authority of Adjutant General Bell.21 Under the name of The Military Commission it held its further sessions in the offices of the Mine Owners' Association, and continued to try men and recommend them for deportation. " Judge" McGarry made a statement of the work of the commission in an interview June 14th.22

"We cleaned up the deportation slate last night as far as those arrested up to the time were concerned. We will have a short session this afternoon, beginning at 1 o'clock, at which we will attempt to dispose of the men arrested last night and this morning. We are not deporting any criminals nor any who might make good witnesses. The only difference between those deported and those remaining is in their expressed sympathies. Those who are on the wrong side of the Federa-

20 To understand the situation it is necessary to keep in mind the tremendous wave of feeling caused by the terrible events of the sixth of June, also what was said in Chapter I, Part II relative to the county and city governments and the attitude of the state government.

21 Special Order No. 1. A temporary commission is hereby constituted composed of the following named persons. Frank D. French, Nelson Franklin, J. B. Cunningham, F. M. Reardon, H. McGarry, C. E. Copeland, T. J. DalzelL Said commission will assemble at once and judge of probable guilt or innocence of incarcerated people, and report to these headquarters as promptly as possible.

Gail S. Hoag

22 Mr. McGarry was never a judge, but a Colorado Springs attorney, for a number of years a partner of J. Reed Crowell. His brother-in-law was a heavy stock holder in the Golden Cycle mine, and he (McGarry) became a director and attorney for that company.

Seventy-two men were deported under military guard June 10th. They were carried on the Atchison, Topeka & Santa Fe Railway to a point near the Kansas line, and then marched out of the state. Other bodies of men were deported throughout the month, some to the Kansas line and some to the New Mexico line. Two hundred twenty-five men were carried out of the state in this way.23 This number must not be supposed to include all those driven from the district. A great many men were examined by the commission and simply warned to leave, and a much larger number scattered into the mountains, and avoided possible arrest and deportation by leaving the district on foot.24

It will be remembered that the Portland and some smaller mines had been declared "fair" by the unions, and continued in operation from the beginning of the strike. The hold of the Federation could not be entirely broken in the district so long as these mines were operated with union labor, so it was decided to close them. Adjutant General Bell issued a proclamation on the 9th, and proceeding to the mine offices of the Portland forced the superintendent to shut down.25 Except for the statement in

24 The legality of the deportations has been defended upon the principle of scattering a mob. Deportation it is claimed is the mildest form of legal action.

WHEREAS, The governor of the State did, by proclamation issued on the 7th day of June, 1904, declare the county of Teller therein to be in a state of insurrection and rebellion, and the territory comprising the said county is now under the rule of military law, and now being; held and occupied by the militia of said state and,

WHEREAS, A reign of lawlessness, violence, and crime has existed in said county for several months last past, inaugurated, encouraged, and carried forward by certain evil-disposed persons, resulting in wholesale assassinations of many peaceable and law-abiding citizens ; and,

WHEREAS, Said reign of violence and crime still exists in said county, so that the peace of the community is threatened, lives and property of the citizens are menaced, and mob rule and violence now threaten to over-ride the law ; and,

WHEREAS, The Portland mine, situated in said county, is, and for a long time has been, engaged in employing and harboring large numbers of dangerous lawless men, who have aided, encouraged, and given comfort and assistance to those who have been guilty of said crimes and outrages, so that said mine has become and now is a menace to the welfare and safety of the good

General Bell's proclamation the Portland miners are generally admitted to have been a more than usually good class of workmen. Those among them who would renounce the Federation and take out mine owners ' cards were allowed to return to work : the others were deported or driven from the district. The Pride of Cripple Creek Mine, and the Winchester and Morgan Leases of the Wedge Mine, were closed in the same way on the llth.

James F. Burns, the president of the Portland Gold Mining and Milling Company, brought suit in the United States District Court against Governor Peabody, General Bell, Sheriff Bell, and the Mine Owners' Association, for $100,000 damages for the forcible closing of the Portland, and deportation of its miners.26 The directors of the company however held a special meeting and repudiated the action of the president, ordering the suits withdrawn. The mine opened with non-union labor June 21st,

The partial wrecking and closing of the union stores, and the expulsion of such a large number of the men, left many of the miners' families destitute. The Federation furnished supplies to these through two grocery firms of the district, and various

Now, by the power conferred on me as commander of the military force in said county, and as a military necessity, it is ordered that the said mine be at once closed and all men found therein or thereabouts who are dangerous to the community be arrested and held until further orders.

Sherman M. Bell

2li Mr. Burns in a letter written the preceding November said as to the position of the Portland : "The employe goes into the market to sell his labor, and as employers desiring to purchase labor, we have always been willing to treat with him individually or with any person or concern he may appoint as his agent, whether it be union or otherwise. Always recognizing that labor has an equal right with capital to organize or combine ; we feel that we have no more right to dictate whether or not our employes belong to a union than we have to dictate whether or not they belong to some church. What we desire is efficiency in the labor we employ and we know we have it to a higher degree in the present union force than could be obtained from any new set of men until after they had been schooled for a long time in our employ. Therefore we are content, and believe that we have at the mine and mill about 700 of the best men in the Rocky Mountains."

East All History Of The Cripple Creek Strike 133

county organizations gave aid in cases of the greatest necessity. The militia officers warned the stores and various individuals to cease giving this aid, and on June 14th an order was issued by Colonel Verdeckberg forbidding the extension of aid to any of the miners' families, and directing that all supplies for this purpose be turned over to the military.27 The militia did not follow this order with any reasonable effort to supply the poverty stricken families, and had not many of the sympathetic citizens and organizations of the district absolutely refused to respect it, there must have resulted the most intense suffering. The apparent intent was to compel the immediate removal of the deported miners' families, as the final step in the annihilation of the unions. Such an order sheds final light upon the attitude of the military authorities at this time.

The shut-down following the atrocities of June 6th was brief. The mines rapidly resumed operations, and with the reopening of the Portland the campaign for complete and satisfactory operation was being carried on as vigorously as before. Considerable inconvenience and expense 'was still met, incident to the employment of so many unskilled men, but the mine owners stoutly asserted that conditions would soon be as satisfactory as before the strike.

No organization will be allowed, while this county is under military control, to furnish aid in any form to the members of any organization or their families in this county unless the same is done through military channels. Major Thomas E. McClelland is Provost Marshal of this military district, and he stands ready to receive from any person or organization any money or other supplies which are for distribution to any person rendered needy by reason1 of the military occupation of this county for the suppression of insurrection, and all money and other supplies so furnished will be applied to the relief of the persons above referred to.

Edward Verdbckbbbg

28 The report showed 1,569 men examined ; recommended for deportation 238 ; recommended for trial in criminal courts 42; recommended for release 1,289.

"Of those recommended for deportation the list was composed of agitators, ore thieves, keepers of fences for stolen ore, habitues of bawdy houses, saloon bums, and vagrants. The examination was conducted along the line of the the Federation, and thinking of the future for themselves and families, gave up their affiliation and took out mine owners' cards. In December, 1904 Secretary Hamlin stated that out of about 3,500 men employed over 2,000 had been in the district before the strike as members of the Western Federation of Miners. The military commission made its final report and disbanded on July 26th. On the same day Governor Peabody issued a proclamation declaring the "further application of military occupancy or authority suspended." Full authority was turned over to Sheriff Bell, and the troops were withdrawn. The strike was over.

Period Immediately Following The Strike

Although the miners unions of the Cripple Creek District were entirely broken up, the Western Federation declared the -strike still in progress, and in fact has never officially withdrawn it. Partisan feeling continued to run strong for a considerable time, and showed itself for months after the withdrawal of the militia. Five men, J. C. Frazier, David O'Neill, William Hovey, C. M. Tully, and Fred Warburton, who had been deported but returned to the district, were run out of Victor by 25 masked men. At some distance from the city they were robbed of all their valuables, including passes that had been issued to some of them by the militia. They were then flogged; one of them knocked down with a rifle and kicked, and then sent on, threatened with hanging if they should ever return. Eleven Italians, who came into the district in a body on the F. & C. C. R. R/., were escorted out by a body of citizens. W. J. Donnely, a former mayor of Victor, went on the bond of one of the arrested miners, and was threatened and warned to leave the district.29 T. H. Parfet, and John Harper, managers desirability of those examined for residence in the district, with a view to peace and law observance, and no other purpose was had in view of the recommendations."

29 Deputy District Attorney Butler went to Mr. Donnely. and asked him in the interests of general law and order to make affidavit to the facts so that of the union stores at Cripple Creek and Victor, returned to settle up the affairs of the wrecked concerns. Harper was taken from his home by a number of masked men, beaten, and driven from the district. Parfet met the same experience later, being so badly beaten that he could not walk. The home of George Seitz, a former union man who was leasing and had not taken: out an association card, was entered in the middle of the night, and several shots exchanged, Seitz standing his ground and driving the men out. A. L. Leduc, while returning home from taking supper with a neighbor, was waylaid, robbed, beaten with the handles of whips, and run out on the road to Canon City. G. R. Hooten, who had been manager of the Federation store at Anaconda, was taken from his home, beaten with guns and cartridge belts, robbed of his purse and gold watch, and put on the road to Canon City.30

The union stores at Victor and Cripple Creek were turned over to the Interstate Mercantile Company, about the middle of August, and the Cripple Creek store reopened. The new company was supposed to have purchased the property from the unions, but people generally believed that this 'was simply a disguise and that the stores were really still owned by the Federation.31 On the afternoon of August 20th at about 4:30 a mob of several hundred men suddenly formed on the main avenue of Cripple Creek. The store of the Interstate Company

80 The case of Jack Burke may be taken as showing the extreme attitude of the associations at this time, and the partisan position of many of the county officers. Burke was a Cripple Creek business man, a property holder, and according to all the testimony in the case a good citizen. He was, however, strongly in sympathy with the miners unions, and found it wise to leave the district. Upon his return in October a criminal complaint was sworn to by Sheriff Bell charging him with vagrancy. Deputy District Attorney Butler dismissed the case, closing as follows : "I have known this man for years. I know him to be a reputable, law abiding citizen of Teller Courity. I have gone into this matter deeply, and I find that there is not the slighest excuse for this unwarranted arrest. For that reason I ask the court to order his dismissal." Mr. Butler also took occasion to declare publicly that in his office he recognized no class distinctions, and should look simply at the question: "Did the man violate the laws or not?" Thus was nipped in the bud what there was every evidence to believe was a plan to arrest as a vagi-ant «very deported miner who dared to return. . 81 This was doubtless correct, see Official Proceedings W. F. M. A., 1905, p. 43.

was broken into, and its manager and clerks thrown out without being allowed to even close the safe or take the account books. The windows and fixtures were smashed, and the goods mixed and thrown into the street, where a large part of them were destroyed or carried away. Deputy District Attorney Butler, hearing of what was taking place, came to the scene, and going to leading men whom he found there asked them to order the mob to disperse, but was simply laughed at. Persisting in his efforts he was seized by three armed men, forced from the scene and detained for some time. The sheriff's office, located almost directly across the street from the store, made no effort to protect it, or to disperse the mob.32 The same evening a number of men were deported. The list is as follows:

The men were driven from town in buggies, and finally placed on foot on the Canon City road. Some of them were beaten and robbed, and shots were fired over their heads as they started off. All were threatened with violence should they dare to return.

32 Special Report of United States Commissioner of Labor, p. 310 Sheriff Bell was in Denver and the office was in charge of Undersheriff Parsons.

In an interview next day Governor Peabody said : "I have not been officially notified of the occurrences of yesterday. No call for aid from either faction has reached me, nor have I received any intimation that the State's assistance is needed in the settlement of the local differences which exist there now. I therefore infer that the local authorities feel confident of their ability to control the situation."

Rastall History Of The Cripple Creek Strike 137

from some of the deported men, prepared informations against those who appeared to ha,ve been the leaders in the wrecking and deporting.33 The cases came to trial in the spring of 1905, but while they were before the court, C. C. Hamlin, the secretary of the Mine Owners' Association, who had in the meantime been elected district attorney, dismissed them all.34

The general result of the conflict, and more particularly the effect of the deportation and scattering of the union men, was shown most strikingly at the November, 1904, elections. For the first time in the history of the county the Republican party triumphed at the polls, electing its entire ticket.35 Edward Bell, having left the Democratic standard, was elected sheriff; C. C. Hamlin, secretary of the Mine Owners' Association, was elected district attorney ; and the other vacant offices were filled largely with prominent Citizens' Alliance men.36 The officers of the local militia companies who had been most active

The Colorado City and Cripple Creek strikes covered a period of a year and a half, and from the call of the second strike at Cripple Creek until the final withdrawal of the militia, a year, lacking a very few days, had elapsed. The state troops had been in the field for a period of nine months. Thirty-three men had met violent deaths, and many more been injured by crimes and accidents traceable directly to the strike. Some idea of the intensity and meaning of the struggle can be gained by noting the enormous losses involved. The militia campaigns in the Cripple Creek District cost the state of Colorado $400,000, the pay rolls alone amounting to nearly $200,000.38 The ' 'relief'7 expenditures of the Western Federation of Miners for the fourteen months beginning August 1st, 1903, were $308,000, almost the entire sum being expended in connection with the Cripple Creek strike.39 If to these amounts be added the losses to the men in pay rolls; the losses to the militiamen in the small wages received ; the losses to the mine owners in attempting to operate with unskilled labor; and the losses to business paralyzed throughout the county, the sum total becomes enormous. This represents, however, only one small phase of the matter, an external index of the importance, the desperation, and the terrible mental and physical wastes of the whole contest. From the struggle that so convulsed it the Cripple Creek District has not yet recovered, and will not entirely for many years to come. To many the strike meant ruin, to others premature age. Hardly a citizen of the whole area but has had to carry some share of the load, and in losses and taxation, the burden will continue to bear heavily upon the entire state.

37 At the election James Warford, formerly a deputy in the employ of the Mine Owners' Association, shot and killed two men at one of the polls. The evidence at his trial was strongly to show that the murder was cold blooded and entirely unprovoked. The jury disagreed. Judge Cunningham refused to admit Warford to hail while awaiting a second trial. District Attorney Hamlin then dismissed the case, alleging the impossibility of securing a conviction, and the great expense. A second information was later filed.

Chapter Vi Discussions And Conclusions

The Western Federation of Miners was organized in a convention held at Butte, Montana, May 15th, 1893. Forty delegates, representing fifteen unions from the states of Colorado, Utah, Montana, Idaho, and South Dakota, assembled, drafted a constitution, and began an active campaign for general organization.1 The first Cripple Creek strike came six months later, while the movement was in its infancy, and the Federation hardly more than a name. The Altman union secured a charter in the general organization, and this was utilized by the striking miners to secure uniformity and authority in their actions, but the Western Federation of Miners as a body had no connection with the strike.2

The Federation has grown steadily since its organization. By 1903 its unions numbered 200, and its jurisdiction extended over the Rocky Mountains and far western states, and British Columbia. Five hospitals are owned by it, and several cooperative stores at various mining centers. Some of the local unions provide sick benefit, and maintain wards in the local hospitals, and many of them have halls with libraries, reading rooms, and rooms for social entertainment.3

The federation does not report its membership. The report of the Colorado Bureau of Labor Statistics for 1901-2 estimated the membership at 48,000.

dent has been held by but two men, Edward Boyce and Charles H. Moyer.* William D. Haywood, elected secretary-treasurer in 1901 has held the position ever since.5 At the end of his sixth year in office Mr. Boyce positively refused re-election, and closed his career in a stirring speech that became a classic to his followers. Its dominant note was an appeal to class consciousness, and its climax a demand for socialistic action6 When the convention closed it had voted confidence in the words of its president, 'and declared itself with the Socialist Party of America.7 President Moyer and Secretary-Treasurer Haywood, radically socialistic in their own views, lost no opportunity to direct the activity of the organization more and more into socialistic channels.8 The rank and file of the membership hung back, and did not accept socialistic ideas nearly so generally as has been supposed. At their annual conventions the delegates repeatedly refused to pass extreme resolutions asked for by the leaders.9 But the Federation has been strongly under the influence of its officers these last years.10 It is its misfortune that these men have been extremists. Its catastrophies have been mistakes of leadership.

The Federation man in speaking of the Cripple Creek difficulties prefers to merge them with the general strike difficulties of the time.11 The struggle over the eight-hour question, and the wrongs done by capital therein loom large to him, and Cripple Creek is merely a phase of the general situation. The Colorado City difficulty is the immediate irritant. Here the union just formed is all but broken up by the summary discharge of its members from the employ of the Colorado Reduction and Refining Company. A strike is the remedy, a verbal agreement being reached at last, the union acting under pressure, and coming two- thirds of the way. But the company does not fulfill its agreement satisfactorily - work is offered the men in such, a way that they will not accept it - the management will not consider the wage scale. The other mills, which have made entirely satisfactory adjustments, become dissatisfied, and threaten to lower wages again unless the Colorado mill is forced into line. So a second strike is called. But the hostile attitude of the management has been so effective that the strike is unsuccessful. There is danger that all that has been gained will be lost if the mill cannot be controlled. Its ore can be shut off. The Cripple Creek miners are of the same organization and should support their brothers. There is added irritation in that some of the Cripple Creek mines refuse to employ union men at all. The capitalistic class in Colorado is pushing labor to the last ditch, and throttling its every move for betterment. The time for a decisive blow against such tyranny is at hand. So the miners are called out.12

Most of the principal mine owners of the Cripple Creek District acted in concert during the strike of 1894, and came to be spoken of collectively as the Mine Owners' Association. While there was no formal organization, the name persisted during the period between the two strikes. At the opening of the difficulties of 1903-4 the mine owners continued to act collectively. On August 13, 1903, a statement was issued over the signatures of thirty mine owners setting forth the generally satisfactory conditions preceding the strike, and declaring a policy of vigorous opposition to the Federation.13 Soon after, steps were taken to give the organization a permanent form. The Cripple Creek Mine Owners' and Operators' Association was formally organized. E. jA. Colburn was elected president, W. H. Bainbridge treasurer, and C. C. Hamlin secretary.14 The association acted thereafter as a body through the regular channels of president, secretary, and treasurer.

' l It is hereby given out that no member of any union, affiliated or connected with the Western Federation of Miners will be given employment on this property.

The association thereafter announced its intention not only to refuse absolutely to treat in any way with the "Western Federation of Miners, or employ its members, but to prevent if possible the employment of Federation men anywhere in the district. So far as the influence of the organization would reach, mines and mills operating at the time were compelled to discharge all union workmen.15

March 10, 1904, after the first period of military rule, the association went a step further, and announced its intention "to drive the disturbing and dangerous element of the Western Federation of Miners from the district and from the state if possible."16 This was followed by the adoption of the card system, which effectually blacklisted members of the Federation. All applicants for work were furnished 'with a blank form for the answering of a number of questions, the last four of which were as follows :

These questions satisfactorily answered, the secretary of the association issued the applicant a card, which was surrendered and returned to the secretary upon securing employment. When a new position was sought the card was re-issued. No work could be obtained without it, and a man could be dropped at any time by simply refusing to re-issue his card.

18 Labor Disturbances in Colorado, in Report of the United States Commissioner of Labor, p. 224. Also this work, p. 117, f. n. 23. 16 Given in part on pp. 116 and 117.

instigation of a few officials while conditions were unusually satisfactory, and in spite of the actual opposition of the men concerned.17 "Whatever may have been the status of the eight-hour day in Colorado City it was not involved at Cripple Creek, for the eight-hour day had been in force there for nine years. Whatever may have been the conditions at Colorado City the mine owners were not concerned. Only a few of the mines were shipping to the mill in question, and most of them were bound absolutely by contracts.. It was unthinkable that they should be forced into being the club of the Western Federation for the compelling of anybody and everybody to the wishes of that organization.

The strike called, and no demands to which to accede, no grievances to settle, but one course was possible, to open the mines fearlessly, and run them in independence of the Federation. It was not to be supposed that in the future they would put themselves again under the power of such an organization, Federation men might look elsewhere for employment. When resort was had to threats and actual violence, and they were being prevented from opening the mines, it was no more than right that the state should furnish them protection, especially when the local government was so largely in the hands of their opponents, and no very active efforts were to be expected from them. The card system was to give them a record of their workmen, and to prevent the union miners from quietly getting back into power.

With the explosion and riots of June 6th, it became apparent that no permanent peace could be expected so long as the organization of the Western Federation remained in the county. Under the conditions it was almost impossible to ferret out criminals, and as the mines were successfully operating, and it was not proposed to have any further dealings with the Federation, the only thing left was to rid the community of it. This was a humane and just policy, for angry citizens were threatening general lynchings. Deportation was an act of necessity for the general welfare of the public.18

Citizens Alliances were formed at various places in Colorado during the labor disturbances of 1903. The movement started in1 Denver and spread to every city in which strikes of considerable importance occurred. Business men from all ranks, with some professional men, and a few workmen, constituted the membership. A state organization was later effected. The principal avowed objects of the alliances were to restrain members of labor unions from unlawful conduct while strikes were in progress, and in general to discourage lockouts, strikes and boycotts.19

The Citizens Alliance in Cripple Creek was formed during the first shock of disrupted business conditions subsequent to the calling of the last strike. The date of its organization was August 27th, and on September 2nd it had a membership of 500.20 The Citizens Alliance and Mine Owners' Association were entirely independent organizations. They had, however, a considerable common membership and worked on an informal agreement for the same end. When rumors of a lowering of wages have arisen since the settlement of the difficulty, officers of the alliance have stated, that one of the stipulations under which they gave their support to the association was that wages should not be lowered when the strike had been won.21

" Resolved, That the persons most active in the work of deterring and retarding the wonderful advancement and prosperity of this, of all the United States the grandest and most bountifully endowed, through motives incomprehensible, but at best evidence of an extremely lax idea of the principles enunciated in the grandest instrument of all ages, the Constitution of the United States, should be lawfully restrained, that such an act