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1992.BULLETIN OF tHE UNIVERSITY OF WISCONSIN
NO. 198
Economics and Political Science Sériés, Vol. 3, No. i, pp. i-iqq
THE LABOR HISTORY OF THE CRIPPLE CREER
DISTRICT
A STUDY IN INDUSTRIAL EVOLUTION
BY
BENJAMIN McKIE RASTALL
Economie Expert, New York State Department of Labor
A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY
UNIVERSITY OF WISCONSIN
1906
Published bi-monthly by authority of law with the approval of the Revente
of the University and entered at the pott oflloe at
Madison as second^class matter
PROPERTY OF LIBRARY
NEW YORK STATE SCHOOL
INDUSTRIAL AUD LABOR RELATIONS
CORNELL UNIVERSITY
MADISON, WISCONSIN
Fbbbuary, 1908CONTENTS
PART I—THE STRIEE OF 1894
CHAPTER I—PRELIMINART CONSIDERATIONS
Introduction
Cripple Creek—Location, geology, settlement—General écono-
mie conditions in 1894—Conditions in Colorado and Cripple
Creek in 1894............................................ 15
Indirect Causes or the Strike
Uncertain business conditions —Irrégularités in employment of
labor............ *. ................................. 19
Btents Leading up to the Strike
The policy of H. E. Locke—Trouble at the Isabella—Formation
of unions—The development of storm centers—The action of
the mine owners—Déportation of Manager Locke—Resolu-
tions of the unions—General conditions favorable to the
mine owners—The surprising outcome, and the key to its
explanation............................................. 20
CHAPTER II—THE TWO CRISES
The First Crisis
Attempts at a compromise—The lockout Feb. lst, 1894—The
strike Feb. 7th—John Calderwood—Préparation by the
unions—The injunction of March 14th—Capture of the dep-
uties—Sheriff Bowers calls for militia—Beginning of friction
between state and county—Conférence between the générais
and union officers—Recall of the militia—Compromise atthe
Independence...................................... 24
[3]4
CONTENTS
The Second Crisis
Corning of the rough element—The coup of Wm. Rabedeau—The
demande and terme of the owners—Formation of the deputy
army—“General” Johnson—Préparation of the minere for
résistance—Firet detachment of deputy army—The blowing
up of the Strong mine—The minere attack the deputies—
Excitement in Colorado Springs—Rapid increase of deputy
army—The governor’s proclamation...................... 30
CHAPTER III—THE FORCING OF THE ISSUE
Attempts at Arbitration
Conservative movement in Colorado Springs—The non-partisan
committee—The miners propose ter ms of peace—Failure of
the arbitration committee plan—Exchange of prisoners—
The mission of Governor Waite—Miners give governor full
power to act—The conférence at Colorado College — Attempt
to lynch Calderwood—The final conférence in Denver—Ar-
ticles of agreement.............................. 37
Militia vs. Deputies
The deputies marçh on Bull Hill—Call of the state militia—The
question of authority—The clash in Grassey Valley -Military
finally in control—Movements of the deputies—Conférence
in A ltman—Withdrawal of deputies.................... 45
The Restoration of Order
Turbulent conditions in Cripple Creek—Attempts upon life of
sheriff—Plan for vengeance in Colorado Springs—The attack
upon General Tarsney—Arrests and trials of the strikers...	50
CHAPTER IV—DISCUSSIONS
Peculiarities of the Strike
The union allows men to work—Exchange of prisoners—Unusual
influence of state authority........................ 52
Arguments of the Various Parties
The position of the mine owners—The position of the miners—
The position of the governor....................... 53
The Baleful Influence of Politics........................ 57
[4]CONTENTS
5
PART II—THE STRIKE OF 1903—1904
CHAPTER I—THE INTERVENING PERIOD
General Development
Increase in population and wealth—-Industrial advance—Removal
of frontier conditions—Entire dependence upon mining—
The working force................................ 61
The Background for the Strike
Divisioning of El Paso county—Growth of unions in political
power—Western Fédération becomes socialistic..... 65
The Situation Immediately Preceding the Strike
Unions misuse power—Treatment of non-union men—Minority
rule—The strike power delegated.................. 70
CHAPTER II—THE COLORADO CITY STRIKE
The Colorado City Strike
Formation of union—Opposition of Manager MacNeill—Pré-
sentation of grievances—The strike deputies and strikers—
Manager MacNeill secures call of state militia....... 73
Partial Settlement by Arbitration
The Cripple Creek mines requested to cease shipments to Colorado
City—The governor visits Colorado City—Conférence at
Denver—Settlement with Portland and Telluride Mills—
Failure of second conférence with Manager MacNeill...	73
The Temporary Strike at Cripple Creek
Ore to be shut off from Standard Mill—The strike called—Ad-
visory board—Its sessions—Further conférences—Settle-
ment by verbal agreement............................. 81
CHAPTER III—THE CRIPPLE CREEK STRIKE
The Call of the Strike
Dispute over Colorado City agreement—Appeal of the union—
Statements submitted by both sides—Decision of advisory
board—Second strike at Colorado City—Strike at Cripple
Creek........................................... 85
[5]6
CONTENTS
he First Period of the Strike
Events of the fîrst three weeks—Disorderly acts on September
lst—Release of Minster—Mine owners demand troops....	90
The Militia in the District
The governor holds conférences with mine owners—The spécial
commission—Troops called out—Militia arrest union officers
—Other arrests—General partisan activity of the troops... 93
OlVIIi vs. Military Aüthority
Habeas corpus proceedings—Militia guard court house—Judge
Seeds’ decision—The militia defy the court—Prisoners re-
leased—Rapid opening of the mine3—Strike breakers......	100
CHAPTER IV—TELLER OOUNTY UNDER MILITARY RULE
Attempted Train Wrecking and Vindicator Explosion
Attempts to wreck F. & C. C. R. R. trains—McKinney and Fos-
ter arrested—McKinney makes conflicting confessions—
Trial of Davis, Parker, and Foster—Digest of evidence—
Release of McKinney—The Vindicator explosion—Evidence
in case........................................... 101
A State of Insurrection and Rébellion
The governor’s proclamation—The power conferred as interpret-
ed by militia officers—Local police deposed—Censorship of
Victor Record—Registering of arms—Idle men declared va-
grants—More general arrests of union officers—Habeas cor-
pus suspended in case Victor Poole—Rowdyism by certain
militiamen—Mine owners’ statement—Fédération flag posters
—Withdrawal of troops................................ 108
CHAPTER V—THE FINAL CRISIS
The Sixth Day of June
Independence station explosion—Wrath of the community—
Sheriff forced to resign—Bodies taken from undertaker—
Mass meeting at Victor—The Victor riot—Militia capture
miners’.union hall—Wholesale arrests of union men—Riot in
Cripple Creek—Meeting of Mine Owners’ Association and
Cifizens Alliance—The fédération to be broken up. 119
[6]CONTENTS
7
The Annihilation of the Unions
Teller County again under military rule—Plant of Victor Record
wrecked—Forced résignation of large number of county and
municipal officiais—The military commission—Déportations
—Militia close the Portland mine—Aid to families forbidden
—District entirely non-union—Withdrawal of troops....... 126
The Period Immediately Following
Mob déportations—The Interstate Mercantile Company—Second
wrecking of the stores—The November élections—The ex-
pense of the strike—Summary............................. 134
CHAPTER VI—DISCUSSION AND CONCLUSION
The Western Fédération oe Miners. Its Side of the Case
History of the fédération—Its socialistic tendencies—Sympathet-
ic statement of its position............................ 139
The Mine Owners’ Association. Its Side of the Case
History of the organization—The card System-Sympathetic view
of its position......................................... 141
The Citizens Alliances. Their Side of the Case
History of the alliances—Sympathetic view of their position.	144
The State Authorities
Statement by Governor Peabody............................... 147
The Responsibility and Blâme—The Western Fédération of
Miners
Cause of strike—Crimes of the strike........................ 149
Mine Owners’ Association
Criminal guards—Mob	violence...........................  152
The State Authorities
Use of troops—Perversion of authority....................... 155
Arraignment of Each Side by the Other
The “Red Book”—The “Green Book.”............................ 158
COMPARISON OF THE TWO STRIEES
The fîrst natural, the second artificial—Frontier conditions vs.
complété industrial development— Contrasta in the use of
state authority—Civil and military authority—Politics—
Minority rule....................................... 160
SlGNIFICANCE OF THE	IiABOR	HlSTORY. ......................   162
Bibliography..............................................   163
mPREFACE
The Labor History of Cripple Creek is the resuit of investi-
gations carried out upon the ground, and eovering a period of
several years. The material for the narrative of the strike of
1894 was seeured in 1902 and early in 1903, shortly before the
opening of the second strike. This was fortunate in that, a
considérable period having elapsed and the most friendly con-
ditions prevailing, the second strike being no more than a faint
suggestion upon the horizon, the men coneemed could be in-
duced to speak more frankly and with less conscious partisan-
ship than would hâve been possible at any other time. It also
gave the author knowledge of the exact situation and conditions
under iwhich the second strike had its formation, and enabled
him to follow the course of events with more accuracy than
would hâve been possible under any other circumstances.
During the strike of 1903-04 the author was a résident of
Colorado, part of the time of Colorado Springs, and the sum-
mer season of 1905 was spent in Teller County, largely in com-
pleting the investigations for this monograph. The most im-
portant material for the work has been gained through inter-
views, over 300 in number, with men in a position to hâve an
intimate knowledge of various phases of the difficulties. In-
formation has been sought from most of the union officers and
many prominent union men; from nearly ail the county and
State officers in any way directly concerned; and from many
others ‘who from close personal expérience could speak with
authority of various incidents of the strike. It was originally
intended to publish a list of the interviews with the bibli-
ography, and to make free use of them in footnotes showing
authority. Owing, however, to the recentness and intensity of
the last strike, the resulting tension is in some cases strong. It
[9]10
PREFACE
bas seemed wise to preclude tbe possibility of embarrassment
or injury resulting from the very frankness and courtesy which
has made the accuracy of the study possible, and for that rea-
son names are withheld. It should be understood that fre-
quently where only doeumëntary evidence is cited, and always
where no authority is given, reliable testimony has corne from
authentic personal sources.
The manuscript of the narrative part of the work (Part II,
Chap. YI, and ail footnotes, exeepted) has been submitted to
residents of Colorado selected so as to include both political
parties, both county and State authorities, and both those whose
general sympathies were with the mine owners and those who
sympathized with the unions. They were those who seemed to
the author to combine the largest actual knowledge of the dis-
turbances with the most conservative and unbiased judgment.
Their criticism and suggestion has proved of very great value.
The same reasons as1 given above prompt the withholding of the
names.
To Prof essor Thomas K. Urdahl of Colorado College, at whose
suggestion the work was originally undertaken, and whose ad-
vice and suggestion hâve been of the greatest value throughout,
the author is deeply indebted.
The history of the Cripple Creek District is one of rapid and
speetacular growth. The sudden rise of a complété social fabric
in a mountain iwildemess, and the transformation of a barren
area to a center producing $2,000,000 a month, form the back-
ground of an equally rapid industrial development which finds
its chief exponent in the mining labor movements. The district
forms' a small but distinct physiographical and political area.
Wdthin this area the stages of a complété industrial évolution
hâve been passed through in a little more than’ a decade. Start-
ing with primitive, frontier labor conditions, there was a rapid
succession of stages ending in extreme capitalization and extra-
ordinary organization. Gathering the strength of forces shut
in unto «themselves, and keeping pace with the other rapid de-
velopments, the labor-capital issues finally broke forth in a con-
flict worthy the name révolution. The very momentum of the
movement carried it through the entire known gamut and on
[10]PREFACE
11
beyond the expériences of its time, and with almost tbe entire
section arrayed on one side or the other, and to tbe accompani-
ment of boundless political turmoil, it fonght itself out to tbe
finish. A working model is ever of great importance, and this
intense miniature of great présent day forces and issues has a
content of valuable suggestion.
in]PART I
THE STRIKE OF 1894THE LABOR HISTORY OF THE CRIPPLE CREER
DISTRICT
CHAPTER I
PRELIMINARY CONSIDERATIONS
Introduction
The Cripple Creek District lies in the first range of the Rocky
Mountains, about 25 miles west of Colorado Springs, and 85
miles Southwest of Denver. It has an altitude of from 9,000
to 12,000 feet, none of the mines being at an élévation of less
than 9,000, and some being over 11,000 feet above sea level.
Geologically, the région is of volcanic origin. Great flows of
lava hâve issued from a formerly existent volcano in the heart
of the district. When these hardened they were subjected to
severe stresses in the earth’s crust and broken by countless fis-
sures in parallel Systems. Later, hot percolating waters from
deep-seated sources in the earth came to the surface, bearing in
solution gold telluride, with quartz. These were deposited as
the valuable ores in the fissure veins of the district.
Rough, gaunt and broken, dry and almost arid, eut into bar-
ren rocky ridges and valleys where scraggly dwarfed trees eke
out a bare existence, and naught can flourish save the hardy
mountain grasses and wild flowers;—it is not a place to invite
human habitation, nor to support it under ordinary conditions.
The only sign of occupancy in 1890 was the Womack cattle
ranch occupying the présent site of the city of Cripple Creek.
In 1893, less than three years later, the city of Cripple Creek
numbered about 5,000 people, and close at hand were Victor,
[15]16	BULLETIN OF THE UNIVERSITY OF WISCONSIN
Anaconda, Altman, and numerous smaller towns. Three wagon;
roads led into the district, from Divide on the north, from Col-
orado Springs on the east, and from Canon City on the south.
Along these roads night and day passed heavy trucks drawn
by six and eight horses, bringing into camp provisions and
building material and mining maehinery, or leaving <with loads
of ore for the smelters. Heavy passenger coaches came in every
night to swell the number of fortune seekers. On the north,
the Colorado Midland Railway was running a branch road in
from Divide, and the Florence and Cripple Creek Railway was
pushing even harder to get into camp from the south.
The reason Tor this rapid change was gold. Robert Womack
had in 1890 sunk prospect holes and secured ore that assayed
high in gold.1 News of his success had spread quickly, and soon
prospectors poured in from ail directions. More than 40 mines
were in process of active development by 1893 and prospect
holes were being sunk in every dierction.2 Nearly $3,000,000
worth of ore had been shipped from the mines already, and
every week new veins of rich promise were being opened.3
The social conditions of the région were those usual in an
unsettled mining eommunity. Life at the camp was generally
rough. Men were many and women few. Saloons and dance
halls were numerous. The roads were poor and the city
streets even worse. Dumps from the mines often crossed the
sidewalks, and half filled the streets. Houses were mere frame
shells, or rough log huts. Prices of ail merchandise were very
high as the resuit of the 20 mile haul over mountain roads ; the
poorest shacks rented for $12 or $15 a month; fire wood was
$4.50 per cord ; and water sold for 5 cents a bucket or 40 cents
a barrel.
1	Cripple Creek Illustrated, Warren & Stride, p. 11.
2	vide mines listed by the Colorado Springs Stock Exchange early in 1S94.
3	Cripple Creek Illustrated, Warren & Stride, p. 23.
[16]RASTALL---HISTORY OF THE CRIPPLE CREEK STRIKE 1?
General Economic Conditions
Under these conditions Cripple Creek was advancing rapidly
toward its later position as one of the great mining camps of
the world, when its development was temporarily arrested, and
its attainment of this position greatly delayed, by a five .months
mining strike. To nnderstand this strike fully it is necessary
to get its setting, and to see clearly the forces that operated as
direct causes or active impulses toward it : what conditions made
a 'war between labor and capital imminent, and what influences
led to the actual controversy.
In 1893 the United States was in the midst of a great financial
panic. The expenditures of the govermnent far exceeded its
income. The reserve in the treasury was dangerously depleted,
and the crédit of the govemment was maintained by large bond
issues. The business world was in a terrible condition. At the
close of the year there had been over $500,000,000 withdrawn
from national banks alone. To meet the demand these banks
had been compelled to withdraw loans to the extent of $318,-
000,000. Five hundred eighty banking institutions had been
compelled to suspend payaient, with liabilities of $165,000,000.
There had been over 16,000 business failures. $1,200,000,000
worth of railroad property had gone into the hands of receivers.
Thousands of shops and factories had shut do'wn; more thou-
sands were working part tirne only ; commercial houses and
railroads were working under greatly reduced business ; and as
a resuit millions of laborers were idle.4 It was estimated that
in1 the city of Pittsburg alone 100,000 men were out of employ-
ment.5 In every city men were eager to seize any opportunity
to work for their board alone, and rumors were eurrent of men
offering themselves as slaves for life for a promise of mere sub-
sistence.
It was a time prolific of strikes. Contemporaneously with
the Cripple Creek strike came a great coal ïniners strike, cov-
4 Wells, David C., The TeacMng of Our Recent Economie Expériences, in
Forum, Jannary, 1894.
8Sncli estimâtes are usually greatly exaggerated. This one is quoted merely
as throwing light on the general conditions.
2	[17]18	BULLETIN OF THE UNIVERSITY OF WISCONSIN
ering Pennsylvania, West Virginia, and Ohio, and the great
Pullman strike, which starting in Chicago swept eastward half
way to the Atlantic, and southward to the Gulf, and westward
to the Pacific coast. Coxey ’s Army was marching toward
Washington, a great body of the protesting unemployed, and a
spécial session of Congress had been called to consider ways
of relieving the great financial stress.
In Colorado the conditions were even worse than elsewhere.
Added to the general dépréssion had corne the rapid decrease
in the price of silver, the conséquent closing of the silver
mines, and the loss of one of the state ’s greatest sources of
wealth.
The labor difficulties common to the eountry and the state were
shared by Cripple Creek. Evidence of severe conditions is per-
haps best given by the size of the detachment that left the dis-
trict on May 4th to join Coxey’s Army in the march to Wash-
ington. Over three hundred strong it left Cripple Creek and
Victor, under the leadership of General J. S. Sanders, with
flying colors and beating drums. The Florence and Cripple Creek
Eailway fumished a free train for the army to Canon City,
and the Denver and Rio Grande did the same to Pueblo. At
Pueblo the men were fed and housed for a few days, and then
took forcible possession of a Missouri Pacific train, and started
off for Chicago. The officiais of the road tried in every way
to stop them, and at last wrecked a train to block the track.
But the Coxey men cleared away the wreck and went on. They
were forced to abandon their train by a second wreck in a eut,
but stole another train a few hours afterward, and succeedèd
in getting half way across Kansas, where they were arrested,
and finally dispersed by United States marshals.6
The labor difficulties incident to the closing of the silver mines
fell upon Cripple Creek. To the great gold camp flocked the
unemployed miners of the silver région, to find work in the gold
mines, or to open prospect holes on their own account.
• See Cripple Creek District newspapers for May 4, and 5 ; Pueblo papers for
May 5, and 6 ; Colorado and Kansas newspapers generally, for May 5-8, inclusive.
[18]RASTALL--HISTORY OF THE GRIPPEE CREEE STRIEE 19
Indirect Causes of Striee
The situation was further involved b y irregularity in the
hours of employment at the mines, and the variation in the
working day.
The camp was new, and had not settled down to regular life
as yet, and custom had not been given time to develop its un-
written law. Men’ had not begun to do things as they found
other men doing them. When a new mine started up, its owner
or manager relied entirely upon his own judgment as to how
it could best be worked, and there naturally arose a great
diversity. Some mines worked three shifts a day, some two
shifts, some one. In’ some of the mines the men worked eight
hours, in others nine, and in others ten. Among the principal
mines working eight hours may be mentioned the Isabella, the
Pharmacist, the Zenobia, and the Pike ’s Peak. The principal
ten-hour mines were the Strong, Granité, Portland, and Inde-
pendence; and the principal nine-hour mines the Victor, Ana-
conda, Sunset, C. O. D., Gold King, and Ingraham. The wage
at ail the mines was uniformly three dollars per day, irrespective
of the length of the shift.7
Here was a dangerous condition of affairs, one whieh must
sooner or later resuit in trouble. It could only be a question
of time until the men working in the long-time mines should
awaken to the faet that their labor was as valuable as that of
any other men, and demand as short a working day as the
shortest; or until the mine owners of the short-time mines
should discover that their money was as good as that of any other
men, and demand as long a working day as the longest. Such un-
equal conditions could not long continue. Labor or capital
would move presently, and under the économie conditions whieh
we hâve just examined, with a large inerease in the purchasing
power of money, and thousands of men at hand ready to work
for almost any wage, it is not hard to see from whieh source the
movement was likely to corne.
7The Portland mine whieh had a nine-hour day and $3.25 wage is an exception.
President Calderwood estimâtes the number of men engaged in minlng at the
time as 1,200, about half .employed in the eight-hour mines and half in the nine-
and ten-hour mines.
[19]20	BULLETIN OF THE UNIVERSITY OF WISCONSIN
Events Leading Up to the Strike
In August, 1893, H. E. Locke became superintendent of the
Isabella mine. The Isabella was at that time working an eight-
honr shift—seven and a half hours labor, one-half hour for lunch.
Mr. Locke had been managing mines in other districts that
worked much longer hours, and wished to lengthen the hours
at the Isabella. Accordingly on the 17th of the month a notice
was posted to the eifect that, beginning with the following
Monday, a mine shift would be ten hours, with one hour off for
lunch.
On Sunday the miners held a meeting at 'which they agreed
not to submit to the schedule, and when Monday morning came
they did not go to work. When Superintendent Locke arrived
at the mine the men met him, and a heated controversy ensued,
Locke trying to bully the men into going to work, and the men
trying to force him to rescind the order. After telephoning to
Colorado Springs Mr. Locke concluded to withdraw the order
for the time being, and later in the day the men went back to
work on the old eight-hour schedule.8
The trouble at the Isabella seemed to arouse both sides to the
danger of the situation, and the necessity for prompt action. A
committee of miners was appointed to draJw up resolutions, and
soon after steps were taken to form unions. The Altman Union
was the first to organize, and was admitted to the Western
Fédération of Miners, as Free Cornage Union No. 19, on the
12th of December. Following Altman, unions were formed at
Cripple Creek, Victor, and Anaconda, with a total membership
on January lst of about eight hundred. At the time of the
strike only Altman Union No. 19 had been admitted to the
Fédération. To secure authority and uniformity of action ail
the unions worked under the Altman charter, and the presi-
dent of Altman Union was executive officer for ail the unions of
the district.9
8From the account of Mr. E. W. Pfeiffer, Chairman, Board of County Commis-
sioners of Teller County (1903), who was a miner in the Isabella during 1893.
There hâve been various conflicting stories as to the earlier stirrings of the
■difficulty. Mr. Pfeiffer’s Personal observation igives authenticity to his account.
• From John Calderwood’s account of the formation of the unions :	“Mr.
[20]Cripple Creek tjnder Martial Law. Guarding the District Court.EASTAI/L---IIISTORY OF THE CRIPPLE CREEE STRIEE 21
So Altman, peopled almost entirely b y miners, and located
strategically within the mining area, became the center of the
union movement and the seat of authority for the organized
miners. Colorado Springs, the county seat of El Paso county,
was the home of fully three-fourths of the principal mine own-
ers of the district, and naturally became the center of the mine
owners ’ movement. The Cripple Creek District being at that
time included in El Paso County, there wére thus two centers
about which the coming conflict was to develop, Colorado Springs,
the seat of county authority and the stronghold of capital, and
Altman, the active scene of controversy and the stronghold of
labor.
While the unions were organizing, the mine owners were not
less active. Frequent conférences were held relative to the
establishment of a uniform working day and the question of
lengthening hours ’was constantly agitated among the owners of
eight- or nine-hour mines. Finally, in the early part of January,
the owners of the eight-hour mines came together in an agree-
ment to increase the working day at their mines to ten hours,
nine hours labor and one hour for lunch. Notices that set forth
the agreement, and made February lst the time for lengthening
working hours, were received by the mine managers for posting,
about the middle of the month. The appearance of the notices,
first at the Pharmacist, then at the Isabella, Victor, and Sum-
mit mines, caused considérable stir among the miners.10 Meet-
ings of the unions were called immediately, at which resolutions
Mclntosh immédiate’y began corresponding with the men at Altman who were
taking the lead in forming a union, with the resuit that a union comprising
about 300 miners was instituted in the fall of 1893. Mr. Mclntosh returnirig
to Aspen shortly afterward, appointed myself his deputy, with instructions to
organize the remainder of the district, with the resuit that in less than sixty
days I had instituted unions in Cripple Creek, Anaconda and Victor. This
achievement, in so thoroughly unionizinig the district, was rewarded by a re-
quest for me to become president of Altman Miners Union No. 19. I did so.
Although four unions had been organized in the district, only one charter had
as yet been granted by the Western Fédération, that to Altman Union No. 19.
Each of the other unions e^ected a full set of officers, with the exception of
president, working under the Altman charter ; the president of that union pre-
siding over the remaining unions in the district.”
10 The notice at the Pharmacist was posted January 17th, and was followed
by the others a few days later.
[21]22
BULLETIN OF THE UNIVERSITY OF WISCONSIN
were passed not to work in mines attempting to lengthen the
labor day.
Manager Locke of the Isabella had never been popular with
the mining men. He had been the first to conceive the idea
of lengthening the working day, and the men now blamed him
entirely for the présent movement, and became very bitter
against him. Becoming frightened he applied to the sheriff
for a gnard of depnties, and never appeared without them. In
riding to and from the mine he was always preceded by an arrned
deputy, and followed by another one. This only increased the
feeling against him, and a plan was finally made for his cap-
ture and éviction from camp.
On the morning of January 20th a large body of men col-
lected in the rear of the Taylor Boarding Honse, and when Mr.
Locke and his depnties came along, they were surrounded, dis-
armed, and started off on foot down the hill. Arriving at the
Spinney Mail near Grassey, Mr. Locke, intimidated by threats,
took an oath that he wonld never retnrn nnless permission were
given by the miners, and that he wonld give no information
against any one for driving him from the district.11 He was
then given his horse, and started off toward Colorado Springs,
where his arrivai late in the evening produced great excitement.
One of the depnties captured with Mr. Locke was a man named
Wm. Rabedeau, who will appear several times later in the diffi-
cnlty.
The miners’ unions had already agreed that the men shoukl
be called ont from ail mines that attempted to lengthen the
working shift. On January 8th they went a step fnrther and
demanded a uniform eight-hour day for the whole district.12
February 7th was set as the date for calling ont ail men work-
ing over eight hours.
The two sides were thns arrayed against each other, the mine
owners standing for a ten-hour day, the miners for an eight-
hour day. In the contest that was to follow the conditions were
decidedly favorable to the owners. As we hâve seen, the coun-
11	Accounts by eye witnesses.
12	By résolution passed after a speecb by President Calderwood strongly urging
such action.
[22]RASTAIiX.--HISTOEŸ OF THE CEIPPEE CEEEK STEIKE 23
try was in the throes of a financial panic, and as far as the labor
market was concemed the purchasing power of money had
donbled. Thousands of men were unemployed, and willing to
work for almost any wage. The mines were generally dry, and
wonld not suffer from a few months ’ idleness, and there were
no expensive plants to depreciate in value by lying idle. Two
railroads were being built into camp, and a wait of a short time
would simply mean a saving of about three dollars a ton on the
transportation of ore. The conditions for the miners were dis-
heartening. Provisions and rents were very high ; their unions
were but newly formed, only one having a charter from the féd-
ération ; there had not been time for the development of a strong
unity of feeling, for thorough organization or for the collection
of a large treasury fund upon which to draw—things so neces-
sary for strength in a strike. When one reads, then, that the
miners won their fight, he will expect to find that extraordinary
forces had been acting, and that startling things had happened,
nor will he be disappointed.
The key to the explanation is to be found in the character of
the men themselves. It must be remembered that Cripple Creek
was not the ordinary mining camp, but a newly settled, essen-
tially frontier, district. The men were not of the mining popu-
lation familiar to the coal fields—foreign bom, ignorant, used
to obedience, easily cowed—but of the charaeteristic frontiers-
man type, corne not so much to find work as to seek a fortune.
Rough, ready, fearless, Used to shifting for themselves ; shréwd,
full of expédients; reckless, ready to cast everything on a
single die ; they were not the kind of men to be oaught napping,
or to be turned from their purpose until every possible resource
had been tried. They would aet quickly, shrewdly, and effect-
ively; withal straightforwardly, but with small respect for au-
thority, and none too much for law. Nor were the mine owners
generally of the usual capitalistic type. The majority of them
Were as much frontiersmen as the miners themselves, men who
had gained their wealth by successful prospecting, or by lucky
buying in the early days of the camp. It was Greek against
Greek, similar ideas and strong methods on both sides.
[23]24
BULLETIN OF THE UNIVERSITY OE WISCONSIN
CHAPTER II
THE TWO CRISES
The First Crisis
Several attempts were made to get the two sides together in
a compromise before February lst. On tbe evening of January
28th, mainly tbrongh tbe influence of Cripple Creek business
men, a meeting of miners, mine workers, and neutrals was held
at the Palace Hôtel, Cripple Creek. The miners proposed as a
compromise, that the mines be allowed to work just as they had
been doing, the eight-hour mines to continue on the eight-hour
schedule, and the nine- and ten-hour mines on the nine- and ten-
hour schedules. The owners, however, took no action on the
proposition.
On February lst the mines that had posted notices went on
the ten-hour shift. The men walked ont, closing them down’.
On February 7th, early in the morning, a party of union men
started the round of the district, stopping at every long-time
mine and calling the men out. By noon every nine- and ten-hour
mine in the camp was closed, The Pike’s Peak, the Gold Dol-
lar, the Portland,1 and a number of smaller mines, acceded to
the eight-hour request, and continued to work.
The following month was one of comparative quiet. The men
1 President James F. Burns, of the Portland, in a published letter concern*
ing the attitude of the Portland, said :	“During the time of what was known
as the ‘Bull Hill War’ or more correctly speaking, the labor trouble of 1894,
the Portland was working about 125 men, while the principal officers and stock-
holders—includinig myself—lived at the mine and were in the closest possible
touchi with ail employés, knowing each other personally. During the time that
trouble existed elsewhere in the district, everything went smoothly at the Port-
land. We had been. paying $3.25 per shift of 9 hours, which permitted the
working of onlyt two shifts. Wie promptly made a new scale of $3.00 for 8
hours which was accepted by the union, and 3 shifts instead of two* put to
work.”
mRASTAEE--HISTORY OF THE CRIPPLE CREEE STRIEE
25
conducted themselves in an orderly manner, and were content
with strengthening their organization in. very way possible.
John Calderwood was eleoted president of the unions.2 Mr.
Calderwood had been influential in the organization of the
Western Fédération of Miners. He ha$ also been president of
the Aspen Union, and his intimate knowledge of labor organiza-
tions, and general popularity with the men', secured his élection
to the, presidency. Throughout the strike he showed himself an
able and efficient officer.
The immédiate task before the union was to provide a re-
lief fund. This was done in several ways. The men who re-
mained at work on the eight-hour schedule were taxed $15.00
a month. The Green Bee Grocery Company of Cripple Creek
gave crédit amounting in the end to about $400; $1,000 was
loaned by business men of Cripple Creek, $700 was received from
the miners of the San Juan country, and $800 from the Butte,
Mont., unions. Empty boarding houses were occupied by the
unions; cooks volunteered their services; and everything was
run on as economical a scale as possible. In this manner the
months of the strike were passed without much pinching. Many
of the men occupied themselves with prospecting and develop-
mental work, or tried their luck in the small and poorly pay-
ing placer area.
By the last of the month the smelters of the State were ail
running with reduced forces, or had shut down entirely. Early
in March the Gold King and Granité mines agreed to the eight-
hour schedule, and resumed work.3 Following this, determined
efforts were made to reopen several mines on the ten-hour
schedule, but the miners were able to keep them closed. Men
sent up were persuaded if possible to quit and join the union,
2Mr. Calderwood was born in Kilmarnock, Scotland, and was put to work
in the’ coal mines of that place when nine years old. He g-ained a common
school éducation through the night schools of that town. Corning to this
cduntry when a young man of seventeen, he engaged in mining in the eastern
States for a number of years. He then attended the McKeesport school of
mhies, and upon being graduated in 1876, came to Colorado. Here he held
various mining positions, and came to Cripple Creek in November, 1893. After
the strike he remained in the district as an assayer.
3 President Calderwood estimâtes that 300 union men were at work in the
eight-hour mines after this time.
[25]26
BULLETIN OF THE UNIVERSITY OF WISCONSIN
otherwise they 'were threatened and intimidated nntil they did
not dare go to work. The men were beginning to feel ugly,
and a number of mines were being put nnder the guard of
armed depnties.
March 14th, on the application of several of the mining com-
panies4 Judge Becker, of the district court, issued an injunction
against the miners enjoining them against interfering in any
way with the operation of the Cripple Creek mines.5 Sheriff
Bowers took one hundred copies of the injunction to Cripple
Creek next day, and spent the entire day in posting them
throughout the district. The Summit, Victor, Biaven, and Ana-
conda mines made attempts to open, but only from two to five
men appeared at each.
Feeling was running high among the miners regarding the
injunction. The sheriff feared trouble, and on his retum to
Cripple Creek telephoned to Colorado Springs for additional
deputies. Soon after he was called to answer a téléphoné mess-
age from the Victor mine. The superintendent of the mine
had, a fe>w days previously, asked that a number of men be
deputized to protect it. He now reported that men were col-
lecting around the shaft house in a threatening manner, and
asked for additional protection. The sheriff replied that he
should hâve it. A wagon was procured, and six men hastily
deputized and started out for the mine.
It was a rough mountain road along which the men1 had to
travel, full of stones and ruts among which the wagon lurched
heavily. In the darkness it was impossible to make out the
path, the instinct of the horses had to be trusted to keep it. At
one point about a quarter of a mile below Altman the road
passes through a short ravine. Huge rocks lie piled around,
leaving scarce room for a wagon to pass, and a thick growth
of bushes lines the way and runs up over the hillsides.
As they reached this point there was» a quick rush of dark
forrns from behind bush and stone, and a cry of “Hold up your
4 The Gold King, the Stronlg, the Isabella, the Victor, the Summit, the Zenobia,
the Ingraham, and the Free Coinage Mining Companies.
5Copy published in Colorado Springs Gazette, for March loth.
[36]EASTALE---HISTOEY OF THE CEIPPLE CEEEK STEIKE 2?
hands ! Surrender !’ ’ Someone fired a shot ; there was a quick
skirmish ; a deputy got a bail through the arm. Then they were
overpowered, bound, and marched off in silence np the hill.
To understand what had happened we must go back a few
months to the time when Altman was incorporated as a city.
The residents of the place were for the most part miners, and
with the idea of investing the miners’ union with ail possible!
civic authority, officiais of the union had been eleeted to ail
city offices. Thus it happened that Mayor Dean of Altman,
and City Miarshal Daly, were former members of Altman Union
No. 19. The Marshal had word by téléphoné early in* the even-
ing that a number of deputies would be sent along the road that
passed Altman. He accordingly appointed a number of spécial
police, and the police of Altman ambushed the El Paso County
deputies, and took them prisoners.
The deputies were marched into Altman and shut up in the
school house. Later in the evening they were taken before Po-
lice Judge Bengley6 and examined on a charge of disturbance
of the peace and carrying concealed weapons. Upon showing
their credentiais as deputy sheriffs, they were released and sent
back to Cripple Oreek. The city was in need of arms so the
deputies went back weaponless.
Meanwhile news had reached Sheriff Bowers that his deputies
had been captured, that a fight had ensued, and that Altman
was in an uproar. In half an hour Cripple Creek looked as
if an army had descended upon it. Ail the livery stables in
the city had been called upon for their horses, and Bennett
Avenue for a block was full of mounted men. Every able-
bodied man procurable had been deputized and armed, and a
miltary formation was being effected as rapidly as possible.
The sheriff was preparing to rescue his men with ail the force
he could muster.
The tension was broken, however, by the retum of a deputy
with news that the rest had been released, and were follo>wing
him in.
The following morning the air was full of rumors. Several
6 Also a member of the fédération.
m28
BULLETIN OF THE UNIVERSITY OF WISCONSIN
men were reported killed or wounded; the miners were said ta
be in anus everywhere, and to be guarding ail roads leading to
Altman. Sheriff Bowers, after advising with the district court
judge at Colorado Springs, made a call for the state militia. Gov-
ernor Waite immediately issued orders to Company A of Colo-
rado Springs, Company C of Pueblo, and Companies B, E, and
K of Denver, and the Chaffee Light Artillery, about three hun-
dred men in ail, to proceed with ail possible dispatch to Cripple
Creek and preserve the peace. These troops collected in Colo-
rado Springs under the leadership of Générais Brooks and Tars-
ney on the day following. They were taken to Midland over
the Colorado Midland Railway and after an all-night march
over the mountains, arrived at Cripple Creek early the next
morning.
In’ the meantime Sheriff Bowers had secured the arrest of
Mayor Dean and Marhall Daly of Altman, and President Calder-
wood of the Altman Union. He now made a flying trip to Colo-
rado Springs with the three men, and secured warrants for
eighteen more. Calderwood, Dean, and Daly were released ou
bail, and made a tour of the principal cities of the state, holding
mass meetings in the interest of the miners. Sheriff Bowers re-
turned to Cripple Creek with his warrants, and called upon Gen-
eral Brooks for aid in serving them. General Brooks inquired
if there had been any résistance made to arrests. The sheriff
replied that there had not. The general then refused to aid in
making the arrests, upon the ground that he was there simply to
preserve the peace, and as much to protect the miners as the
county authorities.7
7 The ahove is Sheriff Bowers’ account of the dispute. The Adjutant General
gives the story somewhat differently.
“Early in the day General Brooks and myself were asked to a conférence with
the officiais of the county and the business men of Cripple Creek, whom we
met to the number of perhaps 30 at the Palace Hôtel. They represented to
us the terrible conditions existing in the city and adjacent mining cam;psy
representing that there was no safety for life or property in either, and declar-
ing that the civil authorities were unable to preserve the peace ; that the roads
and trails were guarded by armed men, openly defying the officers of the law.
The sheriff of the county, Mr. M. F. Bowers, was présent, and declared his ina-
bility to serve the processes of the courts. A careful inquiry into these affairs
by General Brooks and myself disclosed the fact that no person in the county
had been charged with the commission of any offence in regard to the existing
• mRAS TAXE-HISTORY OF THE CRIPPLE CREEE STRIEE
29
On the same day8 the union officers were ealled to a confér-
ence with the générais at the Palace Hôtel. The union men as-
serteîl that they had never had the slightest intention of resist-
ing the sheriff, or of adopting violent measures ; that the whole
action had been taken by the city officiais of Altman, who had
thought the movement of the deputies an attempt to capture the
city. They asserted that no résistance whatever had been made
to arrests, and that none would be made.9 Their statements
were telegraphed the governor, and at the same time the fol-
lowing message was sent by the trustées of Altman:	“MSlitia
arriving in Cripple Creek. Did you send them and what for?
Everything quiet here.” Next day the troops were recalled.10
During the last few days of excitement another movement had
been on foot looking toward a compromise. Just before his ar-
rest, President Calderwood met in conférence at the Indepen-
dence mine with W. S. Stratton and Chas. Steele. After con-
sidérable discussion Mr. Stratton proposed as a compromise to
lay before the union, that the mine should work a nine-hour day
shift and eight-hour night shift, with pay at $3.25. The union
at first rejected the offer, but two days afterward reconsidered,
and accepted it. The Independence started on the new sched-
ule March 19th. None of the other mine owners followed Mr.
Stratton ’s example, however, so the movement was without much
resuit. It is to be regretted that the other owners did not see
their way clear to follow Mr. Stratton ’s action. Had they been
as willing to corne to a compromise at this period as were the
miners, the difficulty would probably hâve been settled on the
labor troubles, and that no warrant or other process of court had ever issued,
and that neither the sheriff nor any of his deputies had ever been resisted in
any way, nor had Sheriff Bowers ever been, or had he ever souight to go to Bull
Hill, where it was alleged the trouble existed. After this conférence I told
Sheriff Bowers that the tro'ops were there at his solicitation, but only in aid
of the civil authority in the service of process ; that on his own showing no
process had issued from the courts, the military was not subject to his order,
and that the facts in the case would at once be made known to the goveruor.”
8	March 18th.
9	“That no résistance to constitutional aüthority had been offered by anyone
in the mining districts, and that no disturbance of any kind had occurred beyond
the ordinary small offenses that are constantly occurring in mining camps.’'
10	For copies of the military orders of this time, and messages, see Biennial
Report of Ad jutant General 1893-4 p. 35 and following.
[29]30	BULLETIN OF THE UNIVERSITY OF WISCONSIN
spot, and ail the turmoil, danger, and expense of the months of
May and June avoided.
The Second Crisis
There followed a period of six weeks of comparative quietness.
The eighteen miners against whom warrants had been issued
submitted peaceably to arrest. Ail pleaded not guilty in the dis-
trict court at Colorado Springs, and ail were upon trial ac-
quitted.11
The troublesome week in March had advertised the strike
widely through the newspapers, and the resuit was a large in-
flux of a rough element into the district. The most turbulent
element from the Cœur de ATene District came in large num-
bers, and tramps, and criminals, and roughs of ail description
fiocked in from ail directions.12 Many of these men were ad-
mitted to the miners? unions. And here is where the union made
its great mistake.13 The évident willingness of the union to
corne to a compromise in the trouble, the peaceful submission of
its members to arrest and their acquittai by the courts, and
the mass meetings held by President Calderwood, had gained
a large degree of sympathy for the men throughout the state.
But the overt aets later committed by a few criminal men, and
the reign of terror brought on by the rougher element, lost them
the prestige which they had earlier gained, and brought upon
them the just condemnation of the law-abiding citizens of the
state.
11	See District Court Records, Colorado Springs, June—Auigust, 1894.
People vs. Calderwood, Dean, Daly et al.
Several cases, ail of which were dismissed but two, which resulted in ac-
quittais.
12	It has been frequently stated that numbers of the famous Molly Maguires,
of Pennsylvania, came to the Coeur de A’iene District, and that, the organiza-
tion being broken up there in 1893, descended upon Cripple Creek. No direct
évidence has ever been adduced on this point.
13	A number of the more conservative members of the unions left them be-
cause of the dangerous element admitted at this time. A noteworthy case is
that of H. W. Pfeiffer (see as County Commissioner in the strike of 1903-4).
He was later opposed politieally by some of the unions for this action.
[30]BASTALL.----HISTORY OF THE CRIPPRE CREER STRIKE 31
It will be remembered, that at the time of the flrst trouble
between Superintendent Locke and tbe employées of tbe
Isabella, one of the deputies captured with him was a man
named Wm. Eabedeau. Mr. Eabedeau was also warned to leave
camp, and did so, but retumed shortly afterward. He was
deprived of his commission as deputy by Sheriff Bowers, but
remained as a guard in the employ of some mine owners.
On April 8th the miners ’ union started out in a body to at-
tend the funeral of a miner who had been killed in an accident.
Seattered around everywhere they found “dodgers” calling a
meeting at Anaconda for 11 o’cloek, the time set for the funeral.
The funeral services were short, and the men hurried over to Ana-
conda, where they found the meeting already called to order, with
Eabedeau and another man named Taylor presiding, and Eabe-
deau making a speech in favor of going to work on the ten-
hour schedule. It was évident that the scheme was to hâve the
meeting pass resolutions favoring going to work on the ten-
hour schedule, and to report in such a way to the press as to
give the impression that the majority of the men were in favor
of going to work, but were being intimidated by radical members.
The men were greatly infuriated. Eabedeau was taken from
the platform and terribly beaten. Later he was subjected to
ail sorts of indignities, and run out of camp, with the threat
that next time he showed his face in the district his life would
pay the forfeit.
During the latter part of April, and throughout May, con-
ditions grew steadily worse. The rough element was gradually
beeoming more prominent, and the men were getting into a
more threatening mood. Small bands of men raided through-
out the district, stealing provisions and arms and ammunition,
getting into drunken rows, and sometimes maltreating non-
union men. Many of the smaller merchants in isolated places
elosed their stores entirely, and families in the unsettled dis-
tricts very generally moved into the towns.14 Sheriff Bowers
spent his whole time in the district, but hampered by the re-
14 From the testimony of a number of small storekeepers, and families oceupy-
ing outlying eabins, who deserted their homes and stores, sometimes to hâve
them raided in their absence.
[31]32
BULLETIN OF THE UNIVERSITY OF WISCONSIN
fusai o£ tlie county authorities to furnish sufficient deputies,
found it exceedingly difficult to préservé any s'emblance of
order.
Early in May various discussions were held among mine
owners relative to making a determined effort to open the mines.
It was felt that something must be done soon. No mines had
been able to open as yet, and under the présent conditions, vio-
lent opposition was expected. The movement fînally resulted
in the quiet circulation of a subscription paper, and the offer
by the mine owners to the county to advanee arms and money,
if a large body of deputies should be enrolled to protect the
opening of the mines. The offer was aecepted by the county
eommissioners, and steps were taken to carry out the plan at
once.
Word of the plans of the mine owners had early reached the
miners and they began to préparé to resist to their utmost.
President Calderwood was in Sait Lake City attending a con-
vention of the Western Fédération of Miners, and J. J. John-
son15 came to the front as the military leader of the union. Mr.
Johnson proceeded to get the miners into as complété military
organization as possible. Headquarters and a military camp
were established on' Bull Hill.16 The ehoice was an unusually
fortunate one. Bull Hill is a high steep bluff, overlooking the
town of Altman. It overtops several of the most important
mines, and is at once the most commanding and most inaccess-
ible point in the district. A large boarding house was estab-
lished, a commissary department put in operation, systematic
search made for arms and ammunition; and as thorough mili-
tary discipline enforced as was possible under the conditions.
On May 24th, one hundred twenty-five deputies, largely ex-
15	Mr. Johnson was a native of Lexington, Ky., growing up among the fueds
of that state. He attended West Point for three years, but was dismissed be-
fore the completion of his course for participating in a hazing scrape. Drift-
ing west ho took up mining at Aspen, and later came to work at Cripple Creek.
At the close of the strike he left the state to avoid arrest. On the opening
of the Spanish War he was appointed colonel of an Arkansas régiment, but
died while on the way to the sea coast with his command. He was a man of
unusual ability, and of considérable military genius.
16	There wa?, a report, generally believed at the time, that an immense log fort
had been’ built on Bull Hill, and a cannon placed in it. No such fort was built,
nor did the miners possess a cannon at any time.
[32]RASTALL---HISTORY OF THE CRIPPEE CREEE STRIEE 33
police and ex-firemen, left Denver in command of ex-Chief of
Police J. C. Veatch. They were armed to the teeth, and pre-
pared for immédiate action'. The miners had news of their
departure, and prepared to give them a warm réception. There
was still an insufficient supply of fire arms, so a raid was made
on a Cripple Creek hardwiare store for rifles and ammunition;
the Victor Mine aiso was held np and a number of Winchesters
taken from it. The commissary department got in a nnmber
of range cattle. Orders were issued, and everything put in
readiness.
The deputies arrived next moming on the Florence and Cripple
Creek Railway, and prepared to go into camp in full view of
Bull Hill. The miners had prepared to show that they were
determined, and to give the deputies an object lesson. As the
train pulled into view a party of men hastened down the hill,
warned everyone away, and plaeing large charges of dynamite
in the shaft house of the Strong mine blew it to pièces with a
tremendous explosion.17
Then pandémonium broke loose. The day before the Florence
and Cripple Creek Bailway had completed the grading on its
line and discharged nearly two hundred laborers, each with a
17 It has been generally believed in some quarters that the blowing up of the
Strong mine was accomplished by Mi\ Sam Strong himself, in order to prevent
the property from being worked, and in this manner to break the valuable
iease, which would revert to himself. This is exactly what did happen, and
Messrs. Lennox and Giddings, the lessees of the mine, later brought suit for
heavy damages against Mr. Strong on the above charge. The admission by
prominent union men that the mine was really destroyed by a partyi of miners
now settles the question beyond doubt, and clears Mr. Strong of ali suspicion.
Following is the account given' by President Calderwood. See Langdon, Mrs.
Emma F., The Cripple Creek Strike, p. 41.
“The following morning a number of men quietly entered the building of the
Strong mine and ordered Sam McDonald, Charles Robinson and Jack Vaughn
to corne out. They declined to do' so and retreated down the shaft. Dynamite
was then deliberately placed in the boiler inside the shaft house, and with an
electric battery, the same was exploded, demolishing the building together with
its valuab’e machinery. Great interest in the fate of Sam McDonald and the
two men with him in the shaft of the destroyed Strong mine was felt, but
twenty-six hours after the calamity, voices were heard in an old shaft connected
with the main shaft of the mine by a drift, and the imprisoned miners were
taken out. After getting washed and something to eat, they were taken to
what was known as ‘Èull Hill stronghold.’ Charles Robinson suffered consider-
ably as a resuit of his terrible expérience, but none of the others suffered to
any extent. Who was responsible for the destruction of the Strong mine is
still a mystery.”
3
[33]34
BULLETIN OF THE UNIVERSITY OF WISCONSIN
pay check of from ten to twenty dollars. These men ail came
into camp; pay cliecks were exchanged for cheap whiskey, and
the usual resuit followed. At such times every man considers
every other man his chum and whiskey is free for everybody.
Railroad men, miners, toughs, ail shared in a terrible debauch,
and by the time the Strong mine was blown up' hundreds of
men were crazed with liquor. A car was loaded up with
dynamite, and prepared to run down into the deputies’ camp
and blow them into atoms. But the deputies had taken warn-
ing and retired several miles down the track to a safer place.
Then the cry went up to destroy the mines. Men ran for dyna-
mite and fuse, and for a time there was every reason to expect
enormous destruction of property. But Mr. Johnson, with the
help of his aids, had been working constantly, asserting his
authority and endeavoring in every way possible to quiet the
men. At last he succeeded by diverting their attention to-
ward attacking the deputies, in getting control of them, and
the danger was avoided.18
The energy diverted from the destruction of property ex-
pended itself in an attack upon the deputies. The deputies,
it will be remembered, had become aware of the danger of their
position, and retiring some distance down the track they had
gone into camp at Wilbur. Just where they were the miners
did not know, but it was determined that wherever they were,
an attempt should be made to capture them and get possession
of their arms. Arms were still lacking at the miners’ camp.
About midnight a Florence and Cripple Creek construction
train was captured, quickly filled with men, and with a miner
at the throttle, started down the track for the deputies’ camp.
The deputies, anticipating attack, had pickets out in ail direc-
tions. Unawares the train ran into the the picket line. A few
quick shots brought it to a standstill. The miners poured out
among the rocks ; the deputies, roused, hurried to the assistance
of their pickets, and the fight was on. There was no semblanee
18 The miners’ unions, and the people of the State in general, owe a debt of
gratitude to Mr. Johnson for his heroic work on that day. Had hundreds of
drink-crazed men broken loose with unlimited whiskey and unlimited dynamite,
the resuit had defied description. Scarcely a mine in the district would hâve been
left whole, and one may hardly hazard a guess as to other conséquences.
[34]State Militia on Guard at District cc, During Habeas Corpus TRASTALL--HISTORY OF THE CRIPPLE CREEK STRIKE 35
of order. Every man fought for himself, shielding himself
so far as possible behind tree or rock, and firing in the dark-
ness at the flash of the opposing gu ns. Five miners got sep-
arated from the main body and into a swarm of deputies, and
were eaptured. A deputy, the man* named Rabedeau who has
appeared before in these pages, received a shot in the chest and
was killed almost instantly. A miner, George Crowley by
name, was accidentally shot from behind by one of his com-
rades and was found dead in the moming.
A half hour’s fighting convinced the miners that they could
gain nothing. Skipping from rock to rock, and firing as they
went, they began a graduai retreat up the valley. The depu-
ties held their position. Little by little the firing ceased. Ail
was quiet again, and doubling their pickets, the deputies tumed
in for the remainder of their night ’s rest.
News of the blowing up of the Strong mine reached Colorado
Springs early in the day and eaused great excitement. Later
the feeling was intensified by the arrivai of Mr. Strong him-
self, who had witnessed the destruction of his property, and
ridden ail the way to bring the news. A number of men were
known to hâve been in the mine at the time of the explosion,
and they were ail supposed to hâve been killed. Business was
suspended, and excited groups of men discussed the question
along the streets everywhere.
A mass meeting was held in North Park, at which resolutions
were passed calling upon the county authorities to put down
the insurrection of the miners, and to restore law and order at
whatever cost. In the evening a call went out from the sheriff’s
office asking for volunteer deputies to go to the scene of action,
and calling upon ail citizens to bring in arms to equip the posse.
Over a hundred armed men left the city for the deputy camp
next moming, and another hundred on the day following.
Men were aiso being hurried in from Leadville, and Denver,
and ail the surrounding country. The deputy camp was trans-
ferred from Wilbur to Divide, a point farther north on the
Colorado Midland Railway, and here ail the new recruits came.
Miners heard men* talking down in the shaft of the Strong
mine, and compelled them to corne out. They proved to be
[35]36
BULLETIN OF THE UNIVERSITY OF WISCONSIN
Superintendent Sain MacDonald, Engineer Robinson, and Miner
Greenough, the men wbo were known to hâve been in' the mine c
wben it was blown up, and supposed to hâve been killed. Be-
tween hunger, and cold, and smoke from the bnming timbers,
they had had a terrible and almost fatal expérience. They
were taken to Bull Hill by the miners, and held as prisoners in
retaliation for the capture of the five miners at Wilbur.
Governor Waite issued a proclamation on the 28th, in which
he called npon the miners to desist from their unlawful assemb-
ling, to lay down their arms, and cease their résistance of the
law. At the same time he declared that the assembling of a large
force of deputies by the county authorities, largely from out-
side the county, was illégal, and demanded that it be disbanded
immediately.19 An order was issued calling npon the State
militia to be in readiness to move at a moments notice.
President Calderwood had retnrned from Sait Lake City on
the same day that the Strong mine was blown np. Instantly
perceiving the danger of the situation, and the remedy, he set
about getting ail the saloons of the district elosed for a period
of two days. He succeeded, and at the end of the time the
men had corne to their senses again, and some degree of quiet
was restored. The union was aroused at last to the necessity
of getting entirely out of sympathy with the lawless element
that had corne in, and a volunteer committee of fifty took in
charge the running out of camp of toughs and thugs.
19 Governor’s Proclamation, May 26, 1894.
cf. also Last Message of Governor Waite to the Législature.
[36]EASTALL—HISTOEŸ OF THE CEI PP LE CEEEK STEIKE 37
CHAPTER III
THE FORCING OF THE ISSUE
Attempt at Arbitbition
During the exciting events of these few days, a quiet move-
ment had been started in Colorado Springs aiming at a com-
promise. To the more conservative and thoughful citizens the
situation at Bull Hill seemed one of grave concem. Should
the two bodies of armed men that stood face to face, constantly
augmenting their numbers, and becoming daily more deeply
embittered against eaeh other, corne into conflict, the loss of
life, terrible as it might be, would be but the beginning of the
disasterous results that would follow. Everything possible, it
was felt, must be done to prevent a clash. Could the two sides
be induced to hold a conférence, the seriousness of the situation
would tend to force both to make concessions, and a compromise
might be effected. But how get the two factions together ?
Some man must be found willing to undertake the Work who
was well known, whose neutrality would be trusted by both
sides, and who would hâve no interest in subordinating the main
object of his work to political ends of his own. He must be a
man, moreover, who would be willing to take some personal
hazard in the matter, for judging from the reports that had
corne to Colorado Springs, an outsider who should attempt to go
on Bull Hill would take his life in his hands.
The movement resulted in a call upon President Slocum, of
Colorado College, by J. J. Hagerman, one of the most promi-
nent and conservative of the mine owners, with the request
that President Slocum go to Bull Hill as a neutral party, to see
what the attitude of the miners would be toward an arbitration
eommittee. President Slocum would be authorized to say that
[37]38
BULLETIN OF THE UNIVEESITY OF WISCONSIN
the mine owners were willing to meet the miners in such com-
mittee, and to make some concessions toward a compromise.
After some discussion the president agreed to go. The Rev. E.
Evans Carrington, who was well known as a friend of organized
labor, also several members of the Colorado Springs labor
unions, were asked to accompany Dr. Slocum.
The party left Colorado Springs late Saturday evening, May
26th, arriving in Cripple Creek early Sunday moming. Com-
munication was held with President Calderwood over the télé-
phoné, and then the party started ont on foot for Altman.
As they arrived at the foot of Bull Hill a sentry stepped from
behind a rock, and with levelled Winchester, and the cry
“Hands up!’? brought them to a standstill. TJpon leaming
their names and business the sentry said he had instructions to
pass them, and proceeded to conduct them to Altman and the
headquarters of the union.
At headquarters the party was met by President Calderwood,
who took President Slocum into his office immediately for a
conférence. Dr. Slocum stated that he came representing no
one in particular, but the people of the county in general, to
see if some arrangement could not be made to arbitrate the
présent difficulty. Mr. Calderwood replied that arbitration was
one of the cardinal principles of the union, that the union’ had
been willing to corne to a compromise ail along, and was still
willing to do so. Dr. Slocum then asked what conditions they
thought they ought to hâve in a settlement. Mr. Calderwood
replied that the men’ felt that they should hâve an eight-hour
day and a three-dollar wage, and upon Dr. Slocum bringing up
the question, added the clause that there should be no discrimin-
ation between union and non-union men. The question of a
committee was then discussed, and it was pract'ically deeided
that two représentatives of the union should meet two repré-
sentatives of the mine owners somewhere on neutral ground,
and that these four should appoint a fifth, the committee to
hâve authority over the questions in dispute.
Some further conversation ensued, and then Mr. Calderwood
invited President Slocum to address the miners. Upon his
acceptance of the invitation, runners were sent out through
[38]RASTALL---HISTORY OF THE CRIPPLE CREEE STRIEE 39
the camp, and soon between tbree and four hundred men were
gathered. To them President Slocum spoke for about an hour,
àdvising them to meet the mine owners half way in’ the proposed
compromise; calling upon them to respect the laws of the State,
and pointing out that an armed résistance of the authorities
could only end finally in disaster to themselves. Mr. Carring-
ton and Mr. Collais also made brief addresses.
There were still some effects of the over-abundance of whiskey
visible among the men, and some of them were in an' ugly
humor. So much so that Mr. Calderwood had some fears for
the safety of Dr. Slocum while making his address.1 The
party, however, left Altman undisturbed, and returned im-
mediately to Colorado Springs.
On Monday aftemoon Mr. Hagerman called President Calder-
wood by téléphoné to discuss matters pertaining to the arbi-
tration committee. The miners had held a meeting in the
meantime, however, and instrueted their president to consent
to the committee only on condition that the mine
owners sihould previously agréé that union men be given
preference in employment at the mines. Upon this condition
being communicated to Mtr. Hagerman, he replied that the mine
owners would never consent to such a condition, and so the at-
tempt to secure a compromise failed.
Dater in the day a remarkable event took place on the mesa
below Altman. It will be remembered that the deputies had
taken five prisoners in the battle near Wilbur ; also that in re-
taliation the miners had imprisoned the three men taken from
the Strong mine. President Slocum, while at Altman, had
arranged for the exchange of the three men for the five im-
prisoned miners, and Monday aftemoon the exchange took
place. A deputy sheriff came up from Colorado Springs witb
the five miners; one of the union officers came down from Alt-
man with their three prisoners; and meeting in a prearranged;
1That his fears were not groundless was shown by the fact that an old
German stood close to the president while he was speaking, and occasionally
ruhbing the muzzle of his Winchester against him, would pat it affections tely,
and remark: “Dat’s good for twenty-five deputies.” The man was known by
Mr. Calderwood to be one of the worst characters in’ the union. He was after-
ward hanged for killing a man in a saloon fight.
[39]40
BULLETIN OF THE UNIVERSITÉ OF WISCONSIN
spot, the exchange took place with ail the military formality
of war. This is probably the only instance of a strike in which
rights of belligerency (were recognized, and a formai exchange
of prisoners made.
The Mission of Governor Waite
Governor Waite had been closely following events at Cripple
Creek. For a week his private secretary, Michael Lorentz, had
been in1 the district making thorough investigations and report-
ing daily by téléphoné. Upon the failure of the proposed com-
mittee of arbitration pressure was brought to bear on the
governor and he finally decided to see what influence his
presence at the seat of difficulty would hâve toward a seule-
ment. He accordingly telephoned the miners of his in-
tended visit and wish to confer with them, and went into the
district on the afternoon of May 30th.
The same afternoon a heavy rain and snow storm settled down
upon the Cripple Creek District. A feiw hours of the storm
closed the railroads by landslides and cloudbursts, and broke
down' every telegraph and téléphoné line, isolaiting the district
completely from the rest of the world for a period of four days.
In Colorado Springs this was a period of great anxiety. The
number of deputies at Camp Divide was known to hâve reached
nearly a thousand. They were supposed to be about ready for
an attack upon the miners, and news of a terrible battle was
expected daily. Ail sorts of terrifying rumors filled the air.
A mass meeting of citizens on the evening of the 30th decided
that the city was in danger from the lawless element, and called
for volunteers for a “Home Guards” organization to protect
the city. About one hundred fifty men came forward, and
Were formed into squads which patrolled the outskirts of the
city night and day. A1 Woman’s Relief Association was formed,
to préparé medicines and bandages, and make plans to care for
the wounded in the coming eonflict. A1 4-11 alarm on the Are
bell was arranged for as a danger signal. A wild report caused
the alarm to be sounded one night. The Home Guards tumed
[40]RASTAEL--HISTORY OF THE CRIPPRE CREEK STRIKE 41
out in mass, and every other able bodied man who could find
a weapon followed, and the city was in an uproar until mom-
in g.
At the depnty camp the days passed in quiet préparation.
Strict military discipline prevailed. The men were
comfortably housed in' huts built of railroad ties and in box
cars. Pickets were posted in ail directions to guard against
surprise. There was daily drill and instruction in taotics. As
soon as the storm ceased and the roads were open there would
be enough men for the forward move, and the men waited
eagerly for the time.
The elfects of the storm were most severe at the miners ’ camp
on Bull Ilill, and the fortitude of the men through the days of
snow and rain gave conclusive proof of their détermination.
Strict military discipline was in force here also. There was
daily drill, and a daily session of court martial. The men were
fed at the army boarding houses, supplied by the commissary
department. Every few minutes throughout the day an aide
left “General” Johnson’s headquarters with orders for some
part of the camp. The picket System was perfect; every road
was guarded for miles around Bull Hill.
Governor Waite got into Altman ahead of the storm, and im-
mediately held a conférence with the union. In a lengthy
speech he promised the men his friendship and help in settling
their difficulties. At the same time he demanded that they
cease their violent opposition to law, and appoint a committee
to eonfer with the mine owners relative to a compromise. The
union elected the Governor and President Calderwood a com-
mittee with absolute power to act for them in a settlement, and
on the day following they left for Colorado Springs.
The condition of the roads was such that the trip to Colorado
Springs occupied three days. The party had to walk ail but
fourteen miles of the distance to Florence. Then the tracks
were found to be washed out* between Florence and Pueblo, and
a long détour had to be made through La Junta. Finally, about
noon, June 2nd, the train bearing Governor "Waite and Mr.
Calderwood pulled in at the Denver and Rio Grande station at
Colorado Springs. Word of their coming had been* telegraphed
[41]42
BULLETIN OE THE UNIVEKSITY OE WISCONSIN
ahead to Mr. Hagerman, and arrangements made for a confér-
ence at Colorado College in the aftemoon.
At 3 o ’clock -the conférence met in the society room of Palmer
Hall—now the hall bf Cutler Academy. Governor Waite, act-
ting for the miners, and J. J. Hagerman, for the mine owners,
discussed the question formally. Besides these two gentlemen
there were présent President Slocum, of the college; Judge
Lunt, W. S. Jackson, and a number of others.
Mr. Hagerman opened with a statement of the difficulty, and
the attitude of the mine owners toward it. Governor Waite
spoke urging that the trouble be settled in some way, and ended
by setting forth the conditions under iwhich the miners were
willing to retum to work. These conditions were, briefly :2
1.	An eight-hour working day for which $3.00 should be
paid.
2.	None but union men to be employed.
3.	No one to be prosecuted for any act committed during the
strike.
To the first proposition' Mr. Hagerman replied that it would
be eonceding ail that the miners had originally struck for, and
would be no compromise. Conceming the second, he said that
he would ne ver be a party to an agreement that militated
against the right of any American citizen to take work where-
ever he could find it. Regarding the third, he said it was in-
conceivable that the governor of the state should object to the
laiw taking its course, and that in any event that was a matter
for the El Paso County authorities, not the committee, to dé-
cidé. The argument finally narrowed to the matter of the em-
ployment of non-union men', and waxed warmer and warmer,
the governor espeeially becoming greatly excited and using the
strongest kind of language. Three hours had passed and nothing
was yet accomplished, when word suddenly came to the con-
férence that the building was surrounded by armed men, and
that the campus was rapidly filling.
News that Calderwood had corne to the city with the goyemor
spread rapidly through the city in the early aftemoon, and
2 Account by President W. F. Slocum of Colorado College, who was pressent
during the en tire conférence.
mRASTALX--HISTORY OF THE CRIPPLE CREEE STRIEE 43
everywhere groups of mon discussed the possibility of bis being
arrested while under tbe protection of the governor. The news-
papers of the Springs had blamed Mr. Calderwood with every-
thing real and imaginary that had happened recently at Cripple
Creek, and feeling against him was running high. Such a
chance to get hold of him it was felt onght not to be let go by.
Some hothead snggested that if the law could not reach him the
people conld, and declaring that he would shoot him on sight,
started off with his gun for Palmer Hall. Others, among them
several prominent citizens of the city, followed his example, and
soon there was a string of armed men hastening toward the col-
lege. Excitement became intense. Downtown on the Street
corners men harangued the ever-increasing crowds. The cry
went np to lynch Calderwood and the governor, too; and being
taken np was repeated on ail sides. Self restraint was thrown
to the winds and there was a general rush for the college
campus.
At Palmer Hall word was sent in that the building was sur-
rounded, and that two or three men were even in the hall de-
claring that they would shoot Calderwood when he came* out.
There was a hurried adjournment, f ollowed by a rapid making
of plans. Judge Lunt stepped out on the porch and began an
impassioned speech to the crowd on the terrible disgrâce they
would bring upon the city if they should lynch President Calder-
wood, and especially if they committed any overt act against
the governor. While he held their attention, the governor, with
Mr. Calderwood on one side and Private Secretary Lorentz on
the other, slipped quietly out at the rear door, and hurried across
the campus to the cab which was waiting for them. They were
driven to the depot, where the governor’s private train was
waiting for them with steam up, and soon after pulled out for
Benver. Just before the train left Colorado Springs, the gover-
nor had word from the mine o'wners, finally rejecting the propo-
sitions offered by him for the miners at the afternoon confér-
ence.8
8At this time the miners in many of the camps of the State were organizing
armed companies to go to the aid of the miners at Cripple Creek. At Rico,
a company of 100, under the command of William Simpson, siezed a train on
[43]BULLETIN OF THE UNIVERSITY OF WISCONSIN
44
Two days later Mr. Hagerman went to Denver, and in com-
pany with David H. Moffatt, had another conférence with
Governor Waite. At this conférence Messrs. Hagerman and
Moffatt acceded to the demand of 'the miners for an eight-hour
day, and three-dollar wage, specifying that the men shonld
lunch on their own time. Governor "Waite, on his part, with-
dreW the demands for employaient of union men only, and for
no prosecutions, and articles of agreement were drawn up. As
there was no definite organization among the mine owners,
Messrs. Hagerman and Moffatt eould, of course, sign the agree-
ment only for themselves. It was understood, however, that
they virtually represented the mine owners, and that the other
men would stand by their agreement. The following days
proved this to be true.
The articles of agreement were as follows.* * * 4
“For the purpose of settling the serious difficulties between’
employers and employées in Cripple Creek Mining District, El
Paso County, Colo., it is agreed by and between Governor Davis
H. Waite, appointed by and representing the Free Coinage
Miners Union No. 19, W. F. M., its members and other miners
of said district, on the one part, and J. J. Hagerman and David
H. Moffatt for themselves as mine owners and employers of
mining labor in said district, on the other part, as follows.
'T. That eight hours actual work shall constitute ‘a day’, divided as
follows:	Four hours of continuous work, theu 20 minutes for lunch,
then four hours of continuous work; for which said eight hours of
labor there shall be paid three dollars ($3.00).
“2. In the employment of men there shall be no discrimination against
union men or against non-union men.5
“3. The undersigned, J. J. Hagerman and D. H. Moffatt, earnestly
urge upon other mine owners and employers of mining labor, in said
Cripple Creek District, to accédé to and act upon the foregoing agree-
ment.	“Signed,
“Davis H. Waite,
“J. J. Hagerman,
“David H. Moffat.”
the Rio Grande Ry., and got nearly 100 miles on their way. The governor,
hearing of the movement, sent a telegram to them at Montrose commanding that
they return home, and promising to give the striking men protection. The
co’mmand was obeyed.
4Copy given to newspapers and published by ail papers of Denver and
Colorado Sprmgs, June 5, 1894.
5 Men who hadi been prominent in the strike were never able to obtain work in
tbe mines again, and several of the mines absolutely refured to employ union' men.
[44]	•RASTALL--HISTORY OF THE GRIPPEE CREEE STRIEE 45
MïLITIA VS. DEPUTEES
Next day the entire state militia was called ont iinder orders
to go with ail possible dispatch to the Cripple Creek District
and préservé the peace.6 More spécifie directions were given to
General Brooks, in eommand, by the governor. He was to place
his force between the miners and deputies, and prevent a clash
between them by every possible means. The disbandment of the
depnty army was to be secured at the earliest possible moment.
Protection was to be afforded to the sheriff and to the mine
dwners, but armed bodies of depnties were to be prevented from
making arrests, or from occupying the mines.7
At Colorado Springs and Cripple Creek it was felt that the
trouble was over, and there was great rejoicing. The mine own-
ers were rapidly signifying their intention of accepting the
agreement, and the miners had sent ont word that they would
stand by the governor’s action, and that they wonld not resist
the militia. Bnt the depnties had yet to be reckoned with. On
the night of the 6th they broke camp, and entting ail telegraph
and téléphoné lines, and imprisoning ail newspaper reporters,
they advanced toward Bnll Hill. Morning fonnd them camped
in Beaver Park, abont three miles from Altman, and in’ fnll
view of the miners’ camp. A small skirmish took place just
after day-break. Some of the depnties’ horses strayed beyond
the picket line, and a sqnad was sent ont to bring them in. The
«“ * * * An<l whereas the riot or insurrection now existing in Cripple
Creek has heen and now is beyond the power of the civil authorities to control,
the lives and property of citizens of said county are in jeopardy, and application
has been made by the sheriff of said county for military aid\;
“Now, therefore, I, Davis H. Waite, governor of Colorado and commander in
chief of the Colorado National Guard and the militia of the State, do call upon’
ail organized companies of the Colorado National Guard to be and appear in
the §aid county of El Paso, under the orders of Brigadier General Brooks, to
restore peace and order in said Cripple Creek mining district, El Paso County,
Colorado. Ail persons whomsoever in said county of El Paso unlawfully en-
gaged in strife are warned to pteserve the peace, and any unlawfully in
possession of real property to yield the possession thereof to the rightful owners,
and to cease any and ail acts tending to promote civil war, to the end that the
laws may résumé their sway and the rights of property be determined by the
courts.	“Davis H. Waite,
“Governor of Colorado.”
7 Biennial Report of Adjutant General, p. 48.
[45]46	BULLETIN OE THE UNIVEBSITY OE WISCONSIN
men ran into the picket line of the miners and a lively exchange
of shots took place, in winch no one was injured.
The militia arrived early in the afternoon, and following their
orders, went into camp between: the deputies and miners. Later
in the afternoon Générais Brooks and Tarsney held a conférence
with the leaders of the deputies, in whieh a great deal of fric-
tion was created by the question whether the militia or the
county officiais were higher in authority. Both sides claimed the
right to command and be assisted, and there was cause for much
anxiety as to what would happen on the morrow.
Early next moming the deputy camp was in motion. The
men were formed into line, divided into several detachments,
and started off in as many directions. General Brooks kept
watch of the movement, and when it became évident from their
line of march that the detachments were ail headed for Bull
Hill, he sent for Sheriff Bowers, inquiring what he intended to
do.
From the miners’ camp on the hill the movements were be-
ing watched closely. As the long lines of men swung out in
the valley below and took up their march forward, the alarm
whistle at the Victor mine gave forth its waming blasts, and
in a few moments the hillsides were dotted with men hurrying
in to headquarters. Fifteen minutes saw the ranks complété,
and “General” Johnson issuing orders that were to give the
deputies a Iwarm réception.
The miners had no cannon, as has been generally supposed,
but they had a weapon even more deadly at close range in the
shape of a huge bow-gun. This weapon was a home-made af-
fair, and could throw to the foot of the hill. Its missiles were
beer bottles filled with dynamite. It would work terrible ex-
ecution when the deputies attempted the steep climb for the
summit. Different points on the hill were mined, and connected
with electric wires to explode at the pressing of a button. Every
man was well armed, and with a belt or pocket full of cartridges.
In the upper left vest pocket of each were five dynamite cart-
ridges the size of pencils. These were fitted with percussion
caps and were to be thrown at close quarters as the deputies
came up the steep incline. Every âdvantage was taken of the
[46]RASTALL---HISTORY OF THE CRIFPLE CREER STRIKE 47
natiiral strength of the place in distributing the men. Alto-
gether Bnll Hill was an extremely hazardous place to attack.
In tbe valley below General Brooks had not waited for an
answer from his message to tbe sheriff. The buglers called the
troops to arms, and having formed quickly they went off at
double quick after the ranks of the deputies. General Brooks
rode rapidly on ahead. Corning up with the sheriff a quick
dispute ensued. The general inquired what was the meaning
of this movement. Sheriff Bowers replied that he was sending
squads of men to guard the roads leading from Bull Hill to
prevent the escape of men for whom he had warrants, and that
he was going on the hill with another squad to make arrests.8
General Brooks replied that he was under orders to prevent
armed bodies of deputies from attempting to make arrests, and
that they must retum to their camp. The sheriff insisted .that
he should proceed. General Brooks asserted that he must carry
out his orders, and would be compelled to fire upon the deputies
unless they ceased their march immediately. Sheriff Bowers
held a conférence with some of his men, and seeing that the
general was determined, gave orders for the deputies to retum
to their camp.
The militia continued on their march, and entered Altman
shortly after noon. Upon seeing the deputies turn back, the
miners had dispersed again, and following their repeated state-
ments to that effect received the militia without any show of
résistance. That night the militia occupied the miners’ camp.
Govemor Waite had ail along maintained that the deputy
army was illegally assembled, and General Brooks had been
ordered to secure its disbandment. Even with Bull Hill in
the hands of the militia, and the miners’ army dispersed, the
deputies refused to disband. Under the leadership of Deputy
Bob Mullins they marched next morning to Cripple Creek, and
passing through the city arrested everybody who in any way
met with their disapproval. * Then they took up the line of
march to the Independence mine, and went into camp around
8The Adjutatnt General’s Biennial Report says that Sheriff Bowers pleaded
that he could not control the men.
[47]48
BULLETIN OF THE UNIVERSITY OF WISCONSIN
it. General Brooks met the deputies on the way to the Indepen-
denee, and again demanded that they disperse, but was met with
a blunt refusai.
General Brooks had been in constant communication with
the governor ail day. In the moming he telegraphed that tho
sheriff had reported the deputies to be beyond his control.
Later in the day he sent the following telegram:	“Situation
critical. Sheriff persists in quartering his entire force at Inde-
pendence mine. Says he does so at request of o'wner. There
is in my judgment but one solution—martial law. General
Tarsney indorses this opinion. (Signed) Brooks.” To this
the governor replied that his orders must be carried out at ail
hazards. “If the deputies resist your authority I will call out
the unorganized militia to suppres's their insurrection.’’9 That:
meant that every able-bodied man between eighteen and forty-
five might be called out, and that the controversy would assume
proportions which would make the miner s’ affair seem small
indeed.10
• Colorado State Papers.
Biemvial Report of the Adjutcmt General, 1893 and 1894, p. 50.
Also cf. Office of Adjutant General, impression copies order to militia, Mayy
1894.
10 The telegrams of the 8th and 9th are here given in full.
Davis H. Waite, Governor.
The deputies moved from the right and left of our position this morning,
contrary to agreement not to do so, and advanced on the miners. It becoming^
évident to General Brooks that they intended an attack upon the miners, the
entire column was put in motion, and the bodies of deputies overtaken at a
point 1 mile from Altman. Under orders of General Brooks they returned to-
their camp.
I most respectfully urge, in view of our close proximity to the miners, that
we be instructed to receive their surrender, which I am credibly informed that
ail are anxious to make. They sent a committee to conter with me last night,
but the committee were arrested by the deputies and I did not meet them.
Answer.	T. J. Tarsney,
Adjutant General.
Adjutant General, T. J. Tarsney.
Accept surrender of miners. Do not disarm them, but protect them with ail
your power. Make a cordon and keep armed deputies out. Advise sheriff and
make no arrests. Use no force to compe.l any arrested man to go with the
sheriff. Let that be voluntary. If the armed deputies resist your authority
I will call out the unorganized militia to suppress their insurrection.
Davis H. Waite,
Governor.
Davis H. Waite, Governor.
Deputies were sent out in squads this morning to arrest parties for whom I
[48]Military Prisoners Under Heayy Guard.RASTALE---HISTORY OF THE CRIPPLE CREEK STRIKE 4!)
Fortunately, before any further action had been taken, a
conférence was beld at Altman between mine owners, militia
officers, and county officiais. There were présent Sheriff Bowers
and County Commissioner Boynton, W. S. Stratton and Chas.
Steele of the Independence, Mr. Keith of the Victor, Wm. Len-
nox, L. P. Airhart, Générais Brooks and Tarsney, and Colonel
Hagel. The following agreement was reached.11
1.	Deputies to be withdrâwn.
2.	The mines to be put in peaceable possession of the owners.
3.	Military protection to be afforded to mines and miners.
4.	Troops to remain for 30 days at least, and longer if necessary in
the opinion of the commahding general.
5.	Miners to deliver up ail arms in their possession, also Personal
property belonging to other persons or taken from the mines.
6.	Troops to be stationed at Cripple Creek, Victor, and Anaconda.
7.	Persons for whom the sheriff has or may hâve warrants to be ar-
rested and turned over to the sheriff at Colorado Springs.
This agreement was carried out and was the final settlement of the
difficulty.
hâve warrants and who are trying to leave the district. While these deputies
were in the discharge of their duties they were intercepted by General Brooks,
with the State Militia, and ordered to return to camp. I understand the militia
are here to aid me in servinig process and placing the mine owners in possession
of their property. If this is not the case and they are sent here to prevent me
from doing my duty and hindering the law, then I most respectfully request
their immédiate recall.	M. F. Bowers,
Sheriff.
M. F. Bowers, Sheriff.
It is ill advised to send out squads to arrest miners at this time. General
Brooks is in the field to compel peace. He is ordered to prevent any arrests or
attacks by armed deputies. The militia are under the orders of the commander
in chief, and not of the sheriff. If the deputies resist the order of General
Brooks to suppress insurrection they resist the lawful power "of the state.
Davis H. Waite,
Governor and Commander in Chief.
Davis H. Waite, Governor.
Sheriff Bowers admits his inability to control his deputies, and some of his;
officers agreed with him. This was the reason of his failure to keep faith with,
General Brooks.	T. J. Tarsney,
Adjutant General*
General T. J. Tarsney.
If, as you say, Sheriff Bowers admits that the deputies refuse to obey hîs
orders and are acting in défiance thereof, they are not a 'lawful body, are only
armed marauders, and you must treat them as such. Order them to lay down
their arms and disperse. If they refuse to obey and you hâve not force enough
to suppress this new insurrection, notify me and I will call out the unorganized
militia to enforce the order.	Davis H. Waite,
Governor.
11Biennial Report of Adjutant General, 1893-4, p. 60.
4
[49]50
BULLETIN OF THE UNIVERSITY OF WISCONSIN
1	The Restoration of Order
Next day thé deputies returned in’ a body to Colorado Springs
and were there disbanded. In the’ town bail at Altman, Sheriff
Bowers read tbe names of several hundred men for whom war-
rants had been issued, and they were asked to présent them-
selves for arrest. A great many did so. Many, however, had
left tbe district to avoid arrest, and were never located by tbe
authorities. The militia remained in camp according to agree-
ment, nntil tbe last of July, wben they 'were withdrawn. Tbe
mines opened slowly at first, tbe owners hardly feeling snre of
tbe ground, but as the men showed themselves willing to work,
confidence was restored, and operations were taken up again
in eamest.
There remained for a long time a certain amount of hostility
on botb sides. Among the extremely radical, feeling still ran
high, and vented itself in various acts of violence. A number
of citizens of Colorado Springs found it wise to keep guards a#
tbeir dwellings. In tbe same city a scheme was made to tar
and feather a number of men who were supposed to hâve sym-
pathized with the strikers during the trouble. The plan for-
tunately became known, and steps were promptly taken to frus-
trate it. A more successful attempt was made later upon Ad-
jutant General Tarsney. General Tarsney had been prominent
in the friction between the state troops and deputies, and had
become greatly hated by the latter. He was taken from the Al-
amo Hôtel one night, driven several miles north of the city, and
there tarred and feathered, and left wandering around in the
night to find his way back to civilization as best he could. An
attempt was made to blow up the home of Sheriff Bowers one
night with a nitroglycérine bomb. The fuse was defective and
went out; otherwise the bouse would hâve been completely
wrecked, and the inmates, who were sleeping almost directly
above the bomb, would certainly hâve been killed.
Cripple Creek was in a turbulent condition for some time.
The criminal éléments that had corne into the city during the
strike were not easy to get rid of. Sheriff Bowers spent most
of his time in the neighborhood, doing his utmost to restore good
[50]RASTAEE---HISTORY OF THE GRIPPEE CREER STRIKE 51
order. He arrested over one hundred fifty men, and kept the
county j ail full to overflowing ail the following year. Various
attempts were made on his life. One night two men were shot
on the road from Victor to Cripple Creek by a band who were
after the sheriff, and who mistook the men for the sheriff and
his deputy.
It was nearly a year before the men charged with committing
overt acts dnring the strike came to trial. In March, 1895, D. M.
McNamara was eonvicted on' the charge of assault with intent
to commit robbery, in holding np the stage coach of John Sim-
mons, and taking his guns away from him. He was sentencêd
to two and one-half years’ imprisonment, but the case was ap-
pealed, and the suprême court reversed the decision and set him
free. Jackson Rhines received a jail sentence on the charge of
kidnapping. Robert Dunn was eonvicted of assault with in-
tent to kill, but broke jail before sentence was passed upon him,
and was never retaken. Robert Lyons and Nicholas Tully were
sentenced to terms of six and eight years respectively, on the
charge of blowing up the Strong mine. They were pardoned
by Govemor Mclntyre, who succeeded Govemor Waite, long
before the expiration of their sentences. Some three hundred
other informations or indietments were filed, but were dismissed
later on, and no other men were brought to trial. Out of ail
the men arrested not one served a full sentence.12
13 vide Records of District Court, Colorado Springs, March to May, 1895.
Cases, People vs. D. M. McNamara.
People vs. Jackson Rhines.
People vs. Robert Dunn.
People vs. Robert Lyons.
People vs. Nicholas Tully.
|51]52
BULLETIN OF THE UNIVERSITY OF WISCONSIN
CHAPTER IY
DISCUSSIONS
PeCULIARITIES OF THE STRIEE
In the Cripple Creek strike one finds some marked peculiari-
ties, phenomena in the field of strikes. Part of the union men
Worked ail through the difficulty. Wherever a mine was found
that would continue working, or would start to work, on the
eight-hour schedule, or wherever a compromise eould he reached
as in the case of the Isabella, no attempt whatever was made to
shut it down; the men continued to work as though nothing
whatever had happened. This is in marked distinction from most
strikes, where every union man is called out whether he has a
grievance or not, and as many other allied occupations as pos-
sible affected by sympathetic strikes.
By its action in allowing the men to work the union gained
in several ways. It kept a considérable amount of money Corn-
ing into the pockets of union men, a goodly portion of which
went to the support of the strike. It kept constantly before
the eyes of the public, the fact that the men were not trying to
introduce a new and unheard-of System, but one which was being
successfully applied in a number of mines. It was a constant
reminder that the men were not making exhorbitant demands
to which it was impossible to accédé, since mines of average
yield were successfully operating under ail the conditions which
they asked. It is a question well worthy the careful considéra-
tion of organized labor everywhere, whether a similar action
would not produce similar bénéficiai results in many a labor
difficulty.
The exehange of prisoners near Bull Hill probably has no
parallel in the history of strikes. When the five captured miners
[52]RASTALL--HISTORY OF THE CRIPPLE CREER STRIKE 53
were exchanged for the three imprisoned offieers with ail the
formality of war, the Altman union received récognition such
as no other union has received before or since. Such récogni-
tion of an organization, and of a state of belligerency might
hâve involved some interesting questions had the trouble gone
further and Fédéral authority been invoked.
Another peculiarity of the strike was that state authority
was used in such a way as materially to benefit the strikers.
In the history of strikes the state has intervened nearly always
only after a demand for protection, by the owners or operators,
and while perhaps intending no such resuit, its authority has
been so directed as to curtail the activities of the strikers, and
to lessen greatly their chances for success. The results of this
exception are interesting.
Governor Waite was a Populist, elected to his position on a
Populist Labor ticket, and his ambition was to be known as
the great friend of the laboring man. The strikers were sure
of his hearty support from the first, and the county authorities
were hampered by uncertainty as to iwhether his action would
be to aid, or to oppose their efforts. Ail through the trouble
his assertion was constant that no act of his should be hostile to
the miners, and when at the very crisis he asserted that the
deputy army was illegally assembled and should be disbanded,
the effect was very great.1 The miners were wise enough
to see their opportunity, and never in the slightest way to resist
the state authorities, and hence they reaped the full benefit of
the governor’s friendship. It is doubtful whether without the
moral and active support of state authority, exerted as it was
at critical moments, the miners could hâve won their strike.
The Position of the Mine Owners
We saw at the beginning *that the Cripple Creek strike was
largely the resuit of a general financial dépréssion, and of ir-
regularity in the employment of labor in a newly-opened min-
1 Proclamation of Governor Waite, May 26, 1894.
[53]54	BULLETIN OF THE UNIVERSITY OF WISCONSIN
ing camp, and that the move which opened the strikc was taken
by the mine owners.
The owners felt that under existing conditions they were
entitled to a longer working day for the $3.00 wage which they
paid, or a smaller wage for the shorter day. They supported
their position by pointing to the stringency of the times, the
scarcity of money, and the surplus of labor. The logic of busi-
ness alone, they said, made it impossible to maintain’ wages any-
where on a prosperous-times basis. They added that they were
putting more money into the ground most of the time than they
were taking out, few of the mines were paying dividends, and
they could not afford to pay such high wages. The mines in
other districts worked mueh longer hours. In Cripple Creek,
with freedom from water, mild climate, and pure air, conditions
for mining were more favorable than anywhere else, and cer-
tainly labor should be no more expensive than elsewhere.2
Peeling that these conditions entirely justified their stand,
they refused to accept the various compromises proposed at the
opening of the strike, and took no action whatever on the offer
of the miners to allow the mines to continue working as they
had been doing. Nor did they feel that they could follow Mr.
Stratton’s example when he opened the Independence on a
compromise. They watched with disgust as the miners thwarted
attempt after attempt to open the mines, and at last in exaspéra-
tion made the proposition and demand on the county authori-
ties which resulted in the deputy army.
Later, when the trouble had become so serious that it looked
as though hundreds of men would be killed, and a terrible dis-
aster fall upon the county, the more conservative owners began
to feel that a small différence in wages was too slight a thing
over which to hâve such a bitter fight. Especially J. J. Hager-
man and David H. Moffatt felt that everything possible ought
to be conceded to secure a compromise, and ward off such a
calamity, and it !was largely through the efforts of these men
that the final settlement was effected.
2 Statement by Mr. J. J. Hagerman.
[54]RASTALL--HISTORY OF THE CRIPPLE CREEK STRIKE 55
The Position of the Miners
The miners naturally approached the question from a point
of view differing from that of the mine owners. To them the
questions of hours and wages were vital points of livelihood.
They declared that at the altitude of the Cripple Creek District,
varying from nine thousand to eleven thousand feet, men could
not healthfully work more than eight hours a day. The strain
of such an altitude was so great that many people could not live
there at ail, to say nothing of working at heavy labor every day
for eight hours. The trying conditions due to altitude, they
said, were augmented by the nature of mining, in which men
had to Kvork with clothing dampened by water, and breathe foui
air and powder smoke. Nor, they insisted, could they live de-
cently on less than a $3.00 wage. Provisions and rents were
very high. By the time they had paid $15.00 or $20.00 rent
for a misérable little house, bought firewood at $4.50 a cord,
water at 5 cents a bucket, and other things in proportion, there
was not much left for luxuries. Cripple Creek was a gold
camp whose product had not been affected by the general fall
in priées, and it was arbitrary to eut their wages just because
thousands of other men were out of !work.3
The miners at the beginning wished if possible to make a
compromise, and made ail the advances along that line. Failing,
they settled down to a hard fight, with the feeling that they
were justified in going to extremes to keep the mines from
opening. The agreement with the Isabella showed them still
willing to compromise. Then came the entrance of the deputy
army. The rumors in Cripple Creek conceming the deputies
were as misleading as the rumors in Colorado Springs concem-
ing the miners. The miners prepared to resist what they under-
stood to be an attack intended to drive them from the county,
and emboldened by the sympathy of the govemor and his pro-
clamation, held the deputies at bay. Encouraged by their suc-
cess, and the attitude of the governor, and the fact that the
proposais were now coming from the mine owners, they made
8 Statement by Mr. John Calderwood.
[55]56
BULLETIN OF THE UNIVERSITY OF WISCONSIN
exhorbitant demanda in the final attempts at arbitration. For-
tunately, in making the governor their représentative with
power of attorney, they left the way open for the final seule-
ment.
The Position of the Governor
The attitude taken by Governor Waite was in brief that he
would do nothing that would aid either the miners or mine
owners to win the fight. The militia, he said, should not be
called out to win the strike, but simply to preserve the general
peace, and should not be used to coerce the miners in any sense
of the word.4
In the deputy movement he sa'w an arrangement, ostensibly
by the county authorities, but in reality by the mine owners,
meant to force the miners to give up the struggle. This move-
ment, as he saw it, originated with the mine owners, and was
supported by their contributions, and the sheriff was simply a
puppet in their hands.
Moreover, in his estimation the assembly of so large a body
of deputies was illégal.5 He immediately declared that the
sheriff had exceeded his authority, first, in that the right to ap-
point deputies did not mean the power to form an army, and
second,, in that he was breaking a state law in appointing deputies
from outside El Paso County. The swearing in of men in
bodies of several hundred; their equipment with whole stands
of newly purchased arms; and their organization into a military
body, constituted the formation of an army, and was an! usurpa-
tion of the power of the governor. In appointing deputies
from Denver, Leadville, and other points outside El Paso
County the sheriff was disregarding the laws of the state, which
expressly direoted that a sheriff call aid only from his own
county.6 The governor therefore declared the formation of the
4 From statement by Hon. J. Warner Mills, legal adviser of Governor Waite
at the time of the strike.
5cf. Last message of Governor Waite to Législature Jan. 10, 1895.
8Mills’ Annotated fêtatutes of Colorado, Vol. I, Sec. 856. It shall be the duty
of the sheriff and undersheriff and deputies to keep and preserve the peace of
[56]Gatling Gun Trained on Midland Terminal Depot.EASTALL--HISTOEY OF THE CEIPPLE CEEEK STEPKE 57
depùty army illégal, and demanded that it disperse. When the
deputies made their forward move lie threw the militia between
them and the miners, with orders to prevent a eonflict at ail
hazards. And upon' the repeated refusai of the deputies to
disband, he prepared to call out the whole State reserve.
The Baleful Influence of Politics
The workings of political intrigue are always hard to trace
aocurately and it is impossible to say just what part politics
played in the Cripple Creek strike. There can be no doubt,
however, that both parties sought to make political capital out
of the strike, and by their machinations greatly impeded its
settlement.
The interest of Governor Waite in the miners was undoubtedly
a political one, the desire to secure sufficient support in the
western part of the county to overcome the Republican strength
in the eastera part, and so to bring El Paso into the ranks of
the Populists. He was willing to go to great lengths to beeome
known as the friend of the working man, and his influence was
such as to constantly encourage the miners in their résistance
of the county authorities. There is good reason to believe even
that it was a telegram from the governor that caused the miners
to make the demands that thwarted the first attempt at arbitra-
tion. This in order that he might hâve the crédit and the in-
fluence upon the miners, of effecting the settlement himself.
The Republicans were just as active on the other side. There
has been a quite general opinion that the deputy movement had
as its ultimate aim the driving from the county of a large num-
ber of the men who were supporting Populism, and endanger-
îng the power of the Republicans in the county.* * * * * * 7 There is
their respective counties, and to quiet and suppress ail riots, affrays and unlaw-
ful assemblages and insurrection, for .which purpose, and for the service of pro-
oess in civil and criminal cases, and in apprehending or securing any person for
fe.ony or breach of the peace, they and every coroner and every constable may
call to their aid any person or persons of their county as they may deem neces-
«ary.
7 Since the strike of 1903 this opinion does not seem so fanciful, as it did at
the time of writing.
[57]58	‘BULLETIN OE THE UNIVERSITY OF WISCONSIN
strong evidence that the county offieers used their authority
following the strike to keep their party in power. The Bull
Hill men were tried under conditions which made it almost im-
possible for them to escape evenif innocent. Two prominent
citizens of Colorado Springs made affidavits to having heard
the assistant district attorney outline a scheme which was to
seeure the conviction of every man tried.8 Of the four men
sentenced for crimes committed during the trouble, one broke
jail, one was set free by the Suprême Court, and the other two
were pardoned by Governor Mclntyre.9 Only five cases were
tried ont of three hundred informations and indictments. The
failure to prosecute the other two hundred ninety-five cases,
is generally supposed to hâve corne about as follows: the in-
dictments were held as scourges over the heads of the men.
They were promised that if they worked heartily for the Re-
publican ticket at the next élection their names would be
dropped, otherfwise they would be tried, and would be sure to
be convicted. Needless to say the men worked. The élection
went as desired, and the indictments, were dropped. Thus did
both parties intrigue for power, intensifying the difficulty, and
greatly hindering its settlement.
8 vide Pétition for Change of Venue. Case People vs. McNamara, District
Court, April, 1895.
• Governor Mclntyre was the Republican (governor who succeeded Governor
Waite. He would not pardon the men through partisan bias in their favor.
[58]PART II
THE STRIKE OF 1903-1904RASTALL--HISTORY OF THE CRIPPLE CREEE STRIEE 61
CHAPTER I
THE INTERVENING PERIOD
The history of the Cripple Creek District from 1894 to 1903
is one of steady, healthy growth. There were periods of in-
flation, and of characteristic boom excitement, followed by the
usual periods of dépréssion. The vaines of the mining stocks
fluctuated violently from a nnmber of canses, and the failnres
of mining brokers were frequent. There was the constant ques-
tion as to the permanence of the ore deposits, and the prophesy
of the pessimists that Cripple Creek would prove merely a sur-
face camp. But through it ail the district grew in «wealth and
population ; the mines inereased their output ; and general pros-
perity was the portion of those who lived within the mining area.
The district in these years lost many of its frontier charaeter-
isties, and took upon itself the features of the modem’ produc-
tive eenter.
The increase in the number of mines and prospects was phén-
oménal. Every hill for miles came to be lined with roads, dot-
ted with dumps and shaft houses, and thickly sprinkled with
prospect holes. The vast majority of these small mines and
prospects were finally deserted, but an occasional one became
a paying property, and this was sufficient to keep a number of
men constantly engaged in developmental work. The successful
mines were equipped with the best modem mining machinery, and
with various devices for the quick extraction and handling of
ore. Shafts were sunk to a depth of nearly 1,500 feet, and
sorne single mines developed miles of tunnelings.1
Three lines of railroad now connect the cities and principal
towns of the district with the outside world, and their branches
1The Portland Mine has 3 shafts and 25 miles of tunnelings.
The Independence has a 1400 foot shaft.
[61]62
BULLETIN OF THE UNIVERSITY OF WISCONSIN
running to the varions mines form a close network over miles of
territory.2 So complété in fact are these connections that it is
often possible to count a dozen lines of track npon a single hill-
side. Local trains run over the roads at short intérvals, and
two electric lines give frequent service to ali points in the min-
ing area. It would be difficnlt to find an industrial section
with a more thorough or complété System of transportation con-
nections.
Numerous small towns hâve sprung up throughout the district,
and the general population has increased to about 50,000. The
cities of Cripple Creek and Victor hâve both had a considér-
able growth, the former having a présent population of about
12,000, and the latter 7,000. The business sections of both cit-
ies were razed to the ground by destructive fires in 1896 and
1899. The hastily constructed, buildings of the early boom days
were thus destroyed, and in their places hâve risen substantiai
modem structures of brick and stone.
In other respects the two cities hâve kept much of their fron-
tier appearance. There is scarce a level piece of ground in the
country, and except in the central portions of the towns, the
houses straggle over the hills iwith hardly a semblance of order.
The buildings are for the most part small, without porches or
décorations, and weathered to an appearance often almost of
unkemptness. Not a tree nor a lawn is to be found.3 Of parks
there are none. The casual visiter catching his first glimpse
as his train swings round the mountain-side, is likely to receive
a distinct shock, and to carry away later an impression of rough-
ness, uncouthness, and lack of the finer activities. But the cost
toi building material from the long shipment across the moun-
■ tains explains the small size of the houses; the arid climate and
hot sun takes almost instantaneous action on paint ; and the soil
and altitude make trees and lawns an impossibility. The rough
appearance of the district is not an index of the character of its
2 The Florence and Cripple Creek Railroad. (Narrow Guage.) The Midland
Terminal Railway. The Colorado Springs and Cripple Creek District feailway.
• This statement is not absolutely truthful. Two or three irrépressible citi-
zens hâve succeeded with infinité care and attention in growing lawns of a
few square feet, and a yery few quaking aspen trees hâve been’ nursed into
some show of thriving, but these facta only emphasize the general barrenness.
[6g]EASTAEL--HISTOEY OF THE CEIPPLE CEEEK STEIKE 63
k
people. Within the unprepossessing exterior are homes of splen-
did taste, fine in their furnishings, conveniences, and life. Men
of éducation and refinement hâve corne to the Cripple Creek Dis-
trict, and their influence is seen in city water works, electric
lights, good schools, hospitals, libraries, and churches. The dis-
trict has kept much of its frontier aspect but lost much of its
frontier character.
The rough extemals cannot however but hâve a considérable
sélective effect. The lover of the easy, sheltered life will not
gravitate to such conditions. It is the man to whom rough sur-
roundings are agreeable or of secondary importance who will
be attraeted, and this means in many respects frontiersmen—
^the rough, hardy, fearless, independent, restraint-hating type of
manhood. Thus the anomaly in a very recent frontier district, of a
highly developed industrial center, which has kept most of its
■^frontier aspects, and much of its frontier life.
^ The existence of the Cripple Creek District dépends almost
entirely upon its mining industry, and its prosperity rests upon
the same source.4 No agriculture is possible, and scarcely any
grazing; the district dépends entirely upon outside shipments
for its food supply. The same is true of manufaoturing ; none
of the conditions for successful manufacture exist. Ail kinds
of products, including building material, hâve to be shipped in,
and the ores are shipped out of the district almost entirely for
^ treatment. Business is local in its nature, arising from the éco-
nomie needs of the district, and limited to the effective demand
for consumption within the district. We hâve to consider then,
not a strike of the ordinary type, involving merely a sinall
4 The mines of the district hâve produced gold values as follows :
1891 			 $200,000	1900 		$22,500,000
1892 			1901 		24,986,99#
1893 			 2,010,400	1902 		24,508,311
1894 			 3,250,000	1903 		17., 630,107 21,414,080 22,307,952
1895 			 6,100,000	1904 		
1896			 1897				 12,000,000	1905 		
1898 			 16,000,000	Total production to	
1899 				 21,000,000	1906 		$203,245,15#
The recorded dividends for 1905 were $4,032,740. The profits by lessees
and close corporations for the same period are estimated at $1,000,000, making
the net profits from the mining industry for 1905, about $5,000,000.
[63]64
BULLETIN OF THE UNIVERSITY OF WISCONSIN
i class, and disturbing économie conditions only generally, but
one that throttled tbe wbole basic industry, and disrupted the en-
^ tire industrial and business life of the section in which it occur-
red. Here lies the explanation for much of the intensity and
fierceness of the struggle, for the alignment of forces, and for
the bitter class strife that dominated it.
The working force remained almost entirely American. The
unwritten law of the métal mining camps of the West, which
does not allow Italian' laborers, was in force here. The high
rate of wages permitted the employment of a higher class of la-
^ bor than is usual in mining, and the boast was constantly reiter-
ated that Oipple Creek had the best set of miners in the world.5
The conditions of labor were also of the best. The mines were
i comparatively dry and well ventilated, the hours short, and
machines provided to facilitate ail operations. Good car service,
and the modem improvements of the towns, added more than
the comfort usual to the home life of a mining area.®
5 The wage scale for an eight-hour day in force after 1894 was as follows :
Fer Day
Trammers, single-hand miners, firemen and ordinary laborers.........$3.00
Timbermen, machine heîpers, etc..................................... 3.50
Machine men ........................................................ 4.00
Engineers, foremen and shift bosses, $4.00 to....................... 5.00
Graduâtes of many of the foremost universities of the country are to be found
among the mine workers, and every year a number of the Colorado undergraduate
stüdents spend their summers in the Cripple Creek mines.
, 6 The unions of the Western Fédération of Miners in the district in 1903
were as lollows:
Free Coinage Miners Union No. 19, Altman.
Anaconda Miners Union No. 21.
Victor Miners Union No. 32.
Cripple Creek Miners Union No. 40.
Independence En'gineers Union No. 75.
Excelsior Engineers Union No. 80, Victor.
Cripple Creek Engineers Union No. 82.
Banner Mill & Smeltermens Union No. 106, Victor.
Spécial cars are run on the roads at the time the mine shifts change to take
the men to and from their work. This enables the men to dive in town while
working at considérable distances in the outskirts of the district, and has had a
considérable influence in centering so much of the life in Victor and Cripple
Creek.
[64]RASTALL----HISTORY OF THE CRIPPLE CREEE STRIEE 65
The Baceground for the Strike
In the interval from 1894 to 1903 there Were no labor difficul-
ties. The best of feeling prevailed between employer and em-
ployed, and a more prospérons, contente d, industrial district
would hâve been hard to find. Certain events took place, how-
ever, which had a most vital influence upon the second strike,
and effected powerfully the course of events. These were the
^ partitioning of El Paso County ; the espousal of socialism by the
Western Fédération of Miners,* and the growth of the unions
in political power.
In 1893 El Paso County, with Colorado Springs as its county
seat, included the Cripple Creek mining area. This was not
satisfactory to the citizens of the area, and in 1899 they suc-
ceeded in seeuring a separate county govemment. The new
county of Teller was formed, including the mining area, and
some adjacent territory.7 The resuit of the division was entirely
to change the political situation relative to the strike. In 1893
the eontrol of the county rested in Colorado Springs, and there-
fore as a political unit the county was not in sympathy with
the mining towns. The difficulty developed between the county
.jauthorities and the miners, with the State exercising simply the
Tbalance of power.8 In 1903 the mining cities had their own
county. The same political forces that controlled the towns con-
trolled the county, and the district presented a solid front which
only state authority could oppose or eontrol. In this condition,
coupled with the eontrol of the county and state by strongly op-
posed political forces, can be found much of the explanation1 of
the free use of state power.
But the division of El Paso County had a still more impor-
tant resuit in giving the unions the opportunity for a considér-
able political eontrol. At the time the various towns of the dis-
trict were formed the population was composed largely of miners,
7 The county of Teller has had a most successful history. In 1901 it com-
pleted a substantial jail, in 1902 a county hospital, and in' 1905 a splendid
county court house and administration building. The expense was met without
indebtedness, and in spite of the costliness of the turbulent times of 1903 and
1904 the county is still without a debt.
s See Part I, pp. 40, 45-48, 56.
s
[65]66	BULLETIN OF THE UNIVERSITY OP WISCONSIN
and they maturally constituted the force that elected most of the
local officers. The unions from their very inception followed a
policy of political activity, and the strike of 1893 fonnd the
govemment of such newly formed towns as Altman entirely in
their hands. With the formation of Teller Connty independent
political action was decided upon, and a Miners’ ticket was in the
field at the next élection. Defeated, the miners tnmed to ally
themselves with the Démocratie party. There was no formai ac-
tion, but a quiet readjustment of forces that was even more ef-
fective. At every élection the Démocratie party triumphed ; mem-
bers of the Fédération’ and friends of the Fédération went into
office, and it was generally conceded that no man who was un-
friendly to the unions could hope for élection.9 B y 1903 a large
number of the local and county officers were members of the
Western Fédération of Miners, and nearly ail were in entire sym-
pathy with the unions.10 This was especially true of the police
officers, a large majority of whom were Fédération men. The
unions were thoroughly in power. Here is a striking example
of the power of a unified minority working among the forces of
a scattered majority. In’ it is the groundwork for the bitter con-
9	The alignaient of the political parties at the various élections was as fol-
lows :
1899.	Démocratie, Republican and Silver Republican, Populist and Co-opera-
tive (the union ticket).
1900.	Démocratie, Populist and Silver Republican, Republican.
1901.	Démocratie, Republican, Socialist.
1902.	Démocratie, Republican, Socialist, Populist.
The strength of the labor vote was shown in the élection of 1903, after the
opening of the strike, when the unions again ran separately, electing their can-
didate for assessor. The vote was :
Assessor. Coroner.
Independent Labor ................................... 2,227 (no candidate)
Republican .............................................. 1,933	2,382
Démocratie............................................... 1,655	2,980
Socialist ...............................................   175	430
10	The city of Victor can be taken as a flair example of the district as a whole.
The miners’ union members who held offices here were as follows:
Alderman J. Murphy.
Alderman James J. Tobin.
Alderman Hugh Healy.
Day Marshal J. O’Connell.
A Night Marshal 'ifake Lamb.
Most of the policemen.
Jailer James Printy.
Fire Chief James Printy, Jr.
Street Commissioner Simon O’Rourke.RASTALL--HISTORY OF THE CRIPPEE CREEE STRIEE 67
troversy between the county and the State, and the key to the ex-
planation of many of the political features o£ the strike.
The Western Fédération of Mdners in 1902 announced a propo-
ganda of socialism. President Boyce upon his retirement from
office in that year made a speech strongly nrging Socialism upon
Fédération members.
The conventions of 1902, 1903, 1904, and 1905 passed resolu-
tions endorsing the tenets of Socialism, and recommending inde-
pendent political action upon the part of labor organizations.
The utterances of the official organ of the Fédération, The Min-
iers Magazine, are strongly Socialistic in their tone, as are many
of the speeches of the union leaders. President Moyer in his
formai annual report for 1903 said :
“After fully considering the conditions surrounding us at this
time, I believe that the most important action which you can take
during this convention will be to reaffirm the policy adopted by
the tenth annual convention. Do this and you will hâve accom-
plished that which will redound to your crédit and insure such
prosperity for your organization as will not only commend you to
those you represent, but to the great army of toilers throughout
the entire world, who are anxiously awaiting the message that
the Western Fédération of Miners will not pause in the deter-
mined effort to bring about such a change in our social and écon-
omie conditions as will resuit in a complété révolution of the
présent System of industrial slavery. * *	#	*
“John Mitchell need not be surprised should his membership
tum their faces to the West, seeking affiliation with organiza-
tions which hâve sent out their message to the World, that as la-
bor produces ail wealth, such wealth belongs to the producer
thereof. That their mission is not to tighten the bonds which
surround the toiler, but the émancipation of wage slavery and the
equality of man. ###’#####
“I sincerely trust that you will leave nothing undone to educate
the members of this organization, not only along the lines of
trades unionism, but to a realization of their—power to b^ring
about a condition under which every individual who labors
shall be entitled to that which his labor produces.,?11
11 Official Proceedings, W. F. M. A., June, 1903, p. 22.
[67]68
BULLETIN OF THE UNIVERSITY OF WISCONSIN
And again in 1905:
“How much longer are we going to acknowledge our ignor-
ance? How mucli longer shall we permit our corporate and
political masters to assume thé privilège to do the thinking for
the producing class? Knowing the power that we still possèss
through the ballot, if we shall continue to be wage and political
slaves, struggling to better our condition through simple trades
unionism, then we are entitled to no considération, and the time
is not far distant when, unless the working men and women’
of this country awaken to their strength and power and while
they still hâve the right of franchise, destroy forever a Sys-
tem which makes millionaires and paupers, then they will be
helpless indeed. *	*	*	*	*
‘‘ Supplication by the people of Russia at the feet of their Czar
was met by the fire of musketry of his soldiers. Pleading of
American labor at the throne of capitalism is answered with the
in junetion, the blacklist and the military bullpen. I appeal to you,
fellow workers, to arouse yourselves and while you still hâve
the opportunity, take control of the weapons which are being
used to deprive you of your citizenship, and bear in mind that
you hâve czars in this boasted land of the free that would be
less merciful than he of Jjtussia.”12
Upon the title page of The Miners Magazine appears every
month the slogan :
“ Labor produces ail wealth, wealth belongs to the producer
thereof.? ’
It should be said that the annual conventions refused to pass
resolutions of extremely Socialistic nature, always simply en-
dorsing the general tenets of Socialism ; demanding further éco-
nomie éducation, and advising the class-conscious use of the bal-
lot to right É f labor’s wrongs.”13 But couple the extreme utter-
1905, pp. 23 and 24.
13The resolution of the June, 1905, convention' was as follows :
“No. 113.
“To the Thirteenth Annual Convention of the Western Fédération of lytiners :
“We, your Committee on Resolutions, hereby submit the following resolution :
“Whereas, Economie évolution and the oppression of the capitalist elass
through its ownership of the means of production and exchange hâve forced on
the workers the consciousness of the necessity of the abolition of craft divisions
on the industrial field and their alignment as members of one general économie
[68]STRIKING MlNERS AT THE BUEE PEN, GUARDED BY MlIilTIA.RASTAI/L--HISTORY OR THE CRIPPEE CREEE STRIEE 69
ances of the radicals, with the general misapprehension of S'o-
cialism as something essentially conneeted with révolution’ and
anarchy, and the effect upon the extreme conservative party of
the State, represented by Governor Peabody, himself a banker,
can Well be imagined. The party which stood for the gold stand-
ard when Bryan as the champion of silver swept the state, and
which represented the large business and corporate interests
of the commonwealth, would hâve little tolérance for such “here-
sies,” and would lose no opportunity to root them out.
organization, based on the class struggle, as a more effective method of resisting
the encroachment of the capitalist class ; and,
“Whereas, We believe that action on the économie field alone will not solve
the problem of industrial émancipation unless accompanied by class-conscious,
independent political action at the ballot box, by which we can capture the
powers of government and establish an administration of the working class in-
stead of the présent capitalist System of society ; and,
“Whereas, As an intellectual révolution must first take place in’ the minds of
the workers before they can intelligently take over and administer the industries
and powers of government in the interests of their class ; therefore, be it
“Resolved, That the Thirteenth Annual Convention of the Western Fédération
of Miners does hereby re-affirm and endorse the resolutions of the Tenth, Elev-
enth and Twelfth Annual Conventions, recommending independent working-class
political action; and, be it further
“Resolved, That we recommend to ail workers the study of économies, that
it may lead to an intelligent conception of the class struggle, of their interests
as the wealth-producing class of the world, and of the proper civic expression
of these convictions at the ballot box, thus insuring a peaceful transition from
the présent capitalist mode of production and exchange, ànd its conséquent
dégradation and misery, to the co-operative commonwealth.”
Official Proceedings, Eleventh Annual Convention, W. F. M. A., 1905, pp. 34&
and 344.
They refused to pass the following:
“No. 92.
“To the Officers and Delegates of the Thirteenth Annual Convention, Western
Fédération of Miners :
“I hereby submit the following resolution for your considération :
“Whereas, The organization known as the Western Fédération of Miners has
in previous conventions declared themselves in favor of the Socialist Party, and!
in as much as this convention declared themselves in favor of industrial union-
ism, which is socialism with its working clothes on ; therefore, be it
“Resolved, That the name of the organization be changed from the Western
Fédération of Miners to the Western Fédération of Socialists, and as the So-
cialists at this convention claim that those who do not believe in their principles
are a burden to the organization ; therefore, be it
“Resolved, With ail due respect to the members of the organization, that those
local unions who do not believe in the socialistic principle be requested to with-
draw from this organization.” p. 304.
[69]70
BULLETIN OF THE UNIVERSITY OF WISCONSIN
The Situation Immediately Preceding the Strike
The unions were for some time in a position of very great
power which they were not careful to wield either with justice
or considération. The most extreme case of this condition was
to be found in the courts. It became ahnost impossible to convict
a union1 man of any offense. The judges conducted trials with
* absolute impartiality, and the public attorneys prosecuted with
vigor, but juries could not be secured that would bring in ver-
dicts of guilty. The defense of a union man might consist
almost entirely in showing his union record, and man after man
of whose guilt there was the strongest evidence went scot free.14
The movement to bring non-union men into the unions was
always strong, and at times became violent. On August 6th,
1901 the following notice was posted at many of the mines:
“Take notice, that on and after September 15, 1901, anyone
working in and around the mines, mills, or power plants of the
Cripple Creek District, who cannot show a card of membership
in' good standing in some local union of the "Western Fédération of
Miners, will be considered a scab and an enemy to us, himself,
and the community at large, and will be treated as such. By
order of the Cripple Creek Executive Board of the Western Féd-
ération of Miners.
“John Curry, President.”
This was followed on September 9th by the following :
“ You hâve no doubt read and thought about our circular which
was posted pretty thoroughly throughout this district about five
weeks ago. This notice is issued for the purpose of reminding
you that the 15th of September is near at hand ; that the time
of grâce has about expired. You hâve had two pay days in'
which to décidé whether you are for us or against us—there is
no middle ground. While a majority of the men working in and
around the mines, mills, and power plants hâve responded to
the eall, there are still some outside our ranks. To these this
14 Judges of the district, men who hâve maintained a most praiseworthy at-
titude of fairness and impartiality through ail the hitterness and party strife
of the strike, recount case after case such as the above.
[70]RASTAIiL--HISTORY OF THE CRIPPLE CREEK STRIKE 71
notice is addressed. If y ou are working in or around the mines,
mills, or power plants of this district, THIS ME ANS YOU. Now,
don’t throw this to one side and say, ‘Only another bluff.’ If
you are ‘from Missouri’ corne into some of the unions of the
Western Fédération of Miners and we’ll ‘show’ you that we
are trying to help you as well as ourselves, and as the 15th is
only about six days away, ‘YOU’LL HAYE TO HURRY.’
“The Cripple Creek District Executive Board of the Western
Fédération of Miners.
“By John Curry, President
Other notices of like ténor were posted at various times.
There were threats and intimidations, and some actual vio-
lence. Occasionally men were frightened or driven’ from the
district.15 It must not be supposed, however, that the conditions
were such that life in the camp became generally untenable for
non-union men. In many of the mines union and non-.union
men worked side by side, and an occasional mine worked with
non-union men entirely.
During this1 time also the unions gradually developed a danger-
ous condition of minority rule. The large conservative member-
ship began to remain away from the business meetings, and to
take small interest in the routine of the conduct of affadrs. The
radicals came into undue power, and moderate men were at
times hissed from their feet when they attempted to speak. It
came about that extremists were elected to office,16 men entirely
unfit for such positions, who did not at ail represent the better
class of the membership. By the constitution of the Fédération
a strike could be called only by a three-fourths vote of the mem-
bership of every union concerned.17 Hardly had the difficulty
15	In July, 1903, five Austrians arrived in Victor from Butte, Montana. They
were taken for Italians, and were escorted from the city by several union
miners under the plea of findinlg them work on the railroad. Arriving at Holly-
wood they were told to keep on going and not corne back, and after they had
gone some distance a volley of revolver, shots was fired into the air.
16	An extreme case is that of C. G. Kennison, President of the Cripple Creek
Union, and an’ influential member of the District Council. Men who knew Ken-
nison well, and whose sympathies were decidedly with the unions, speak of him
as “a rabid, crazy fool, devoid of understanding and common sense.”
17	Article 5. Section 1. It shall be unlawful for any union to enter upon
a strike unless ordered by three-fourths of its résident members in good standing
[71]72	BULLETIN OF THE UNIVERSITY OF WISCONSIN
loomed upon the horizon however, when the unions voted the
power entirely into the hands of the District Council, a general
committee of thirteen composed mostly of offieers of the local un-
ions.18 The meetings which took this action were not largely at-
tended. Many of the men did not know that they had lost the
referendum, and more of them regretted it when' it was too late.
■O.	.Ul	J>.	Jfc	Mm
v?	W	Tr	w
Thus there came the formation of a Little Mining Monarchy,
shut ofE from the rest of the world by a high mountain range,
strongly differentiated by its great altitude and arid climate,
without agriculture or manufactures, its industrial life centered
in mining: with its own separate political organization, the
power in the hands of the miners, the unions controlled by a
minority, the strike power in the hands of a clique. The powder
train lies ready for the spark.
voting. Such questions shall be decided by a secret ballot at a spécial meeting
called for the purpose, after having received the approval of the executive board
of thè Western Fédération of Miners. *	*	*
18 This was of course unconstitutional, and had they seen that fact the miners
mïght later hâve made use of it.
[72]RASTALL--HISTORY OF THE CRIPPLE CREER STRIEE 73
CHAJPTER II
THE COLORADO CITY STRIKE
Smelters and réduction plants are located in Colorado at vari-
ons eenters of population throughout the State. The great bulk
of the Cripple Creek ores leave the district to go to these places
for réduction. Four plants which handle a considérable part of
the shipments are located at Colorado City,—the Telluride Mill,
the Portland Mill which handles only the ores of the Portland
mine, and the Standard and Colorado Mills, both owned by the
Colorado Réduction and Refining Company.1
The Western Fédération of Miners was organized with the
intention of ineluding ail trades closely allied to the mining in-
dustry, and in that idea included mill and smeltermen. No at-
tempt was made to organize the Colorado mills however until
1902, when a general movement was inaugurated to form unions
in ail the smelters of the state. The movement was unsuccessful
except at Colorado City, where Mill and Smeltermens ’ Union' No.
125 was formed in the month of August.2
J At Colorado City the union was met from the start by the
opposition of the mill managers. It was claimed by the union,
j and later practically admitted, that men’ were discharged
| simply for joining the union, and that as fast as their names
became known they (were being dropped.3 A. K. Crâne,
who had become rather influential in the union, was aceused
of acting the spy, and reporting the names of new mem-
bers to the company. He was expelled from the union, and later
compelled to leave the city. Becoming thoroughly angered, the
1The Standard and Colorado Mills are built closely adjoining and are run
under one management. It is necessary in various places to speak of them
separately, but their close connection sliould be kept in mind.
2 Organized Auig. 12, 1902, by Member of the Executive Board, Copeley. Offi-
cial Proceedings, 1903, p. 26.
8 Official Proceedings, W. F. M. A., 1903, p. 116. Report of D. C. Copeley.
[73]74	BULLETIN OF THE UNIVERSITY OF WISCONSIN
union determined to make a formai protest against the discrimi-
nation’, and to back it up if necessary by a strike.4 The oppor-
tunity was also to be taken to demand the wage scale in force in
the smelters of the mountain towns. This would mean an in-
crease in the minimum wage from $1.80 to $2.25, and slight in-
creases in the pay of men earning between $2.00 and $3.00 per
day. The men earning $3.00 and more would not be affected. Â
protest was also to be made against the déduction from wages
of $1.50 per month to cover insurance and doctor’s fees.
The committee made its call at the offices of the Standard and
Colorado plants on February 14th. Manager MacNeil asked if
^ any member of the committee was in the employ of the Colorado
Réduction and Refining Company, and upon the answer being
négative refused to meet the committee, or reçoive any kind of a
statement from it. The committee returned to the union head-
quarters, and a strike was called at the Standard Mill. Two weeks
later written demands were presented to the managers of the
Portland and Telluride Mills for an increased schedule of wages.
The demand was refused, and strikes were called in these plants
also.
The opposition of the management had been of suffieient
weight to prevent the union from becoming strong in the plants
of the Colorado Réduction and Refining Company. Of the 212
men employed at the Standard mill only 46 were union men
at the call of the strike. Thirty-six non-union men went out
with them, making the total number on strike about 80. Some
of the non-union men informed the management that they left
their positions through fear of violence, threats of which had
been made to them. The Colorado Mill had shut down on
February lst on account of lack of ore, and was still idle on
February 14th. The strike accordingly did not affect it, and
from its idle ranks the Standard Mill was able to draw work-
men to fill some of the vacant places.
4 The eight-hour question was not an element in the strike at Colorado City. The
workinig day in the Colorado City Plants had for several years been éight hours,
with the exception only of the sampling departments, where the day was ten
hours. Nor was the formation of the union here a part of the general move-
ment inaugurated by the Western Fédération of Miners to force the eight-hour day
which they had failed to secure by législation. The Colorado City Union No.
[74]RASTAEE----HISTORY OE THE CRIPPEE CREEK STRIKE 75
At the Portland and Telluride Mills thé organization had
been more thorough. The Portland sueceeded in keeping
enongh men to run, however, and continued with a greatly re-
duced force. The Telluride made no attempt to continue, but
utilized the temporary shutdown to carry on some constructive
and repair work.
Sheriff Gilbert of El Paso County swore in deputies to the
final number of 65 to protect the property of the mills. No
one was allowed to enter any of them without a written permit
from the sheriff or the mill manager. Manager MacNeill him-
self received a deputy’s commission. For a few days until
the county eould arrange for it, the deputies were paid by the
mill managers, and a number of them continued to be sa paid.
The strikers established a complété line of pickets around each
of the mills. Tents and other paraphemalia of camping were
provided, and day or night no one entered the mills without
having been seen.
A workman ’s picket never partakes of the nature of a parlor
game, nor are the men who can be picked up at short notice
to become deputy sheriffs likely to be of a class especially fitted
to shine in polite society. There was constant friction between
the pickets and deputies; several cases of disorder occurred;
and there were charges of brutality on the part of the deputies
toward the pickets, and charges of violence on the part of the
pickets toward non-union' workmen, both of which had more or
less foundation in fact.
Manager MacNeill was dissatisfied with the insufficient pro-
tection and control of the situation afforded him by the prés-
ence of the deputies, and desired State troops to enable him to
curb more effeetively the activities of the strikers. He accord-
ingly made a demand upon Governor Peabody for troops, but
was refused. Mr. MacNeill was able, however, to bring the
influence of certain powerful forces in the state to bear upon
the governor, and having done so, he proceeded to Denver on
Mîarch 3rd in his capacity as deputy sheriff, armed with a for-
mai déclaration of the existence of a mob from the sheriff of
125 was formed in July, 1902, and the législature which failed to pass the law
met in January, 190B, and was in session during the first strike at Colorado City.
[75]76
BULLETIN OF THE UNIVERSITY OF WISCONSIN
tbe county.* * * * 5 As the resuit of the conférence several of the
Denver militia companies were ordered to Colorado City.6
There was no apparent necessity for the presence of troops
at Colorado City at this time. A mob could not be said to
exist in any ordinary sense of the terni. Colorado City was
quiet except for occasional street brawls, which are common
enough there at any time. No destruction of property had oc-
curred, and 65 deputies would seem an ample number to fur-
nish protection for 4 mills. The mayor of the city, the chief
6 Sheriff Gilbert’s communication was as follows :
“I hand you herewith a communication from the Portland Gold Mining Com-
pany, operating a réduction plant in Colorado City, and from the United States
Réduction and Refining Company, from which I hâve received requests for pro-
tection. I hâve received like requests from the Telluride Réduction Company.
It has been brought to my attention that men hâve been severely beaten, and
there is grave danger of destruction of property. I accordingly notify you of
the existence of a mob, and armed bodies of men are patrollinlg this territory,
from which there is danger of commission of felony.”
For the testimony of the sheriff later before a spécial commission, see Official
Proceedings, W. F. M. A., pp. 155-159.
Q. “Well, you hâve testified that you commanded no set of men' to disperse.
You hâve testified that you had no warrant for any of these men or that they
resisted arrest, and yet you went to the governor and told him that you coul*
not control the situation here?” A. “I went to the ‘governor and told him
that I was—it either meant to hâve men killed there controlling the situation
or that we must get men enough here to handle the situation without killing
anybody.” From testimony before Advisory Board.
6 “Denver, Colorado, March 3, 1903.
f‘Executive Order:
“It being made to appear to me by the sheriff of El Paso county and other good
and reputable citizens of the town of Colorado City, and of that vicinity in
said county, that there is a tumult threatened, and that a body of men acting
together, by force with attempt to commit félonies, and to offer violence to
persons and property in the town of Colorado City and that vicinity, and by
force and violence to break and resist the laws of the State, and that the sher-
iff of El Paso county is unable to preserve and maintain order and secure
obedience to the laws and protect life and property, and secure the citizens
of the State in their rights, privilèges and safety under the Constitution and
laws of the State, in such cases made and provided;
“I therefore direct you, in pursuance of the power and authority vested in
me by the Constitution and the laws of the State, to direct the brigadier gen-
eral commanding the National Guard of the State of Colorado to forthwith
order out such troops, to immediately report to the sheriff of El Paso county,
as in the judgment of the brigadier general may be necessary to properly as-
sist the sheriff of that county in the enforcement of the laws and Constitution
of this State, and in maintaining peace and order.
“Given under my hand and executive seal this third day of March, A. D*
1903.
“James H. Peabody,
“Governor.”
“To the Adjutant General, State of Colorado.”
[76]Victor Union Hall after its Occupation by the MilitiaRASTALL——HISTORY O F THE CRIPPRE CREEE STRIEE 77
of police, and the city attorney nnited in a p.rotest against the
presence of troops.7 Business men protested generally. A
pétition protest was circulated, received 600 signatures, and was
immediately presented to the state législature.8 There is every
reason to suppose that the governor acted under stress in the
matter, and contrary to his own personal judgment.
On the evening of March 3rd, 125 members of the National
Guard, of whom 25 were officers, left Denver for Colorado City.
With them were two gatling guns, 25 horses, and the various
equipment for field service.9 Arriving at Colorado City they
went into camp. Next morning lines of men were thrown
around the mills; the union pickets were forced to disperse;
and their camps were removed.10 The militiamen were very
vigorous in their actions. The streets of Colorado City were
guarded at various times ; the union hall was put under surveil-
lance; and the homes of suspected union men searched.11 The
union ?s officers were loud in their denunciation of the activity
of the militia. Within ten days civil suits had been entered
7	Governor Peabody—It is understood that the militia has been ordered to
our town. For what purpose we do not know, as there is no disturbance here
of any kind. There has been no disturbance more than a few occasional brawls,
since the strike begari, and we respectfully protest aîgainst an army being placed
in our midst. A délégation of business men will call upon you tomorrow, with
a formai protest of the citizens of the city.
(Signed) J. T. Faulkner, Mayor.
George G. Bibdsall, Chief of Police.
John McCoach, City Attorney.
Chief of Police George G. Birdsall, of Colorado City, in an interview the fol-
lowing day after the arrivai of the troops, said :
“I hâve talked with a number of people during the afternoon, and they are ail
exceedingly indignant at the thought of having the militia corne among us. If
some trouble had arisen which we experienced difficulty in handlimg, then there
might hâve been some cause for sending soldiers over here, but nothing of the
kind has taken place. The assaults hâve been mainly fist flghts, which are apt
to take place at any time. I do not know of a place where a gun play has been
made within my jurisdiction. If I could foresee that men involved in this labor
trouble here would resort to the use of weapons, I might become scared myself,
but the boys hâve never appeared to take that course, nor do I believe that they
will countenance such methods in trying to win their fllght. They know, as weil
as ail good citizens, that they must hâve the public behind them, and I am sure
that they do not care to employ force to win their victory.”
8	This pétition was put into the hands of the officiais of the union and circu-
lated to them. See Official Proceedings, W. F. M. A., 1903, p. 118.
9	Bureau of Labor Statistics Report, 1903-1904, p. 55.
10The union later established some pickets outside the lines of troops.
11 For detailed statement of orders, movements, etc., see Adjutant-General
Biennial Report3 1903-4, pp. 10 and 11.
[77]78	BULLETIN OF THE UNIVERSITY OF WISCONSIN
against the militia officers charging them with the arrest, dé-
tention, and imprisonment of citizens pursuing lawful voca-
tions, the searching of citizens upon the public highways, the en-
trante of the homes of citizens, and the seizure and rétention of
the goods and chattels of citizens.
Partial Settlement by Arbitration
The Fédération countered the militia movement by request-
ing the mine owners in the Cripple Creek District to cease ship-
ments of ore to the Colorado City Mills. It was understood that
the men in the mines would be called out if the request were
not camp lied with. The Mine Owners ’ Association in a meeting
held March 5th, refused.
The citizens of the Cripple Creek District, roused to the
danger of the situation, now entered the field. Mass meetings
at Cripple Creek and Victor passed resolutions urging that the
difficulty be submitted to arbitration. An appeal was submitted
by the business men of Victor to the District Council of the
Fédération, asking “that action of ail kinds in the matter of
the impending labor difficulties” be deferred for one week to
give opportunity for “an1 amicable settlement of existing con-
ditions.’’ The appeal was granted immediately upon its prés-
entation, and the district and general officers took advantage
of the occasion to déclaré publicly their entire willingness to
submit the matters in dispute to arbitration.12
On’ March 9th the state législature adopted a joint resolution
demanding that the parties in the controversy submit their
daims to arbitration. Two days later the governor made a
Personal investigation. The day was spent in interviews with
the officiais of Colorado City, the union officers, and in! visits to
the mills where the governor talked with the men still at work.
In the evening a public réception was given in the Antiers
Hôtel, Colorado Springs. Eetuming to Denver the governor
armounced that he did not feel justified in recalling the militia.
12 See interviews of President Moyer and Secretary Hayward in Colorado papers,
March 9, 1903.
[78]RASTALL--HISTORY OF THE CRIPPLE CREEE: STRIEE 79
Alt the same time lie issued invitations to the officers o£ the
Fédération, and to the mill managers, to meet with their coun-
eil in‘ his office, to confer relative to adjnsting the matters at
issue.
The invitation was accepted, and the conférence met at 2
p. m. March 14th. The negotiations did not proceed to suit
Manager MacNeill. He was unwilling to join the other mana-
gers in making concessions for the settlement of the strike, and
declaring that they were violating an agreement among them-
selves he withdrew with his attorney early in the evening.13
The conférence between' the other parties continued, and after
an all-night session terms of settlement were agreed upon.
The agreement with the Portland Mill was as follows :	^
“First: That eight hours shall constitute a day’s work in
and around the mills, with the exception of the sampling dé-
partaient, which may extend to ten hours.
“Second: That in the employment of men by this company
there shall be no discrimination between union and non-union!
labor, and that no person shall be discharged by reason of
membership in any labor organization.
“Third: That ail men now on strike shall be reinstated with-
in twenty (20) days from Monday, the 16th day of March, A.
D. 1903, who shall hâve made application for work within five
days from this date.
“Fourth: That the management of the Portland Grold Min-
ing Company will confer with any committee of the Colorado
City Mill and Smeltermen’s Union, No. 125, at any time within
twenty '(20) days, upon a subject of a seale of prices.
“Dated at Denver, Colo., this 14th day of March, A. D. 1903.
“F'rank G. Peck,
“For the Portland Gold Mining Company.
‘ ‘ Charles Moyer,
For Mill and Smeltermen’s Union.”
13 Spécial Report, United States Commissioner or Labor, “Labor Disturbances
in the State of Colorado,” p. 119.
Mr. MacNeill’s attorney (Judge Babbitt of Colorado Springs) has explained
that before going to tlie Denver conférence the mill managers came to an agree-
ment upon' conditions for which they were to stand absolutely. It was when
the other managers be£an to weaken and to recede from these conditions that
Mr. MacNeill left the conférence.
[79]80
BULLETIN OF THE UNIVERSITY OF WISCONSIN
The agreement with the Telluride Mil was the same, except
that as the mill was undergoing construction and repair work
and could not be opened immediately, the management simply
bound itself to reinstate its old employées upon the resumption
of operations.14
The first clause fixed the hours of labor exactly as they were
before the strike. The second clause was merely a formai state-
ment of the open shop principle, which existed previously, in
appearance at least. The third clause protected the men from
punishment for having been strikers, and the fourth agreed to
a further conférence on the wage question. The union had
gained its récognition, but not the advanced wage scale.15
On the further invitation of the governor, Manager Mac-
Neill met with President Moyer and Secretary Haywood of the
Fédération for a second conférence. He would however make
no concessions. He refused to recognize the union, or to confer
with a committee in any way relative to a change in wages. No
agreement should be made to reinstate the men, nor a single
laborer lose his position to give work to a striker. He would
J only agréé not to discriminate against fédération men’ when
in the future he should hâve need of additional workmen.16
As the resuit of the conférences the strikes were called off at
the Portland and Telluride Mills, but continued at the Standard.
The governor agreed to the withdrawal of the militia, and the
Fédération to the withdrawal of the suits that had been entered
against the militia officers.
It is greatly to be regretted that Manager MacNeill insisted
upon taking such an uncompromising attitude through the ne-
gotiations. If the sériés of events which were taking place at
this time could hâve been stopped at any point the whole un-
fortunate aftermath at Cripple Creek might hâve been avoided.
The union was acting in a conciliatory spirit, and had shown its
willingness to corne more than half way; the other managers
had corne to a satisfactory agreement, and any other attitude
14	For detailed statement see JSfinth Biennial Report, Bureau of Laboir Statis-
tics, Colorado, pp. 57 and 58.
15	In the later conférence the Portland and Telluride Mills agreed to the sched-
ule asked for by the union.
10 Spécial Report, United States Commissioner of Labor, p. 119.
[80]RASTAEL--HISTORY OE THE GRIPPEE CREEK STRIKE 81
than that of laying down his own terms, and standing inflexibly
upon them in a take them or leave them spirit, must hâve re-
sulted in a settlement.
Temporàry Strike at Cripple Creek
On March 16th, the week during which a stay of proceedings
had been granted was ended, and the Cripple Creek District
Union made a formai demand upon the mines furnishing ore
to the plants of the Colorado Réduction and Refining Company
to cease their shipments. The Victor Business Men’s Commit-
tee made a last effort to get President Moyer and Manager Mac-
Neill together in a settlement, but were unsuecessful. The mine
y owners took no action, and on March 17th, a strike was called
upon ail the mines furnishing ores to plants of the Colorado
Réduction and Refining Company at Colorado City and Flor-
ence.17 The strike affected the Independence, Vindicator, Ajax,
Independence Consolidated, Mary McKinney, Isabella, Strong,
Findley, Mountain Beauty, Elkton, Granité, Gold King, Thomp-
son, and Blanche mines, which were operating on the open’ shop
principle and employed about 750 union men. The operators
of the Vindicator and Mary McKinney mines agreed not to ship
to the Colorado Réduction and Refining Company, and were
allowed to continue.
^ - The miners were not generally in favor of the strike. They
* had no grievance of their own, and could not see the logic of
leaving their positions to help a few mill men in Colorado City.
If the constitution of the Fédération had been fully carried out
and the question submitted to referendum vote in each local
17 The strike at Cripple Creek was called by the District Council upon the
formai request of President Moyer. See Président’# Report in the Convention
Proceedings of 1903, p. 28 :—“On March 16, after conferring with your Secre-
tary-Treasurer and Member of the Board Copeley, we decided to request District
Union No. 1 to notify ail men working on properties supplying ore to the Stand-
ard Mill in Colorado City to discontinue work.” Such a request amounted prac-
tically to a demand. (See same, p. 23.) Thus, while the responsibility was
technically thrown upon the District Council, the General Executive Board was
the real power behind the act. But see also Convention Proceedings, 1903, p. 118.
Also, resolution, same, p. 248.	“6. We commend the President for his prompt-
ness in qalling out the miners of the Cripple Creek district to aid the strikin'g
millmen at Colorado City.”
6
[81]82
BULLETIN OF TIIE UNIVERSITY OF WISCONSIN
union there is small likelihood that the men eould hâve been
induced to vote the strike.18 Most of the mines concemed were
nnder contract to furnish their ores to the Colorado Réduction
and Refining Company.19 They coiild not accédé to the demand
of the union without making themselves liable to heavy damage
suits, and hence the strike was called against them with their
hands tied.
The call of the strike at Cripple Creek did not discourage
those who were Working for a peaceful settlement of the diffi-
culty, but rather induced them to redouble their efforts. The
business men of Cripple Creek and Victor continued their
vigorous eampaign. Governor Peabody on March 19th, issued
a proclamation, and appointed a spécial advisory board to in-
quire into the labor difficulties, and to corne to some conclusion
if possible in the matter. As named by the governor the mem-
bership of the board consisted as follows: President Wm, F.
Slocum of Colorado College, Colorado Springs; Hon. Chas. D.
Hayt20 of Denver; Rev. Thomas A. Uzzell21 of Denver; Hon.
Frank W. Frewen22 of Cripple Creek; and Father Joseph P.
Carrigan23 of Denver. President Slocum was unable to serve
on’ account of pressure of work, and his place was not filled.
The board convened in Denver March 21st, and held sessions
for several days, taking testimony from the fédération and mill
officiais, and others. On the 25th it met in Colorado Springs
18	It should be safd that this conclusion differs from that of Walter B. Palmer,
who conducted the investigation for the Lahor Department of the United States
Government, and also from that of W. H. Montgomery, the Deputy State Com-
missioner of Lahor, in his biennial report for 1903-4. The language in the con-
clusions of both is identical :	“It seems probable that if a referendum vote had
been' taken of the miners in the district a majority would hâve voted in favor
of the strike.” The conclusion of the author rests largely upon his Personal
knowledge of thê conditions. He was in the district twice, in February and
March, gathering material for the report on the strike of 1893, and had occasion
to talk with a number of the miners. Excepting some of the officers, he did not
find a man who favored a walk-out in sympathy with the Colorado City men.
There was the stronigest feeling that such talk was idle nonsense.
19	Biennial Report Commissioner of LaT)ort 1903-4, p. 60.
20	Mr. Hayt is an ex-judge of the suprême court.
21	Mr. Uzzell was a popular Denver preacher, and Republican politician. He
is now (1905) County Commissioner of Denver County.
22	Mr. Frewen was Représentative from Cripple Creek. He is now employed
in the interests of the Colorado and Southern Railway.
28 Father Carrigan’ has for a long tinte shown an intelligent interest in labor
questions.
[82]RASTALL--HISTORY OF THF CRIPPLE CREEE! STRIEE 83
and had a conférence with a committee of the Mine Owners7
Association. Next day it lield its session in Colorado City,
iwliere it examined strikers, and employées of the mills, and
officiais of Colorado City.
As the resuit of its investigations the board reached the con-
clusion that the points at issue were in reality of small import,
and that, “a heart to heart talk” should bring about a settle-
ment.24 Accordingly a conférence was secured between the of-
ficers of the réduction company and of the Fédération, and at-
torneys for both sides, présent also officers of the Colorado City,
Victor, and District unions, the Mayor of Cripple Creek, and
the Victor committee. Little by little the non-essential points
were weeded out, but it seemed impossible to get an agreement
upon the points that had proved stumbling blocks at the earlier
conférences—the récognition of the union, the wage scale, and
the immédiate employment of the strikers. Manager MacNeill
at length agreed to receive and eonfer with a committee of the
mill employées eonceming changes in’ the wage scale, but still
declined to meet such a committee from the Fédération. Presi-
dent Moyer waived the récognition of the Fédération committee
and accepted the offer of a conférence without the guarantee of
any inerease in wages.
On the point of réemployaient the negotiations were still un-
successful. Manager MacNeill was emphatic in his refusai to
set a time limit within 'which the strikers should be reinstated,
or to make any agreement by which any men employed since the
opening of the strike could lose their positions. The Victor
committee offered to give employment to the strikers in the
Cripple Creek District at $3.00 per day if the strike should be
called off without reinstatement, but President Moyer refused.
They then offered to give the same work to men who lost their
positions atthe Standard Mill if the strikers be reinstated, but
24 Official statment given to the press, March 29, 1903. See also Report of
the Bureau of Laljor Statistics, 1903-4, p. 62.
“As soon as the members of the Governor’s advisory board were sufficiently
advised of the real causes of the strike, they concluded that if the parties
could be brought together in a heart to heart talk it might resuit in an ami-
cable adjustment of their différences. This belief was strengthened by the facfc
that the board was of the opinion that such différences were too slight to be
the cause of involving this State in an industrial war.”
[83]•84	BULLETIN OF THE UNIVERSITY OF WISCONSIN
Manager MacNeill refused. This action, however, broke tbe ice.
Manager MacNeill offered to give preference to the strikers,
and take them back as soon as openings could be fonnd at the
anills. It was hoped, he said, that the increase in ore shipments
would permit the opening of the Colorado Mill shortly, and in
that case the men would be rapidly reemployed. This offer was
finally accepted by President Moyer. Both sides waived the
question of a written agreement,25 but the advisory board was
to meet again in May and détermine whether the agreement had
been faithfully earried out.26
Télégraphie reports of the settlement were received in the
Cripple Creek District with the greatest rejoicing. Bells were
rung, whistles blown, the papers put out spécial éditions to
spread the news. Purses were raised and bands gotten out.
Committees and officiais coming in from the conférence were
met at the trains, and placed at the heads of processions which
marched streets illuminated by bonfires and colored powders.
There was endless cheering, and tooting of horns, and speeeh-
making ; and over ail the ringing of bells, the droning of whistles,
-and the crash of giant crackers. A minirig strike settled was
an event for the most intense rejoicing in the Cripple Creek
District.
25	This was a serious mistake. The whole latter dispute was made possible
only hy disagreement as to what had been the exact terms of the compromise.
26	Official Btatement of Advisory Board, March 31.
“Mr. Moyer has this day agreed to accept the proposition of Manager MacNeill,
as given in the communication of March 29, and he has declared the strike off,
basing his action to some extent upon the opinion of the board as to the time
within which it may be confidently expected that the men wifll be reinstated.
Mr. Moyer has stated that he did this because he wished, so far as possible, to
avoid bringing loss upon others, and particularly the miners and mine owners
in the Cripple Creek district, for a cause, which, in the opinion of the board,
was not serious.”
[84]RASTALL--HISTORY OF THE CRIPPLE CREEK STRIKE 85
CHAPTEE III
THE CRIPPLE CREEK STRIKE
The Cale of thé Strike
The shipments of ore to Colorado City did not increase suf-
ficiently to permit the opening of the Colorado Mill. The hope
that this mill eould be used to rapidly employ the union
strikers was therefore without fulfillment. It beeame apparent
early that Manager MacNeill and the Colorado City Union in-
terpreted the terms of their agreement differently. As fast
as vacancies occurred the positions were offered by the company
without regard to the kind of work or the wage, but were re-
fused by the men unless given their former kind of work and
former 'wage. The company was holding the agreement to
mean simple réemployaient, the men, to mean reinstatement.
Further cause of irritation was the refusai of Manager MacNeill
to consider a new wage schedule. He met the committee of
mill men according to his agreement, but that was ail.
The advisory board convened for its final sessions on May
23rd, and received statements from the Colorado Eeduction
and Eefining Company and the Western Fédération. The
statement of the company set forth that there had been one
hundred two applicants for work, of whom forty-two were re-
fused and sixty offered employment. A detailed list was given
of the refusais, with reasons therefor. Forty-seven of the
sixty men to whom work had been offered refused it,
and only thirteen' accepted. Twenty-seven were offered
positions at the same pay they had received before
the strike, eight accepted, nineteen refused. Eleven were of-
fered higher wages, three accepted, eight refused. Twenty-two
were offered smaller wages, two accepted, twenty refused. Work
[85]86
BULLETIN OF THE UNIVERSITY OF WISCONSIN
had been refused in ail cases where it did not give tbe man the
same position that lie occnpied before the strike.1
The statement of the union took exception to many of the
refusais of the company to employ men, and gave a detailed re-
buttal to the statements made concerning them. It insisted that
the agreement had been to reinstate the men in their old posi-
tions, and that the company had failed to keep its promise.2
After several days deliberation the board made a final report
to the governor in which the conclusion was reached that the
company had to the best of its ability carried out its promises.3
There is every evidence that this conclusion was a just one, so
far as the letter of the agreement at least was concerned. The
whole question was as to whether the company had agreed to re-
instate, or simply to reemploy. Throughout the whole preced-
ing sériés of conférences Manager MacNeill ’s position had been
firm that he would take no step that would remove from his
position a single man then in’ his employ, and a promise to re-
instate the strikers must hâve meant the displacement of many.
President Moyer in his report to the annual convention of the
Fédération in June states clearly that the proposition from
Manager MacNeill which he finally accepted *was to “take
back” the striking men “without discrimination, if vacancies
occur in the working force.7’ and that Mr. MacNeill had just
rejected a proposition offered by himself which included the
“reinstatement” of the men.4 * * As to whether the company had
not in reality discriminated by offering work in the most unac-
1	Report, Commissioner of Labor, TJ. 8., 1905, p. 129, and following. The
statement is given in detail in Offioial Proceedings, 12th Annual Convention, West-
ern Fédération of Miners, pp. 125-133.
2	Official Proceedings, 12th Annual Convention, Western Fédération of Miners,
pp-'134-140. But see also some contrary opinions by union officers in same, pp.
169-170.
3	The report is given àlmost in full in the Spécial Report of the Commissioner
of Labor, U. S. A., 1905, Labor Disturbances in Colorado, pp. 130 and 131L
4	Official Proceedings, W. F. M. A., June, 1903, p. 28. Paragraph from the
proposition submitted by Mr. MacNeill :
“Third. Men who had left the company’s service on account of the recent
strike to be taken back without discrimination as to being union or non-union
men, if vacancies occur in' the working force.”
Paragraph from counter “ultimatum” submitted by Mr. Moyer :
“Third. Ail men who hâve left said company’s service on account of the
présent strike, and ail men who hâve been discharged, if any, for no reason
[86]RASTAIX--HISTORY OF THE GRIPPEE CREER STRIKE 87
ceptable way, and in refusing entirely to employ many of the
men, the evidence is not sa clear.
A month elapsed between* the repart of the commission and
the second strike at Colorado City. No further men were em-
ployed by the Colorado Réduction and Refining Company, so the
situation relative to the réemployaient of the strikers developed
no further. The union was dissatisfied however with the fînd-
ings of the commission, and continued to déclaré that the com-
pany was violating both the spirit and letter of its promises,
and to threaten' another strike. The situation was further dis-
turbed by the controversy over the question of wages. On
May lst. the Telluride and Portland Mills had agreed to the
schedule submitted by the union', increasing the minimum wage
from $1.80 to $2.25, and the continued refusai of Manager Mae-
JSIeill to consider this schedule caused dissatisfaction to his em-
ployées, and also to the managers of the other mills. Manager
Hugh Fullerton of the Telluride posted a notice on July lst.
to the effect that after July 5th wages would be reduced, and
the minimum be $2.00 per day. This notice was removed upon
the çalling of the second strike.
A statement of the conditions cannot be complété without a
word upon the status of eight-hour day législation in* Colorado
at just this time. The state législature in 1899 had passed an
aot limiting the labor day in mines, smelters, and réduction
plants, to eight hours. The law was an almost Verbatim copy
of the eight-hour law of Utah, which had been declared con-
stitutional by the suprême courts of the State of Utah, and of
the United States, but notwithstanding this fact the Colorado
Suprême Court declared it unconstitutional. In 1902 a con-
stitutional amendment was passed by popular vote commanding
the législature to pass an eight-hour act. But when the législa-
ture convened in 1903 a powerful lobby appeared upon* the
scene. Conflicting bills were introduced, and loaded with a
confusion of dispute-provoking amendments. The two houses
other than that they were members of Colorado City Mill and Smeltermen’s Union
No. 125, of the Western Fédération of Miners, shall be reinstated.”
“The same were promptly rejected by Mr. MacNeill, and on' March 31, I de-
clared the strike off, or rather declared an armistice until May 18,	*	*	*	”
See also opinion of some union offlcers, same, pp. 169 and 170.
[87]88
BUIiliETIN OF THE UNIVERSITY OF WISCONSI3ST
cauld not agréé upon a measure, and adjourned in’ April having
aecomplished nothing.
Upon the failure of the eight-hour législation the Western
Fédération of Miners inangurated a vigorous campaign of or-
ganization and strikes among the smelters of the State, to seeure
by force what apparently conld not be gained by the ballot.
The second strike was brewing in Colorado City. The eight-
hour day Iwas not an issue there.5 But the Fédération had de-
cided upon a show of power, a trial of strength that would show
that not with impunity could it be trifled with. The Cripple
Creek District was its stronghold, the place for the most spec-
tacular display, and there can be no question that these things
had a powerful influence upon the executive ofBeers of the Féd-
ération in bringing about the following strikes at Colorado City
and Cripple Creek.
On July 3rd, a second strike was declared upon the Colorado
Réduction and Refining Company at Colorado City. Only
nine men responded to the call.6 Following the former tactics
the men were called out from the mines in the Cripple Creek
District on August 8th. But this time the Fédération did not
stop with the mines winch were fumishing ore to the Colorado
Réduction and Refining Company. The men were called out
from ail the mines of the district, with the exception only of a
few small properties whose ores were being reduced by plants
within the district. Thirty-five hundred men were affected,
working in about 50 different mines.
5	On March 12, 1904, near the close of the strike, the fédération issued a
proclamation of which the following is a part:
“We wish once again to call the public’s attention to the fact that the West-
ern Fédération 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 employées of
said mills.
“This, it is unnecessary to say, they hâve refused to do, thereby compelling
the members of the Western Fédération of Miners to discontinue the réduction
of ore or grossly violate their obligations and abandon their fellow members who
:were fôrmerly employed in the unfair mills.
“While we déploré the necessity which makes us a party to the continued un-
settled conditions which now prevail, being wholly convinced our cause is one
of justice, we hâve no intention of giving up the battle until justice shall prevail
and the same right conceded to mine and mill workers that is demanded by their
employer3.”
6	Spécial Report Ü. S. Commission of Labor, p. 161. They were ail among the
13 men taken back under the Moyer-MacNeill agreement.Deporting Union Men to Kansas Sïate Line.RASTALL--HISTORY OF THE CRIPPLE CREEE STRIEE 89'
The strike was ealled b y the District Council of the Western
Fédération, in exercise of the general power given it months
before the time of the first Colorado City difficulty. The district
council was strongly under the influence of the executive board
of the Fédération ; it was the executive board that f orced the ac-
tion, and loath as the gentlemen composing this board hâve
been to shoulder the responsibility, to them it belongs and to no
others.7
There may be some doubt as to the opposition of the Cripple
Creek miners to the first strike, but there can be none as to their
opposition to the second. Loyally they obeyed the strike order
of their organization and laid down their tools, but the vast
majority, (many hâve put it as high as 90 per cent.) were un-
willing to strike, and bewailed the haste with which they had
voted away the control of their own labor.8
The strike at Cripple Creek was in support of the strike at
7	The folowinjg paragraph from the president’s report in the Officiai Proceefc
ings for 1903, pp. 23-24, shows where the power lay practically.
“At the close of this convention your officers, whoever they may be, should
know whether they hâve the power to conduct the affairs of the organization
between conventions or whether they must obtain the permission of a local union
before they are permitted to act in what they consider the best interests of the
organization. If, in cases of emergency, it is optional with a local union as to
whether they go on strike in support of another local, when in the opinion of
your Executive Board it is for the best interests of the Fédération that they
should discontinue work, then your officers are, indeed, helpless and uncertain’ of
the outcome of any attack which may be made by the enemy. During the past
year some unions hâve questioned the authority of your executive officers to
order a strike without submitting the same to the local involved for a referen-
dum vote. This is a matter of great importance, and in amending your Con-
stitution' you should so define the authority of your officers as to avoid occur-
rences of this nature in the future.”
The convention passed the amendment asked for, giving the Executive Board
power to call strikes (see same, p. 226), but this did not go into effect officially
until later, when it had received the vote of the local unions.
See also footnote 1, p. 81, on calling of first Cripple Creek strike.
8	In this connection see opinions of some of the Cripple Creek union officiais
before the annual convention, June, 1903. Convention Proceedingst pp. 169 and
170. “Brother Seitz doubts if ealled on to corne out that they would respond.”
“W. B. Easterly states that the officers of No. 19 .	.	. are satisfied that
the boys in‘ Cripple Creek will not respond as readily as before.”
“Pollard .	.	. states that No. 19 would corne out if asked, but states that
they are only a small part of the Cripple Creek District for ail that.”
“W. F. Davis states . . . that if ealled out No. 19 will corne out any
time. . .	. He states that Dan Griffis, secretary, of Victor, stated that, if
ealled out, the members of Victor Union No 32, he thoulght, would respond only
to the extent of twenty per cent.
“E. J. Campbell, No. 40, states that MacNeill has contract with mine owners
[89]90
BULLETIN' OF THE UNIVERSITY OF WISCONSIN
Colorado City in which nine men were ont. It tied np the in-
dustry of a wliole section. The Western Fédération of Miners
had never had an' organization in the Colorado City Mills, and
the whole difficulty resnlted from the attempt at organization
there. Snccess had been achieved in two of the working plants,
bnt not in the third. Ostensibly to force into line this third plant,
which was running fnll capacity, 3,500 men were ealled from
the mines. The Cripple Creek miners were to be nsed to club
the mine owners into clnbbing the Standard Mill to the wishes of
the Western Fédération of Miners. Comment on snch an ac-
tion is hardly necessary.* * * * * * * 9
The First Period of the Strike
Quiet prevailed in the Cripple Creek District during the first
three weeks of the strike. Mining operations were almost en-
tirely suspended. The men held frequent meetings, strength-
ening their organization, and thoroughly picketing the district
to prevent any men from going to worb. The Standard Mill was
compelled to shut down on aecount of lack of ore September 2nd,
but announced that one-third pay would be given its employées
for an indefinite period. The Portland Mine was allowed to
résumé operations on August 22nd. Ail of its ores were re-
duced by its own mill at Colorado City, and the management
agreed specifically that no ores should be shipped to “un’fair”
mills. The mine was not unionized but continued on the open
shop principle. The merchants of the district having announced
which will force them to ship to him or stay closed. My opinion is that at this
time the men will not corne out if ealled.”
“C. E. Johnston, No. 106 Millmen’s Union, .	.	. feels that Advisory
Board, after giving decision, should control our actions.”
The Cripple Creek Union asked for a constitutional amendment making ail
législation of the district unions subject to the initiative and referendum, but
it was voted down. See, same, p. 218.
9 The queston as to whether the strike was “sympathetic,” being merely a
question of terms, need not Fe discussed here. The mine owners insisted upon
calling it a sympathetic strike, while the Fédération declared that since the
strike was ail within its own order it was not sympathetic. Whatever be our
terminology the vital point remains that the strike at Cripple Creek was ealled
for the sole officially announced purpose of forcing the United States Réduction
and Refining Company to close its Works through lack of ore.
[90]BASTAEL----HISTORY OF THE CRIPPLE CREEK STRIKE 91
that they would allow no further crédit during the strike, the
unions organized cooperative stores in Cripple Creek, Victor,
and Anaconda. Goods were sold to the miners from these stores
at cost, for cash, or upon orders from the union. The treasury
of the fédération was well supplied, and no hardship was ex-
perienced.10
Late in August the Colorado City Union ealled a strike upon
the Telluride Mill, which earlier in the year had granted ail the
demands of the union, including the increased schedule of wages.
Walter Keene, the head preeipitator, considered one of the best
men in the employ of the company, had remained non-union
and refused ail invitations to join the organization. He was
wamed to leave. When' he entered the mill on the 25th, he was
met by a crowd of men, jostled, threatened, and finally struck on
the head with a dinner pail. Thoroughly frightened he went
to the office and resigned. Manager Fullerton discharged two
of the men for participation in the assault, and stated his posi-
tion with vigor in a letter to the union.* 11 The union officiais
demanded the reinstatement of the discharged men, and upon
being refused ealled a strike at the mill.
The unfairness of the strike at Cripple Creek was felt keenly
by the owners of the mines. There were no grievances to adjust,
10	During the period the Mine Owners’ Association was made a formai organ-
ization, and elected its first set of officers. The Citizens Alliances of the dis-
trict were also formed at this time, and began to exert their influence as allies
of the Association. For a general history of these organizations see Chapter VI.
11	Spécial Report, Commissioner of Labor, p. 165 :
‘‘Mill and Smelter Men’s Union No. 125, Colorado City.”
“Gentlemen :—When our company informed you that it was not our intention
to discriminate against union men, when hiring our force of workmen, we un-
derstood that your union was not to discriminate. One of our best men, Mr.
Keene, has just resigned from our employment because of actual bodily violence,
and because of threats on his life made by a mob of your union in our employ-
ment.
“Our company will not stand for any such System of dictation by any union,
as to whom we may or may not keep in our employment, and we give you notice
that Mr. Keene did not resign with our consent; that we are well satisfied
with him in ail respects, and that had he been willinig to remain in our employ-
ment we should hâve stood back of him in ail events ; and that if any such Sys-
tem of dictation is again attempted by your union our company will discover
which of our employés belong to your union, and will at once discharige every
union man, for the sole reason that he is a union man, and that thereafter we
will conduct our mill as a non-union mill.
“H. W. Fullerton,
“General Manager.”
[91]92
BULLETIN OF THE UNIVERSITY OF WISCONSIN
nor any apparent method of settlement unless they were to join
hjands with the organization that had acted so arbitrarily
against them, and eating humble pie, seek to force the Colorado
City Mills to share it with them. They determined to exert
their strength to the limit to break the strike, and to break it
without compromise. On August 13th, they issued a state-
ment which reviewed the satisfactory conditions at the time of
the strike, and the unwillingness of the men to participate in
it. The strike was characterized as most arbitrary and unjusti-
fiable, and they announced their intention to open their mines
and operate them in future in absolute independence of the
Western Fédération of Miners.12 It was decided to combine
upon the opening of single mines, and the El Paso was chosen
for the flrst. The shaft house was surrounded by a stockade,
and a board fence ten feet high, and 17 armed guards placed
upon the property. The mine was opened August 18th, with
about 75 men.
A sériés of events on Sept, lst, ended the period of good
order and immediately precipitated a crisis. The Golden Cycle
Mine was preparing to start up, following the El Paso, and was
being surrounded by a board fence. When the carpenters
came to work they were held up with a gun by a union picket,
but were later allowed to pass. Ed Minster was arrested for
the offence and lodged in jail. In the aftemoon John T. Hawk-
12 “A general strike lias been called on the mines of the Cripple Creek district
by the executive heads of the Western Fédération of Miners. At the time this
strike was called, and in fact ever since the settlement of the labor difficultés
of 1894, the most entire harmony and good will has prevailed between the em-
ployer and employed in this district. Wages and hours of labor hâve been
satisfactory and according to union standards, and generall labor conditions
hâve been ail that could be wished.
“Notwithstandinlg ail this, the heads of the Western Fédération hâve seen
fit to compel the cessation of ail labor in the district, not because of any griev-
ance of their own against the Cripple Creek operators, but for reasons entirely
beyond our control. No more arbitrary and unjustifiable action mars the an-
nal’s of organized lagor, and we denounce it as an outrage against both the
employers and employed.
“The fact that there are no grievances to adjust and no unsatisfactory condi-,
tion to remedy leaves the operators but one alternative, and that alternative
they propose to adopt fearlessly. As fast as new men can be secured, our
mining operations will be resumed under former conditions, preference being
given to former employées, and ail men applying for work wïll be protected to
the last degree.”
[92]BASTAXL---HISTORY OF THE CRIPPLE CREER STRIKE 93
ins, a justice of the peace, was assaulted upon the main strefet
of Altman, knocked down and badly eut upon the head. He
had discharged one of the El Paso deputies the day before on
the charge of carrying concealed weapons, and fined another
one $25.00 and costs. On the same night Thomas M. Stewart,
an old man, who had gone to work as a carpenter upon the
Golden Cycle, was taken from his home by five masked men,
cruelly beaten, shot in the back, and left for dead. He managed
to crawl to the electric road, and was taken to the Victor Hos-
pital, where he finally recovered.13
These outrages stirred the district deeply, and the feeling
was intensifiedthe folloiwing day by the release of Minster.
The district attorney had been delayed in filing the information
against him. Undersheriff Gaughan,14 a fédération member of
the most extreme type, had been’ notified that the information
was being prepared, but took advantage of the technicality to
set Minster at liberty. The mine owners had already begun
to demand troops on account of the assaults of the day before,
and they were now able to back their demands with the déclara-
tion that the county authorities were not trying to give them
protection.
The Militia in the District
Sheriff Robertson was asked to call for troops, but refused,
saying he could and would control the situation.15 He agreed how-
ever to appoint deputies of the mine owners’ choosing and did so
in* sufficient numberto station from three to five men at every
mine. Telegrams were sent by a number of the mine owners
to the governor, and a lengthy message was sent by the mine
owners in common, which declared a reign of terror to be im-
minent, and the sheriff’s office unable to handle the situation’,
18 On Sept. 2nd the Mine Owners Association offered a reward of $300 for
information leading to the arrest and conviction of the person who had as-
saulted Justice Hawkins and $1,000 for those who had assaulted and shot
Thomas M. Stewart. The Golden Cycle Mining Co. offered an additional re-
ward of $500 for the arrest of Stewart’s assailants.
14	Undersheriff Gaughan was a memher of the législature at the time El Paso
County was divided. He was appointed assessor by the governor, but was de-
feated for nomination in the convention the following fall. He then opened a
saloon, where he presided up to the time of his appointment as undersheriff.
15	Sheriff Robertson was a member of the Western Fédération of Miners.
[93]94
BULLETIN OF THE UNIVERSITY OF WISCONSIN
and demanded state protection. May or French. of Victor also
sent messages asking for troops.16
Next day Govemor Peabody appointed a commission com-
posed of Brigadier General John Chase,17 Attorney General A.
C. Miller, and Lieutenant T. E. McClelland,18 to investigate
conditions. The commission left at once for the district. On
the same evening the govemor and General Bell held a confér-
ence with President Colbum and Treasurer Bainbridge of the
Mine Owners’ Association. As the resuit of the conférence the
govemor agreed to call out the troops, but insisted that the mine
owners should provide funds for the expenses of the campaign,
aecepting state certificates of indebtedness payable in four
years'.19 The commission arrived at Victor at about nine o’clock
at night, and held a conférence with Mayor French, and others.
It then proceeded to Cripple Creek, where it met members of
the Citizens Alliance and Mine Owners’ Association, SherifE
Robertson, and Mayor Shockey. Mayor Shockey refused to
sign a request for troops, and Sheriff! Robertson insisted that
he had the situation 'well in hand, and that there was no need
for troops. The commission left on a spécial at four o’clock
in the moming, having been in the district less than eight
hours, and from Colorado Springs telegraphed their opinion
of the urgency of the situation.20 The govemor a few hours
later issued an order calling out the troops.*
16	Mayor Frencli was manager of the C. C. C. Sampler.
17	General Chase was later prominent in the fraction between’ the military and
civil authorities, and was an important factor in ail the mïlitary activity.
18	Lieutenant, later Major, McClelland also became a prominent figure in the
militia movements. He is the man who when accused of having violated the
constitution replied, “To hell with the constitution ! We aren’t going by the
constitution.” He is now (1905) county attorney of Teller County.
19	Spécial Report, Commissioner of Labor, U. S. A., p. 175.
20	Peabody, State Capitol, Denver, Colo.
Hâve visited Cripple Creek and Victor, and after careful inquiry among
représentative citizens and property owners, including mayors of Cripple Creek
and Victor, we are of the opinion that the lives of the citizens of the district
are in imminent danger and property and Personal rights are in jeopardy.
Prompt action is imperatively demanded by the above people to protect the
lives and property of the citizens. We find that a reign of terror existe in the
district. We do not believe that the civil authorities are able to cope with
the situation.	(Signed by the three commissioners).
* EXECUTIVE ORDER.
“Ordered : It having been made to appear to me by reputable citizens of the
county, by the constituted civil offlcers and by the honorable commission
[94]EASTALL--HISTOEY OF THE CEIPPDE CEEEK STEIKE 95
There has been considérable différence of opinion as to tbe
necessity for sending troops to the district at this time. The only
call forthem had been by the mine owners or those closely con-
nected with them, and the local authorities were practieally a
unit in denouncing the act as an outrage. It must not be for-
gotten in this connection how thoroughly the police officers of
the county were in sympathy with the unions, but from two of
the most unprejudiced and non-partisan sources, the Mayor
of Cripple Creek, and the Board of County Commissioners,
there came from the former a refusai to call for troops, and
from the latter a protest of no uncertain sound.21 There had
appointe^ by me to investigate tbe matter, tbat an insurrection is threatened
in the county of Teller, in the State of Colorado, and that there is a tumult
threatened and imminent, and that a body of men are acting together, by force,
with attempt to commit félonies, and to offer violence, to break and resist
the laws of this State, and that a number of persons are in open and active
opposition to the execution of the laws of this State in said county, and that
the civil authorities are wholly unable to cope with the situation :
“I, therefore, direct you, in pursuance of the power and authority vested
in me by the Constitution and laws of the State of Colorado, to direct the brig-
adier general commandinlg the national guard of the State of Colorado, to
forthwith order out the First régiment of infantry, together with Company
H of the Second infantry, Colonel Edward Yerdeckberg commanding, together
with the First squadron of cavalry, consisting of Troops B, D, and C, atso
Battery A, and the signal corps and the medical corps of the State, and to
prevent said threatened insurrection ; and he will protect ail persons and
property in said county of Teller from unlawful interférence, and will see that
threats, assaults and ail sorts of violence cease at once, and that public
peace and good order be preserved upon ail occasions, to the end that the
authority and dignity of this State be maintained and her power to suppress
lawlessness within her borders be asserted.
“Witness my hand and the executive seal, at Denver, this fourth day of Sep-
tember, A. D. 1903.	James H. Peabody.
“To Sherman M. Bell, Adjutant General of the State of Colorado.”
21 “Whereas, The board of county commissioners of Teller County hâve been
advised that the governor of the State of Colorado has sent the militia to this
county for the pretended purpose of suppressing a riot that does not now, and
never did exist, and to protect property and individual residents of the county
that are not in danger ; and
“Whereas, It has been falsely reported throughout the State that property and
life were in danger in Teller County.
“Now, therefore, The board of county commissioners of Teller County do pro-
test—■
“First. That property and individuals are as safe in this county as elsewhere
in the state.
“Second. That the sheriff of Teller County is perfectly able to handle the
situation here, and has been authorized by the board to employ any and al'l
deputies necessary to protect life and property, which, in the opinion of the
board, he is doing.
“Third. That there has been no unusual assembly of men and no more violence
[95]96
BULLETIN 03? THE UNIVERSITY OF WISCONSIN
been no riot in ithe district, nor any such condition of general
lawlessness or disorder as is usually considered neeessary for
the calling out of troops. There had been individual assaults,
however, and unquestionably the owners were being thwarted
in the effort to open their mines by the fear upon the part of
the men of physical violence. No one who knew the history
of the Western Fédération of Miners but would expect violence
to aecompany the opening of the mines, and in this doubtless
lies the real reason for the presence of troops. They were
called out to proteet the owners in opening their mines, and to
relieve the fears of the men who hesitated to retum to work.
Pursuant to instructions Adjutant General Sherman M. Bell
issued orders to the first régiment, and other companies of in-
fantry, cavalry, and artillery of the Colorado National Guard,
to proceed to the Cripple Creek District.22 On Sept. 4th, they
arrived, in number about 700, and went into permanent quar-
ters at Camp Goldfield, among the largest mining properties
of the district, near the town of Goldfield.28 Subsidiary camps
than at other times. That the parties guilty of the late assaults will be ap-
prehended by the civil authorities and prosecuted. The State troops can in no
way aid in apprehending these parties.
“Fourth. That the citizens of the county are law-àbiding and are doing ali
in their power to avoid trouble.
“Fi]th. That the governor of this State, without cause therefor, has sent the
militia to this county, and by so doing engenders ill feeling, prolongs the strike,
and does a great injury to the Cripple Creek mining district.
“giœth. It is the judgment of the board of county commissioners that the
commission sent by Governor Peabody to this county to investigate the strike
situation was not sent for an honest purpose, but as a cloak, to cause the people
of the State of Colorado to believe that the law officers of Teüler County were
unable to handle the strike situation.
“This statement is made because the commission sent by the governor did not
make an honest investigation of the situation. The commission reached here at
9:30 p. m. Thursday and left at 4 o’clock Friday morning, remaining in camp
less than eight hours.”
Unanimous resolution September fourth.
22 The principal officers were as follows :
Adjutant General Sherman M. Bell, in command.
Brigadier General John Chase, acting in conjunction with General Bell.
Colonel Edward Verdeckberg, commanding First Brigade, District Commander.
Colonel Léo W. Kennedy, commandinig First Régiment Infantry.
Colonel Lewis Barnum, commanding Second Régiment Infantry.
Major H. A. Naylor, Ordinance, Field and Staff' Officer.
Major Tom E. McClelland, Judge Advocate and Provost Marshal.
Brigadier General Frank M. Reardon (Retired).
28 Adjutant GeneraVs Report, pp. 128, 129, 130.
[96]RASTAHL--HISTORY OF THE CRIPPEE CREEK STRIEE 97
were located at Camp Bull Hill near Altman, Camp El Paso near
the El Paso Mine, Camp Golden Cycle in the town of Gold-
field, Camp Elkton in the town of Elkton, and Camp Cripple
Creek in Cripple Creek. Additional troops continued to ar-
rive, until by Sept. 30th their number reached over one thou-
sand.24 Guards were placed at ail the large mines, and in ail
the towns and cities of the district, and sentinels were placed
upon the public highways.
The signal corps proceeded to put into operation a most com-
plété system of communications. At headquarters, lines of the
Western Union and Postal Telegraph Companies, and of the
Colorado Téléphoné Company, gave direct connections with
points outside the district. The Colorado Téléphoné Company
provided local service throughout the district, with a spécial
Switchboard, and in addition an entirely independent System
was established directly connecting the military camps and
departments. Signal stations were located on the tops of the
principal hills, and kept in constant operation, and a search-
light moved from one vantage point to another flashed over the
district by night. A more complété system would hardly hâve
been established had an actual military campaign been in pro-
gressé5
On Sept. lOth the military authorities began a sériés of al-
most daily arrests 'of union offieers and men known to be
strongly in sympathy with the unions. The old wooden jail
at Goldfield was surrounded with a high stockade, and used as
a military prison, and became commonly known as the “bull
pen”. Here the men were confined for varying periods, with-
out trial or preferment of charges, and discharged with threats
of rearrest if they failed to conduct themselves in future accord-
ing to the wishes of the military. Sept. lOth Chas. Campbell,
H. H. McKinney, and three other men, were arrested. Next
day James Lafferty, one of the union leaders, was added to the
number. At midnight on the 12th a squad of soldiers entered
* Infantry 600, Cavalry 250, Artillery 75, Signal and Medical Corps 80 ; total,
1,005. Bweau, of Labor Statistics Report, 1903-4, p. 81; Biennial Report of
Adjutant General, p. 130.
25 Report of the Signal Offieers in Biennial Report of Adjutcmt General, p. 195.
7	[97]98	BULLETIN OF THE TJNIVERSITY OF WISCONSIN
the home of Sherman Parker, Secretary of the Altman Union,
searched the house, and forced Parker to dress and accompany
them to the jail. On the 13th a squad of 20 men stationed them-
selves at the Victor Union Hall and made a search for W. B.
Easterly, President of the Altman Union, but failed to find him.
Numbers of other officers and influential members of the unions
were put under détention throughout the month.26
But the militia did not stop with the arrest of union leaders.
On the 14th W. C. Reilley, a justice of the peace of Independ-
ence, was arrested and thrown into the “bull pen’.”27 No
charges were made against him, but it was understood that he
had shown himself too friendly to the unions. Joe Lynch, City
Marshal of Independence, was arrested and told that he had
been taiking too much. The chairman of the Board of County
Commission ers; P. J. Lynch, was arrested by a file of 22 men and
taken to headquarters. He was accused by General Chase of
making remarks derogatory to the militia, and of advising the
men not to retum to work, and was then released, with the threat
that he would be rearrested and kept if he did not change his
attitude.28
Sept. 29th the militia arrested the working force of the Vic-
tor Record. The Record was the moming paper, and the local
organ of the Fédération. It was not inflammatory in its tone,
but had published the official statements of the unions, and
freely criticised the acts of the militia. A detail of 45 men
marched to the office in the early evening, arrested the editor,
George E. Kyner, and the four employées found there, and
26Nine cases were later filed in the district court by the fédération charging
John Chase, Sherman M. Bell, and Thomas E. McClelland with violating the
constitutional rilghts of its members. The trials were held before Judge Rob-
ert E. Lewis, who held that inasmuch as the défendants were members of the
State militia upon active duty they had the right to arrest persons, and that
the length of time in the trial case was not an unusual length of time for con-
fining persons without filing a complaint against them. He accordingly in-
structed the jury to bring in a verdict for the défendants.
Report of Judge Advocate in Biennial Report, Adjutant General, p. 191.
27	Justice Reilley was an unsuccessful lawyer of thé pettifolgger type, a heavy
drinker, and at times before elected justice of the peace, made his living by
manual labor.
28	Mr. Lynch was the one member of the board of county commissioners who
was a member of the Western Fédération. He was strongly in sympathy with
the unions.
[98]Deported Men Being Driven Across the New Mexico State Line. Antonito Mountain in the
Distance.RASTALL--HISTORY OF THE CRIPPLE CREER STRIEE 95
took them to the “bull pen.’’ The business manager and the
press man arrived soon after the arrests had been made. Mrs.
LangdQn,29 a linotype operator, having heard the news, came
with ail haste to the office. The doors were barred and ad-
mittance refused to a new squad of soldiers, and working with
might and main this remnant of the force put out the issue at
the regular time in the moming. At the head of the first page
appeared the legend: “Somewhat disfigured but still in the
ring.5 ’ Mlrs. Langdon then went up to see her husband, who
was one of the employées arrested, and being refused admit-
tance presented the guards with scarcely dried copies of the
moming édition. The Record force was kept imprisoned for 24
hours, and then, under orders from Governor Peabody, was
tumed over to the civil authorities charged with criminal îibel.
Whatever différence of opinion there may hâve been as to the
need for troops, there could be none as to the effect of their
aotivity once upon the scene. The fact that the campaign ex-
penses were being borne temporarily by the mine owners could
not but hâve its effect.30 The military leaders were from the
first in the closest sympathy with the mine owners, and the
efforts of the troops were devoted not so much to the simple
préservation of order, as to the crushing of the activity of the
unions. General Bell expressed himself very simply on this
point: “I came,7* he said, “to do up this damned anarchistie
fédération. ”31
29 Mrs. Emma F. Langdon is the author of a book on the strike situation,
Tl}e Cripple Greek Strike, which lias been adopted by the Western Fédération
of Miners as the official statement of its side of the case.
30The Army and Navy Journal makes a terse comment on this action:
“But that he (the Governor) should yirtually borrow money from the mine
owners to maintain the troops he had assigned to guard their property, was a
serious reflection upon the authorities of the State. The arrangement virtually
placed the troops for the time being in the relation of hired men to the mine
operators and morally suspended their function of state military guardians of
the public peace. It was a rank perversion of the whole theory and purpose
of the National Guard, and more likely to incite disorder than prevent it.”
81 General Bell gives his idea of the extent of his powers in the conclusions
of his report to the governor, Biennial Report, Adjutant General, p. 20.
CONCLUSION.
“In concluding the report, I am not unmlindful of the fact that during the
critical times during the different military campaigns, when in a moment’s no-
tice, and without hésitation or a second’s delay, it became necessary to act
[99]100	BULLETIN OE THE UNIVERSITY OE WISCONSIN
Civil and Military Âuthority
The general quartering of troops throughont the district,
their spectacular activity, and especially snch events as the ar-
rests of publie officiais, newspaper men, etc., caused mueh ex-
citement, and at times aroused strong public indignation. Hot-
heads were not lacking with ail sorts of suggestions for retal-
iation. The sheriff’s office was besieged with demands that he
should form a posse, and take the prisoners out of the “bull
pen” by force, and had the sheriff been a stronger man seri-
ous trouble might hâve been precipitated. The county com-
missioners showed their cool headedness by calling in as expert
counsel Ex-Govemor Thomas, and United States Senator Pat-
terson, both attorneys of large expérience.32 These men argued
and advised, and explained between the various parties, and
wielded an important influence in keeping the situation from
the breaking point.
T]ie friction between the civil and military authorities found
its way into the courts. Friends of Chas. Campbell, H. H. Mc-
Kinney, Sherman Parker, and James Lafferty made applica-
tion in the district court for writs of habeas corpus, and Judge
Seeds issued writs retumable on Sept. 18th. Upon the date
set counsel appeared for the militia officers and moved to quash
the return. The court set the hearing of the motion for Sept.
21st. Lieutenant McClelland appeared on the morning of the
21st, and asked permission to file an amended return. This
Judge Seeds permitted but declared that it was impérative that
the prisoners should be produced in court. The militia officers
answered in a significant way. Ninety cavalrymen rode to the
court house and surrounded it ; the. court was cleared, and only
court officers and members of the bar permitted to pass in. Ai
qulckly ; the point of law is that, when, in a Constitution or a statute, the
powers of a military commander are defined or decided upon as a military neces-
sity, the définition is exclusive. The définition of “Military Necèssity” is very
respectfully submitted, viz. :
“Military necessity recognizes no laws, either civil or social.’'
S'ee also Ray Stannard Baker in HcClure’s Magazine, March, 1904.
82 Both are prominent Democrats, and stand among the leaders of the party
in Colorado.
[100]RASTALL--HISTORY OR THE CRIPPLE CREEE STRIEE 101
company of infantry escorted the prisoners to the court house,
and fourteen men with loaded guns and fixed bayonets entered
the court room witb tbem. Next day the prisoners did not ap-
pear at ail, though the court issued two orders for them. On
the 23d, the court house was again suurounded by a large
body of infantry and cavalry ; a gatling gun was placed in the
Street in front; and a detail of sharpshooters oecupied the roof
of the National Hôtel across the way. Under a guard of 35
soldiers the prisoners were then allowed to appear. The same
proceedings were repeated on the 24th.
fJudge 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 présent in the district; examined
at length the habeas corpus law; and cited the constitution of
Colorado which déclarés that the militia shall always be in
strict subordination to the civil power.83 He admitted that the
military commanders had the right to make arrests, but de-
dared that the persons arrested must be turaed over immediate-
ly 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 télégraphie
orders from Govemor 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.
The presence of the National Guard had the desired effeet
83 Constitution of Colorado.
Article II.
Wbit of Habeas Corpus :
Section 21. That the privilège of the writ of habeas corpus shall never be
suspended, unless when in case of rébellion 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
wîthout 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.”
[101]102
BULLETIN OF THE UNIVERSITY OF WISCONSIN
in facilitating the opening of the mines. Within a week after
thé arrivai of troops the Findlay, Strong, Elkton, Tornado,
Thompson, Ajax, Shurtlofï, and Golden Cycle had started up
with small compléments of men. On Sept. 17th, seventy strike
breakers arrived nnder military guard, and next day three car-
loads more came into camp. Nnmbers of fédération members,
out of sympathy with the strike and the organization, and as-
sured of protection, retnrned to work. The mine owners issued
an estimate on October lOth, 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
îwho wonld take work at Cripple Creek. They were not always
careful to say that there was a strike in progress in the dis-
trict, and the men were often unaware of the conditions nntil
their arrivai, when they were practicaily forced to go to work.
On Sept. 19th, a number of new arrivais were being escorted
to the Independence Mine by a company in charge of Lieuten-
ant Hartung, when one of the number broke away and called
to his fellows not to go to work but to follow him. The lieu-
tenant tried to arrest the man, and upon his continuing to run
fired at him. A warrant was issued for Lieutenant Hartung,
but the military officers would not allow it to be served.34
84 The warrant was sworn out upon affidavit made before Notary Abby C.
Coldwell by Emil Peterson, the man shot at, and his companion Cari 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 gofld mines. I was to get from $3 to $5 per day to flre 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-flve men were shipped from Du-
luth. 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 18.
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 ; ail m’en 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
[103]RASTAX.I/-—HISTORY OF THE CRIFPIÆ CREEE STRIEE 103
The mimber of troops in the district was gradually reduced dur-
ing Octoher and November, the reports of the Adjutant show-
ing 498 men on duty November 30th.35
officer said ; ‘Corne on boys, go to work.’ I said out loud In Spanish, ‘Dou’t
go to work/ I started to run and he flred at me with a pistol. I ran zig-
zag to avoid the bullet. He flred 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 on
any civil process while :going to, remaining at, or returning from any place
at which he may be required to attend to military duties.
35 For full accounts of the numbers and distribution of the men durimg the
whole period o£ operations, see Ad jutant’s Report in Biennial Report of Ad ju-
tant General, 1903-4, pp. 127-140.
[103]104
BULLETIN OF THE UNIVERSITY OF WISCONSIN
CHAPTER IV
TELLER COUNTY UNDER MILITARY RIJLE
Attempted Train Wrecking and Vindicator Explosion
An apparent attempt was made to wreck a Florence and
Cripple Creek passenger train on the night of Noy. 14th.
Spikes and fish plate bolts were removed from the rails, but the
track not entirely separated, and the train 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 project-
ing hillside at this place, and a train leaving the rails would roll
300 feet down a précipitions 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
wamed and passed in safety.1
Next moming détectives Scott and Sterling2 came to the office
of «Tudge 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
iwere 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 he arrested.
Referring to a report that the attempts had been made by union men, he said:
“We hâve 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.
2	D. C. Scott was the détective for the Midland Terminal. K. C. Sterling
was a spécial détective in the employ of the Mine Owners’ Association.
[104]RASTALL--HISTORY OF THE CRIPPDE CREEE STRIEE 105
fence. They were afterward tumed over to the civil authori-
ties.
While in jail McKinney made a written confession to détec-
tives Scott and Sterling, in winch he implicated Thomas Foster
as participant, and Sherman Parker and W. F. Davis as ac-
cessories.* * 3 Later he made another written confession to Frank
lJ. Hangs, the Cripple Creek attorney for the Fédération, in
which he denied the statements in the first confession, saying
that it had been brought to him already prepared and signed
nnder promise of $1000.00, and immnnity from pnnishment,
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 mnrder, and came to trial in the District Court in Feb-
ruary 1904.4 The prosecution rested its case largely npon 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 at-
tempts. 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 Fédération as a spy for the Mine Owners ’ As-
sociation, and while apparently aiding McKinney had been keep-
ing Détective Sterling posted as to the course of events. Dé-
tectives Scott and Sterling swore that they received tips from
Beckman, and had watched the men make the attempt, and
•The three were prominent union men. Sherman Parker was president of the
district union. W. F. Davis was president of Altman union.
4 District Court Records, No. 752.
People vs. Sherman Parker et al.
3 Mills Annotated Statutes. Sec. 1421 A.
[105]106
BULLETIN OF THE UNIVERSITY OF WISCONSIN
that when they came up close to recognize McKinney the men
had run away.
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 M'cKinney
into a perjured confession which should convict union officers
and throw the union into disrepute.5 McKinney on cross ex-
amination 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 privilèges 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 hâve been
Sterling. He denied that the détectives 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 P. & C. C.
tracts upon the night of Nov. 16th going to his home, and to
hâve corne upon two men tampering with the rails. They ran
away, but he got close enough to hâve a good look at them, and
identified them upon1 the stand as Scott and Sterling. En-
gineer Rush of the F. & C. O. Ry. testified that Détective 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 P. & C. C. Ry.
testified that on the moming after the attempt he Kvent 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 rail-
road. 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 de-
claring Teller County in a state of rébellion. S'ee Governor’s proclamation,
Dec. 4th.
[106]RASTALL--HISTORY OF THE CRIPPLE CREEE STRIEE 107
thing about the footprints. He measured one of the tracks
above the railroad carefully, and said Scott told him it was
bis. There were the tracks of two men only on the hili at this
point. A number of witnesses testified that Beckman’ had tried
ifco 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 hâve been wrecked had the attempt been sueeessful.* 6
District Judge Lewis of Colorado Springs presided at the
trial, and the jury was selected from a spécial 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.
McKinney on the witness stand had testified as follows:
“Q. Mr. McKinney, as I understand you, you agreed to
Hvreck a railroad train for $500, is that correct? A. I believe
so, yes. Q. And you were going to share that with your part-
ners in crime, is that correct? A. I suppose so. Q. So that
for $250 you were willing to plunge the soûls of men into etem-
ity in that way by wrecking the train ; you were iwilling 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 per jure other
men to their death. Judge Lewis after the trial refused to ad-
mit him to bail. Several weeks later his case was nolled on
the ground of his having turned state’s evidence and his com-
panions in the crime having been set free.8 He was then
«The digest of testimony given' here was made from the mannscripts of
the court stenographers.
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. E. Robinson,
E. 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 ali of his connection with a crime for the in-
formaton of the State, thus leadng to the détection of others, the implied faith
[107]108
BULLETIN OF THE UNIVERSITY OF WISCONSIN
arrested charged with perjury,9 but released on bond fumisbed
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 Yindicator Mine, were de-
scending the shaft, an explosion ocourred 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 pièces of copper wire were found it was
generally supposed to hâve been the resuit of deliberate intent.
The Mine Owners’ Association accused the Western Fédération
of Mïners 'with causing the explosion, and offered a reward of
$5,000 for evidenee leading to the conviction of tlW^perpetrator,
but no such evidenee 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 hâve been en-
tered through one of these, but careful search failed to reveal
any evidenee of such action. Sheriff Robertson, Deputy Dis-
trict Attorney Cole, and employées of the mine, made a care-
ful 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
A State of Insurrection and Rébellion
Govemor Peabody held conférences during the latter part
of November with officiais and prominent members of the
of the government, although not expressed, is given to him that he shall not
suffer in conséquence thereof. Such doctrine is cited from various authorities
by the district attorney.
®On information by Frank J. Hangs one of the fédération attorneys.
Following the déportations of June, (See chapter V.) the case was dism'issed
by the request of Mr. Hangs, who stated that his witnesses had been forced
to leave the district.
10 The following is the coroner’s verdict, after a careful examinaton of
ail the evidenee available:
“From examination made at the mine and the evidenee introduced, this
jury is unable to détermine the exact cause of said explosion.
(Signed.) “John Kbtehlshn,
“Foreman.”
[108]RASTALL---HISTORY OF THE CRIPPLE CREER STRIEE 109
Cripple Creek Citizens Alliance, and the Mine Ownersi’ Associa-
tion, and on Dec. 4th issued a proclamation declaring Teller
Connty to be in a state of insurrection and rébellion. The pro-
clamation recited the attempts at train wrecking, and the Vindi-
cator mine explosion; declared a state of general lawlessness
to exist in the connty, 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, govemor of the State of Colorado, by virtue of the
authority in me vested, do hereby proclaim and déclaré the
said C'ounty of Teller, in the State of Colorado, to be in a
state of insurrection and rébellion.”11 Major H. A. Naylor,
protected by a detail of 50 cavalrymen, read the proclamation
on the streets of Victor, Goldfield, Independenee, and Altman.
The people assembled to hear their state of rébellion declared,
and then retumed 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 suceessfully 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 difflculties. 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. Ail
were later acquitted by the courts, or their cases nolled.
Judge Seeds in a card to the public Dec. 4th, said in part:
“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 ail 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 commis-
sion of any offense or the violation of any public law on the part of the in-
dividual detained. In ail other cases where either affidavit or information
has been filed against such individual for the commission af any offense, lie
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 ail tlmes.
Judge Cunningham, a Democrat, had a wide réputation among ail parties for
conservative judgment, and for intolérance for crime committed under any cir-
cumstances whatsoever.
[109]110
BULLETIN OE THE UNIVEKSITY OE WISCONSIN
order prevailed throughout the district. The déclaration is
most surprising nnder such circumstances. Govemor Peabody
explained in interviews that his only intention had been to es-
tablish a limited martial law to enable the militia to hold men
who had been released by the civil courts “on flimsy or what-
ever pretexts.”12
But the military authorities did not interpret their power to
lie within any such narroW limits. General Bell issued a state-
ment on December 5th, of which paragraphs are quoted.
“The County of Teller, in conséquence of the occupation of
the militia, is subject to the suprême military authority and
control when neeessity 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 domestie administration and govemment 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 neeessity requires this suspension, substitu-
tion or dictation.
“The militia may proclaim that the administration of ail civil
and penal law shall continue either wholly or in part as in
times of peace, unless otherwise ordered by the military author-
ities.
“As martial law is executed by military force it is ineumbent
upon those who administer it to be strictly guided by the prin-
ciples of justice, honor, and humanity—virtues adoming a
soldier even more than other men.”
Lieutenant Libby, adjutant of the district, proclaimed Teller
County to be “in possession of the military forces of the State
12 From interview published! generally in Colorado papers Dec. 6th.
“There bas been no provost-marshall appointed, nor will there be any.
The same holds igood with the provost court, about which I hâve read. The
civil courts will continue as they hâve 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 hâve 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.”
[110]RASTAEL---HISTORY OF THE CRIPPEE CREEK STRIKE 111
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 ; ail persons were wamed
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 govem-
ment of the State of Colorado or “upon the action or actions
of the military forces of the State of Colorado” would be per-
mitted.13
Having made their proclamations the militia officers pro-
ceeded to act. Military camps were formed in the yarious
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 min ers unions were to be barred. The éditorial already
prepared for the next morning was ordered stricken out, and
the paper appeared with the space blank and black margined.14
13	Extract from proclamation :
Ail 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 shaïl he 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 ail articles of news or éditorial comment or correspondence, making com-
ment upon the action or actions of the military forces of the State of Colo-
rado or of the organization above referred to will not be tolerated.
Ail assemblages of people in the streets, either by day or by night tend to
disorder, and are forbidden.
The proclamations, cards, and orders of this time are to be found in full
in the Spécial Report of the Labor Commissioner, Senate Document No. 122,
58th Congress, 3rd Session, p. 207 and following.
For the Official Military Orders see Report of Adjutant General for 1903-4,
p. 113 and following.
14	The suppressed éditorial is here given in full.
“Martial law has been declared in Teller County. The proclamation was is-
sued at noon yesterday by Colorado’s governor. The reasons given by the
[in]112
BULLETIN OE THE TJNIVERSITY OF WISCONSIN
Arms were received in considérable numbers, sonie registered
and retumed, some kept.15 It became apparent immediately
governor are principally that the court and officiais in this county hâve not
and will not enforce the law. Those are the reasons given hy Peahody for
publication, hut the Record, believes that the real reason is that the troops,
under their past course, hâve failed to break the strike, at least, in a man-
ner 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 labor1 leader and every man who cannot give à good ex-
cuse for not being at work will be arrested and conflned 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 hâve been no martial law here,
and the Record believes that this statement is right. The proposition is to
drive ail the people out of this county who are not in* accord with the présent
State administration. If you will note the arrests that will follow this proc-
lamation of Governor Peabody you will find that that statement will be vcri-
fied. Men in the past and since the strike begun hâve been arrested, it is our
belief, because some enemy of theirs was near enough to the powers to hâve
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 ail that a judge could do and has given the mine
owners ail 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
conflned 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 mal!-
cious, why didn’t they capture the men or, if they hâve the right man, what
is the necessity of declaring martial law? If they hâve 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 1 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 wan.t to do justice to every-
body and propose to do that to the best of our ability. We realize that Pea-
body 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.”
15 GENERAL ORDERS
No. 1.
For the information of those concerned, the following paragraph, an extract
from proclamation, dated these headquarters, December 5, 1903, is referred to:
“Ail 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 conflned in niilitary
prison and further punished as occasion may require.”
And the following instructions are promulgated:
“That ail persons, who by virtue of holding warrant as a police offîcer,
[lia]RASTALL---HISTORY OF THE CRIPPLE CREEE STRIEE H3
that the intention was to disarm only members of the unions
or tbeir friends*. The Fédération officers issned a circular de-
claring that the eonstitutional right to bear arms eonld not be
questioned, and advising the men not to give them up.16 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 im-
mediately ordered his arrest. A. military detail went to the
office and finding it locked started to tie the door with the in-
tention 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 watch-
men over property, may be granted permit to carry arms, ammunition and equip-
ments in tbe discharge of their lawful duty, by the Military District Com-
mander npon présentation of credentials acceptable to him and upon the de-
livery of snch arms, ammnnition and equipments for registration at a place
désignated, which is, unti'l further orders, at his headquarters at Camp Gold-
field, Victor, Colorado.
“Any person or persons selling, loaning or in any way distributing any arms,
ammunition or equipments shall, before the execution of such sale, loan or de-
livery, présent these said arms, ammunition or equipments, together with the
credentials of the party to whom it is to be sold, floaned or delivered, as
above prescribed.
“Citizens may, upon présentation as above stated, be permitted to hâve 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.
“By order of Colonel Verderberg.
“H. M. Libby,
“First Lieutenant and Adjutant First Infantry,
First Brigade, N. G. C., Adjutant of the
District.”
19 “ *	*	*	* we hâve conferred with eminent councel in regard to the
matter, and herewîth 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, for-
cibly or otherwise, to take from you firearms, and if they do so, it is at the
péril of their lives.”
This was enclosed with a legal opinion by attorneys Richardson & Haw-
kins 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 carryîng con-
cealed weapons.
17 For copy see Adjutant9s General’$ Report, p. 117, also Col. Verdeckberg’s
Report, same.
8	[113]114
BULLETIN OF THE UNIVERSITY OF WISCONSIN
door. The guardsmen ans'wered with a fusilade, and Glover,
shot through the left arm, surrendered.
The following order was issned on Dec. 30th.
“Any person able to work and support himself in sonie honest
and respectable calling who shall be found loitering or strolling
about, frequenting places where liquor is sold, begging or lead-
ing 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,
ail 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.
“Ail persons ‘within the said territory who fall within the
above définition 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
without further notice. ’718
The Fédération 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 G-uard from de-
porting or sending out of the district any members of the West-
ern Fédération of Min ers. On Jan. 8th Colonel Yerdeckberg
called the union officers to a conférence, and said that the mili-
tia did not intend to rnolest union men so long as they obeyed
the laws and did not stir up trouble.
Military raie 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
ttme, others to the number of over 20 were released on writs
of habeas corpus granted by Judge Seeds. Governor Peabodjy
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, ail nn-
employed men were notified to ‘Ieave the district, in a proclamation issued by
the Military District Commander as follows:	****»» (See above).
[114]RASTALli----HISTORY OF THE CRIPPLE CREEE STRIEE 115
by Judge Seeds. An appeal was taken to the Suprême 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 Fédération from Rossland, B. C., came to open a coopera-
tive 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 arrivai at Cripple Creek, confined two days, and then
deported, warned never to retum again. Five men were ar-
rested 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 al-
most 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 author-
ities as an agitator to secure his arrest. If a man were over-
heard making disparaging remarks conceming the militia he
was promptly hustled offi to the “bull pen.” There is food for
thought in the summary of the situation which one of the of-
ficers gave to the author:	“If a man kept his mouth shut he
was ail right.7 7	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 ail but ridden do'wn when they insisted upon
19	Poole was tried on January 9, 1904, on the charge of assanlt with intent
to kill, but no witnesses appeared against him, and he was discharged.
20	A large number of other arrests were made upon charges of drunkennes?,
disorderly conduct, abuse of patrols, etc. For detailed list see Blennial Report,
Adjutant General, pp. 178-186.
[115]116
BULLETIN OE THE UNIVERSITY OE WISCONSIN
Crossing. Teachers were stopped and tnmed baek when on the
way to scbool. Sentries stationed near the Cripple Creek High
School songht to flirt with the students through the Windows,
and threw notes into the building.21
The Mine Owners’ Association issued a statement in March,
of which the f ollowing is a part :
“The avowed purpose of this association is to drive the dis-
turbing and dangerous element of the Western Fédération of
Miners from. the district and from the State, if possible, and we
call upon ail 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 impérative that the non-union miners and ail honest
citizens cooperate with this association to secure the élection
of public officers who will stand for law and order on ail oc-
casions.
“In view of ail these considérations, and with the détermination
to eliminate ail dangerous characters, it is our purpose to estab-
lish a central bureau of employment, which shall receive and
act upon ail applications for work in ail the mines connected
with this association. This method :will secure good and steady
employment for ail good workmen and decent citizens, and will
throw out ail those who are in harmony with the unlawful
methods adopted by the Western Fédération of Miners on so
many occasions.”22
This was followed by the adoption of the card System, which
21	The ahove 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.
ït 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 récognition 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 gentle-
men. They indulged in the “horse play” which always deyelops when a
crowdi 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 hâve to be judged by its worst
members.
22	Official Published Statement of the Mine Owners’ Association, March 10,
1904.
[116]RASTAEE--HISTORY OF THE CRIPPEE CREER STRIKE 11?
prevented any member of tbe unions from obtaining employ-
aient in tbe mines or mills' of tbe district.23
Tbe Fédération at about tbe same time issued a flag poster
whieh was widely distributed. Tbe United States Flag was
printed in the correct colors, witb an inscription in black letters
on eacb stripe. Tbe inscriptions read as f ollows :
“ Martial Law Declared in Colorado !
Habeas Corpus Suspended in Colorado !
Free Press Tbrottled in Colorado!
Bull Pens for Union Men in Colorado!
Free Speech Denied in Colorado !
Soldiers Defy tbe Courts in Colorado!
Wholesale Arrests Without Warrant in Colorado!
Union Men Exiled from Homes and Families in Colorado!
Constitutional Right to Bear Arms Questioned in Colorado !
Corporations Corrupt and Control Administration in Colo-
rado !
Rigbt of Fair Impartial and Speedy Trial Abolisbed in Colo-
rado !
Citizens Alliance Resorts to Mob Law and Violence in Colo-
rado!
Militia Hired by Corporations to Break tbe Strike in Colo-
rado!”
On tbe large posters tbere was also a picture of Henry Maki,
a union miner of Telluride, as he bad appeared on Marcb 2nd
shackled to a téléphoné pôle because he refused to work upon
the streets as ordered by tbe militia. Several paragrapbs of
comment accompanied the picture, and at tbe top was tbe ques-
tion: “Is Colorado in America?” President Moyer was arrested
for tbe publication of tbis poster, cbarged with desecrating tbe
American flag, and tbe military autborities refused to release
him upon tbe order of tbe courts. The famous Moyer Habeas
Corpus Case was tbe resuit.24
23	The manager of the Dorcas Mill was notified in December, 1903 that his
mill would he boycotted unless he discharged ail union mou in his employ.
The plant then became strictly non-union.
24	Secretary Haywood was tried before Justice Hynes of Denver on the same
charge. The decision was for défendant.
[H7]118
BULLETIN OF THE UNIVERSITY OF WISCONSIN
The citizens of the Cripple Creek District remamed quiet,
orderly, and self-contained during the period of military raie.
The movements of the militia itself formed the only evideuce
of a condition of “insurrection and rébellion”25 The troops
Kvere 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 ail 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 in-
experienced men was proving expensive. But the mines were ail
being operated in some fashion, and the strike appeared to be
at an end.
25 The Western. Fédération issued a proclamation on Mardi 12. One paragraph
is given.
“We wish once again to call the public’s attention to the fact 4hat the
Western Fédération has at no time made any demand of the mine owners
of the Cripple Creek district other than that they withdraw thieir patronage
from the mill trust in order that living conditions might be secured for the
employés of said mills.”
^Executive Order.
Whereas, On December the fourth, 1903, I did issue my proclamation de-
claring the county of Teller, in the State of Colorado, to be in a State of in-
surrection and rébellion ; and,
Whereas, Since that date the conditions within said county hâve been, and
are, rapidly chanlging, 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 functionisi and to en-
force 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 car-
rying 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 Yerdeckberg, until further orders.
This order to become operative and to be in force and effect from and
after Tuesday, February 2, 1904, at 10 o’clock a. m.
Given under my hand and executive seal this twenty-eighth day of Janu-
ary, A. D. 1904.
(Signed) James H. Pbabody,
Governor and Commander-in-Chief.
See Biennial Report Adjutant General 1903-1904, p. 134.
27 February 20th, the number of men was 2. Report of Adjutmt in Biennial
Report of Adjutant General, p. 135.
[118]RASTAEL--HISTORY OF THE CRIPPLE CREEE! STRIEE 119
CHAPTEK V
THE FINAL CUISIS
j
The Sixth Day of June. Independence Explosion and Riots
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 dis-
trict are located, and where mining operations hâve for ail the
district been most concentrated. The mountain roughness is
more than nsually 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 perpétration 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 mom-
ing. It is the “grave yard” shift that goes on at this midnight
hour, and the railroads furnish spécial cars to take the early
night shift men to their homes. The F. & C. O. R. R. train
is due at Independence station at two fifteen. On the moming
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 Med 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 tom through the heavy roof. Men were blown 150
feet straight up the hillside and mutilated beyond récognition.
[119]120
BULLETIN OF THE UNIVERSITY OF WISCONSIN
Thirteen men out of twenty-seven were killed outright, and the
smashing upward blow made six amputations neeessary. At
noon the next day men were still picking up bits of flesb and
bone in tin pails. The men from the Shurtloffi 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’elock a spécial 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 dues. The broken pièces
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 rang. 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
eompanies 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 morn-
ing and created the most intense excitement. Most of the mines
shut down, fdw of the men even reported for work, business
was generally suspended, and excited groups held discussions
everywhere. By common consent the explosion was attri-
buted to the Western Fédération, and the most ugly rumors
were in the air—the officers of the unions were to be bumed 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 meéting to be held there, trouble
was expected, and groups of men went constantly in that direc-
tion.2
aTh€re hâve been various accounts of what the bloodhounds did when put
upon the trail, but they succeeded in accomplishing nothing.
2 The annual convention of the Western Fédération’ of Miners, being in ses-
sion at Denver at the time, passed the followinlg resolution.
“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
[120]Independence Depot, Where Fifteen Men Lost Theib Lives.RASTADL--HISTORY OR THE CRIPPLE CREEE STRIEE 121
At about 9 o’clock, Manager Murphy of the Findley Mine and
Major .Naylor, of the militia, called at Coroner Dorant office,
and forced him to allow the removal of the bodies to the under-
taking parlors of J. H. Hunt. The reason given was that Cor-
oner Doran was understood to hâve spoken of the explosion as
“an accident.’ ’ Later in the morning the county commis-
sioners held a spécial 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 lot stronger
hands be in control. Accordingly when the sheriff came over
from Independenee he was met by the commissioners, who in-
sisted that he should leave. He consented and started for the
train. But members of the Mine Owners’ Association1 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 résignation was pre-
sented for his signature, and upon his refusai a noosed rope was
shown him, several shots were fired outside, and he was told
that 'he would be tumed over with the rope to a mob that was
forming. Then' the sheriff signed the paper giving up his of-
fice.8 Marshall O ’Connell of the city, attempting to interfère
and disarm the mine owners, was kicked out with no great gen-
tleness.
The county commissioners immediately appointed Edward
Bell sheriff. He had been Robertson’s opponent for nomina-
twelfth annual convention of the Western Fédération of Miners, déploré the
act as a most dastardly crime and condemn the perpetrators thereof as en-
emies of the Western Fédération 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 ail union men out of the dis-
trict, and in considération of the above statement, be it
“Resolved, That we, the delegates of the twelfth annual convention, assem-
bled, hereby offer a reward in the sum of $5,000, to be paid on the arrest
and conviction of the perpetrators of the crime.
“Denver, Colorado, June 7, 1904.”
* On July lst. Mr. Robertson wrote a letter to the board of county com-
missioners demanding that they recognize him as sheriff. Dater he made writ-
ten demand upon Sheriff Bell for the surrender of the office, saying that he
had been forced to sign a résignation, and that the board had been forced to
accept it, and that he was still legally in office. These letters receiving no
récognition he retumed to the district and made some persona)! efforts to
secure the office, but without success.
[121]122	BULLETIN OF THE UNIVERSITY OF WISCONSIN
tion on the Démocratie ticket at the previous convention, and
was considered a strong man for the position.4 Bell immed-
iately discharged under-sheriff Bnrton, and appointed in his
place L. F. Parsons, the secretary o£ the Oitizens 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 eounty commissioners
felt strongly that a mass meeting while feeling ran so high
could not but resuit in trouble, and they requested the mine
owners to give up their intention of holding the aftemoon
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
■ran well back, and buildings of considérable size complété the
boundry of its two interior sides. It thus forms a natural am-
phithéâtre. 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 fwas reported, and people began to gather there early
in the aftemoon. Marshall O ’Connell of Victor hastily ap-
pointed 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 immediate-
ly appointed Marshal. The deputies removed their badges and
dispersed.
The crowd at the comer of Victor and Fourth Avenues con-
4 Edward Bell and General Slierman Bell are not related. Edward Bell was
appointed assessor by the Démocratie 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. Af-
ter the strike he joined the Republican party, and was elected to office by
that party in November, 1904.
[122]RASTAEL---HISTORY OF THE GRIPPEE CREEE STRIEE 123
timied to grow, and groups of armed and angry union and non-
union men added to the number constantly. About 3 o’cloek
Sheriff Bell, G. O. Hamlin, Secretary of tbe Mine Owners’ As-
sociation, 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 beeame violent,
unrestrained, with judgment and caution thrown to the winds,
of a kind that could not but arouse to frenzy men whose pas-
sions were already deeply stirred. He had just denounced the
union' miners as a gang of cutthroats, membership in whose or-
der 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 man' 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 rush-
ing 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 draiw 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
5	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 ail
non-union miners. Peter Christman shot throulgh the mouth, Fred Studewass,
shot through the lungs, J. J. Hasner shot through the back.
7	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 explo-
sion 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 killinig and intimidating non-union
men and thereby preventing them from working ; that said crimes are the resuit of
a conspiracy entered into by certain members of the Western Fédération of Miners124
BULLETIN OF THE UNIVERSITY OF WISCONSIN
The militia hurried iip from the armory immediately after
the shooting. A line of men was stationed around the unioiï
hall, and squads of men placed upon adjacent buildings which
commanded the Windows of the hall. Sheriff Bell, accompan-
ied 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
eommenced firing upon the hall, pouring volley after volley into
the building, smashing glass and brick, and tearing up the in-
terior.8 Finally, with four men wounded, the miners surrend-
and known, incited, and furthered by certain offlcers of that organization.” How-
ever strong the inference may hâve been against the fédération it could hâve 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 déclarés
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 themiielves in and upon a building
in said city used and occupied for the miners Union Hall. That certain’ 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 Fédération 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 évident intention of the leaders and members of said mob,
as shown by the testimony and their own déclaration, to shoot down and take
the lives of citizens, called by them the mine owners.
We further find from the evidence that the officiais of said Western Fédéra-
tion 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 Win-
dows 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 ail swore that the course of the bullets had been slightly upward, so
these shots could not hâve corne from above.
(From typewritten copy of testimony before coroner’s jury.)
8 From the account of the Adjutant General (Biennial Report Adjutdnt Gerc-
erai 1903-4, p. 224). This account adds that a second messenger, sent to warn
the miners that firing would be eommenced upon them if they did not im-
mediately surrender, was fired upon. “A few shots were returned from the
hall *	*	* probably in ail there were 200 or 250 shots fired.”
[124]•R. A STATUT,-HISTORY OF THE CRIPPLE CREEE STRIEE 125
ered and were placed under arrest.9 No sooner were they gone
thau a mob rnshed in and completed the wrecking of the inter-
ior, 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 morn-
ing 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 aftemoon bringing
distorted news of the Victor riots found a situation that was
fast reaehing 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 fumiture and
omaments 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 away. 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 détermination. The Western
Fédération of Miners was held responsible for the disasters,
and it must go. A meeting of prominént 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
0The four wounded men were: Thomas McManus, Arthur Parker, Ed McKel-
ney, Peter Calderwood.
10 Most of the men were imprisoned in the Victor Armory. Ahout 150 men
were under guard there. See Adjutant General’s Report, p. 224.
[125]126
BULLETIN OF THE TJNIVERSITY OF WISCONSIN
to be taken. Refusai to renounce membership in the Fédéra*
tien and take ont a mine owner’s card was to be absolute évi-
dence of undesirability. A commission of seven 'was appointed
to examine and pass npon prisoners brougbt before it.11 At
five o’clock in tbe aftemoon 25 union men, under tbe guard of
deputy sberiffs, were put aboard a train and sent out of tbe
district.12 No charges were made against tbem, and many of
tbem had been told that they could remain if tbey would give
up their allegiance to tbe Fédération.
The Annihilation of the Unions
(
Lieutenant Governor Haggott, in tbe absence of Governor
Peabody from tbe state, issued a proclamation again declaring
Teller County to be in a state of insurrection and rébellion.18
11	“Judge” H. McGarry, Chairman.
N. Franklin, Former Mayor of Victor.
F.	M. Reardon', Post Master Victor.
Mayor F. D. French of Victor.
J. B. Cunningham.
G.	E. Copeland.
T. J. Dalzell.
12	For a complété list of the names see Bimnial Report of Adjutant General
1903-4, p. 225.
13	PROCLAMATION.
Whereas, There exists in Teller county, Colorado, a large number of armed
persons acting in' conjunction with a lar'ge 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
félonies and murders hâve already been committed by such persons, who are
still threatening to committ murder and félonies, 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 hâve been com-
mitted 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 be-
lieved 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 the
military in said county for the purpose of enforcing the law and restoring
peace and order ;
Now, therefore, I, Warren A. Haggott, Acting Governor and Commander-in-
[126]RASTALL--HISTORY OF THE CRIPPEE CREEE! STRIEE 127
General Bell arrived at midnight of tlie same day, and immed-
iately took command. Sheriff Bell recognized the generaPs
authority as suprême, and the two worked in’ complété 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 employées with rifles and revolvers, smashed up
ail the machines with sledge hammers, and scattered the type
about the floor. In the morning the Record had published an édi-
torial advising that the strike be called off. The éditorial con-
tained near the end the following paragraph :
“The Record will stand in the future, as in the past, ready to
eondemn ail lawlessness. It has no respect for the actions of a
Sterling or a Scott, or for such speeches as was made by Mr.
Hamlin, Mionday, or for the miners’ résistance at Miners Union
Hall, and it will not hesitate to eondemn them, just as it will
the work of the dynamiter when he is found. The Record does
not hâve 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 ofl:.”
There was some opinion that the wrecking was done by mem-
bers of the unions angered at the changed tone of the paper. The
Record employées 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 déclaré the said county of Teller in the
State of Colorado, to be in a state of insurrection and rébellion.
In testimony whereof, I hâve 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.
(Slgned)	Warren A. Haggott,
Acting Governor.
[127]128
BULLETIN OF THE TJNIVEESITY OF WISCONSIN
the Citizens Alliance that lie would be boycotted if be did not
witbdraw bis assistance. Tbe Record management later pre-
sented a bill of damages against tbe state for $4,206 (inclnding
loss of 9 days business at $75 per day), wbicb was paid.14 Wben
it resumed publication the Record announced that it bad buried
tbe past, and would support the new order.
The résignation of Sheriff Robertson was but tbe first of a
large number of résignations among the civil officers, forced by
threats and actual violence, by committees of tbe Mine Owners’
Association and Citizens Alliance. Tbe list included county
officers, Coroner James Doran, and Deputy District Attorney
J. C. Cole; of Cripple Creek, Justice C. M. Herrington,15 Mar-
sbal W. J. Graham, and Nigbt Marshal Fred Harding; of Vic-
tor, Justices R. L. Thomas and David Kelly, Police Judge
Michael Gibbons, Alderman J. W. Murphy and J. J. Tobin,
Jailor James Printy, and Nigbt Marshal Michael Lamb, and of
Anaconda, tbe marshal and several members of the city council.18
Tbe most extreme case was tbat of the town of Goldfield, wbere
tbe entire city govemment was overtbrown. Ail six of tbe
aldermen1, tbe wbole police force, city clerk, treasurer, and Street
14 The itemized account was as follows:
To linotype supplies........................
Additional linotype supplies...............
Cylinder press supplies....................
Job press supplies.........................
One job press..............................
Labor, press machinist..........
Additional labor on presses................
Folder repairs..............;..............
Pape** cutter repairs......................
Type, material, stones, etc................
Typewriter ................................
Clock ..................................—
Nine days business.........................
2,264.00
46.00
250.00
85.00
225.00
125.00
50.00
25.00
60.00
350.00
45.00
6.00
675.00
4,206.00
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.
State Auditor’s Certîficates of Indeltedness Nos. 6338, 6339, 6340. Issued
Nov. 10, 1904.
19 The Board of County Commissîoners refused to accept Mr. Herrington’s
résignation and he continued in office.
19 Report of Adjutmt of District in Adjutant General’s Report, p. 228.
[138]RASTALL--HISTORY OF THE GRIPPEE CREEE STRIEE 129
eommissioner were driven ont, 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 Fédération of Miners, was arrested
and held for some time, and his house searched for papers.
The résignation 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 re-
fused to join the Citizens Alliance, and expressed himself freely
in sympathy with the unions, was driven from the district.
Upon his retum he was immediately arrested by Marshal Naylor,
put on an outgoing train, and told that if he retumed 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 employaient of S. D. Crump as Spécial Pros-
ecuting Attorney for the Independence cases, and ail others
arising from the strike, with a fee of $10,000 to cover ail serv-
ices, détective and otherwise. The demand was repeated by the
Citizens Alliances of Cripple Creek and Victor, and was com-
plied 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-
17	Spécial Report of the United States Commissioner of Labor. Senate Docu-
ment No. 122, 58th Congress, 3rd Session, p. 252.
18	S. D. Crump was the attorney for the Mine Owners’ Association. One
wonders at the large fee.
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 éléments
that were in temporary illégal power. He believed, however, in the absolute
observance of the law, and the impartial prosecution of lawlessness, and re-
fused to prostitute his office to any partisan ends whatsoever. In following
his conscience he ruined his polltical prospects. His work will show repeatedly
în the closing pages of this narrative.
9	[129]130
BULLETIN OF THE UNIVRRSITY OF WISCONSIN
lion. Its civil government had been practically overthrown,
many of its officers forcibly deposed, and the otbers prevented
from the exercise of their functions. A mob, organized and
aeting with deliberate forethonght, headed by prominent citi-
zens, but none the less a mob pure and simple, was overthrow-
ing city governments, destroying property, arresting and
forcibly deporting citizens—ail this in the presenee of the Na-
tional 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 dé-
portation, received the sanction and authority of Adjutant Gen-
eral Bell.21 Under the name of The Military Commission it
held its further sessions in the offices of the Mine Owners’ Asso-
ciation, and continued to try men and recommend them for
déportation. “Judge” McGarry made a statement of the
work of the commission in an interview. June 14th.22
“¥e cleaned up the déportation slate last night as far as
those arrested up to the time were concemed. We will hâve a
short session this afternoon, beginning at 1 o’clock, at whieh
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 différence be-
tween 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	Spécial Order No. 1. A temporary commission is hereby constituted com-
posed 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 pos.-
sible.
By command of General Sherman M. Bell.
Capt. First Infantry N. G. C.
Gail S. Hoag,
Adjutant of District.
Biennial Report of Adjutant General, p. 26.
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.
[130]EASTALL-----HISTOEY OF THE CEIPPLE CEEEK STEIKE 131
tion question hâve to go. Otherwise they are just as good men
as many who are permitted to remain in their homes.”
Sevënty-two men were deported under military guard June
lOth. 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 in-
>clude ail those driven from the district. A great many men
were examined by the commission and simply wamed to leave,
and a much larger number seattered into the mountain», and
avoided possible arrest and déportation by leaving the dis-
trict 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
Fédération 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
23	For complété lists of the names of the men see Bietmial Report of Adjù-
tant General 1903-4, pp. 225, 226, 227, 229, 231, 234, 240, 241. 242, 243.
24	The legality of the déportations has heen defended upon the principle of
scattering a mob. Déportation it is claimed is the mildest form of legal action.
23 PROCLAMATION.
Whereas, The governor of the State did, by proclamation issued on the 7th
day of June, 1904, déclaré the county of Teller therein to be in a state of
insurrection and rébellion, and the territory comprising the said county is now
under the rule of military law, and now being ! held and occupied by the mi-
litia 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 peace-
able 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 hâve aided, encouraged, and given comfort and assistance
to those who hâve 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
, [131]132	BULLETIN OF THE UNIVERSITY OF WISCONSIN
General Bell ’s proclamation the Portland miners are generally
admitted to hâve been1 a more than usually good class of work-
men. Those among them who would renounce the Fédération
and take ont mine owners ’ cards were allowed to retnm 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, bronght suit in the United States Dis-
trict 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 déportation of its
miners.26 The directors of the company however held a spécial
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 Fédération fumished supplies
to these through two grocery fîrms of the district, and various
people of said county and a hindrance to the restoration of peace and good
order ;
Now, hy 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 ail men found therein or thereabouts who are dangerous
to the community be arrested and held until further orders.
Sherman M. Bell,
Brigadier General, Adjutant General,
State of Colorado.
Report of Adjutant General, p. 222.
26 Mr. Buras in a letter written the preceding November said as to the
position of the Portland : “The employé goes into the market to sell his
labor, and as employers desiring to purchase labor, we hâve 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 hâve no more right to dictate whether or not our employés belonjg to
a union than we hâve to dictate whether or not they belong to some church.
What we desire is efficiency in the labor we employ and we know we hâve
it to a higher degree in the présent 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 hâve at the mine and mill
about 700 of the best men in the Rocky Mountains.”
The Portland had always operated on the open shop principle, and was not
closed during either the strike of 1894 or the strike of 1903.
[133]EASTALL----IIISTORY O F THE CRIPPLE CREEE STRIEE 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 Yerdeckberg forbidding the extension of aid to any
of the miners’ families, and directing that ail supplies for this
purpose be tumed over to the military.27 The militia did not
follow this order with any reasonable effort to supply the pov-
erty stricken families, and had not many of the sympathetic
citizens and organizations of the district absolutely refused to
respect it, there must hâve resulted the most intense suffering.
The apparent intent was to compel the immédiate removal of
the deported miners’ families, as the final step in the annihila-
tion 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 complété and satisfactory
operation was being carried on as vigorously as before. Con-
sidérable 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.
During the period of déportations28 many members of the
unions, satisfied that the situation was absolutely hopeless for
27 SPECIAL ORDERS
No. 19.
No organization will be allowed, while tbis county is under military control,
to fumish aid in any form to the members of any organization or their fami-
lies 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 reason of
the military occupation of this county for the suppression of insurrection, and
ail money and other supplies so fumished will be applied to the relief of the
persons aboyé referred to.
Edward Verdeckberg,
Commanding Teller County Military District in the absence of
Brigadier-General Sherman M. Bell.
28 The report showed 1,569 men examined ; recommended for déportation 238 ;
recommended for trial in criminal courts 42 ; recommended for release 1,289.
“Of those recommended for déportation 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
[133]134 BULLETIN OF THE UNIVERSITY OF WISCONSIN
the Fédération, and thinking of the future for themselves and
familles, gave up their affiliation and took out mine owners’
cards. In December, 1904 Secretary Hamlin stated tbat out
of about 3,500 men employed over 2,000 had been in the district
before the strike as members of the Western Fédération of
Miners. The military commission made its final report and
disbanded on’ July 26th. On the same day G-overnor 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 Fédération declared the
strike still in progress, and in f act has never offieially withdrawn
it. Partisan feeling continued to run strong for a considérable
time, and showed itself for months after the withdrawal of the
militia. Five men, J. O. Frazier, David O’Neill, William
Hovey, C. M. Tully, and Fred Warburton, who had been de-
ported but retumed to the district, were run out of Victor by
25 masked men. At some distance f rom the city they were
robbed of ail their valuables, including passes that had been’ is-
sued 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 retum.
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 wamed to
leave the district.29 T. H. Parfet, and John Harper, managers
desirability of those examined for résidence in ttie district, with a yiew to
peace and law observance, and no other purpose was had in view of the
recommendations.”
(Signed by each memher of the commission. )
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
[134]The Victor Mass Meeting.BASTALIi---HISTORY OF THE CRIPPEE CREEE STRIEE 135
of the union stores at Cripple Creek and Victor, retumed to
settle up the affaire of the wrecked concems. Harper was taken
from hîs home b y a number of masked men, beaten, and driven
from the district., Parfet met the same expérience later, being
so badly beaten that he could not waik. The home of George
Seitz, a former union man who was leasing and had not takeir
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 Fédération
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 tumed
over to the Interstate Mercantile Company, about the middle
of August, and the Cripple Creek store reopened. The new
company was supposed to hâve purchased the property from
the unions, but peuple generally believed that this ‘was simply
a disguise and that the stores were really still owned by the
Fédération.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
an example could be made of the case, and such violations of the law thus
prevented in the future, but this Mr. Donnely was afraid to do.
30 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 ail 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 chargintg him with vagrancy. Deputy District Attorney Butler
dismissed the case, closing as follows:	“I hâve known this man for years.
I know him to be a reputable, law abiding citizen’ of Teller County. I hâve
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 déclaré publicly that in his of-
fice he recognized no class distinctions, and should look simply at the ques-
tion:	“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 vagrant
«every deported miner who dared to return.
81 This was doubtless correct, see Official Proceedings W. F. M. A., 1905, p. 43.
[135]136	BULLETIN OF THE UNIVEKSITY OF WISCONSIN
was broken into, and its manager and clerks thrown ont without
being allowed to even close the safe or take the aocount books.
The Windows and fixtnres were smashed, and the goods mixed
and thrown into the Street, where a large part of them were de-
stroyed 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
direetly across the Street from the store, made no effort to pro-
tect it, or to disperse the mob.32 The same evening a number
of men were deported. The list is as follows:
J. C. Cale, formerly deputy district attorney.
Michael J. O ’Neil, deputy county clerk and recorder.
Frank J. Hangs, attorney for the Western Fédération of
Miners.
H. M. Heimerdinger, manager of Interstate Company’s store*
Frank Akins, local manager in said store.
Charles H. Wasson, clerk in said store.
Steve Leahy, clerk in said store.
J. W. Higgins, union man.
T. H. Parfet, union man.
Albert L. Pierce, Gus Girardo, James Eedd, Patrick Maloney.
Eugene Engley, attorney, sympathizer with Fédération.
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. Ail were threatened with violence should they
dare to return.
Deputy District Attorney Butler, having secured affidavits
32 Spécial Report of United States Commissioner of Labor. p. 310 Sherîiff
Bell was in Denver and the office was in charge of Undersheriff Parsons.
In an interview next day Governor Peabody said : “I hâve not been of-
ficially notified of the occurrences of yesterday. No call for aid from either
faction bas reached me, nor hâve I received any intimation that the ’ State’s
assistance is needed in the settlement of the local différences wKich exist there
now. I therefore infer that the local authorities feel confident of théir ahility
to control the situation.”
[136]RASTAEL---HISTORY OF THE CRIPPEE CREER STRIKE 13?
fram some of the deported men, prepared informations against
those who appeared to hâve 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. 0. Hamlin’, the
secretary of the Mine Owners’ Association, who had in the
meantime been elected district attorney, dismissed them ail.34
The general resuit of the conflict, and more particularly the
effect of the déportation and scattering of the union men, was
shown most strikingly at the November, 1904, élections. For
the first time in the history of the county the Eepublican
party triumphed at the poils, electing its entire ticket.35 Ed-
ward Bell, having left the Démocratie standard, was elected
sheriff; C. C. Hamlin, secretary of the Mine Owners ’ Associa-
tion, was elected district attorney ; and the other vacant offices
were filled largely with piximinent Citizens’Alliance men.36 The
officers of the local militia companies who had been most active
83	The following men were made défendants :
Nelson Franklin, former mayor of Victor, mill owner.
A. E. Carlton, president First National Bank, mine owner.
E. C. Newcomb, cashier same bank, mine owner.
William Carruthers, solicitor for D. & S. W. Ry.
Harry Waters, Frank Vanneck, E. K. Young; deputy sheriffs.
Charles Gnnn, policeman.
A. C. Cole, former secretary Victor Cîtizens Alliance.
Henry Dahl, manager Ophir mine.
Dan’l McCarthy, superintendent Granité mine.
A. T. Holman, superintendent Golden Cycle mine.
William Bainbridge, superintendent El Paso mine.
L. G. Henry, R. P. Russel, John' Sharpe ; leasers.
Harvey Gregory, H. H. Babcock, Ira Watson, Woody Welsh, C. R. Orwig„
Thomas Scanlon, Albert Stonehouse, --------- Blum, ------ Johnson, ------ Pierce ;
miners and deputy sheriffs.
John Dalzell, mine superintendent.
84	The district attorney has this absolute power under the Colorado laws.
35	There were one or two unimportant exceptions.
36	Following are the prominent Citizens’ Alliance men and officers of the mili-
tary companies elected or appointed to county offices :
Sheriff, Edward Bell, prominent Alliance man.
Undersheriff, L. F. Parsons, secretary Citizens’ Alliance.
District Attorney, C. C. Hamlin, attorney for Mine Owners Association.
County Attorney, T. E. McClelland, major state militia.
Deputy County Clerk, G. S. Hoag, captain state militia.
County Treasurer, B. A. Phipps, president Citizens’ Alliance.
County Physician, W. E. Driscoll, prominent Alliance man.
Jailer County Jail, Harley Keegan, first lieutenant state militia.
Deputy County Assessor, Frank Trego, captain state militia.
The officiais of the towns and cities show the same kind of grouping.
[137]138	BULLETIN OF THE UNIVERSITY OF WISCONSIN
in the later phases of the strike were also remembered, a num-
ber of them stepping into county or municipal offices.87
The Colorado City and Cripple Creek strikes covered a period
of a year and a half, and from the call1 of the second strike at
Cripple Creek nntil 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 Col-
orado $400,000, the pay rolls alone amonnting to nearly
$200,000.88 The “relief” expenditures of the Western Fédéra-
tion of Miners for the fourteen months beginning August lst,
1903, were $308,000, almost the entire sam being expended in
connection with the Cripple Creek strike.89 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 paralÿzed 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. Froin the struggle that so convulsed it
the Cripple Creek District has not yet recovered, and will not
entirely for many years to corne. To many the strike meant
ruin, to others prématuré âge. 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 élection James Warford, formerly a deputy in the employ of the Mine
Owners’ Association, shot and killed two men at one of the poils. The evidence
at his trial was strongly to show that the murder was cold blooded and entirely
unprovoked. The jury disalgreed. Judge Cunningham refused to admit Warford
to bail while awaiting a second trial. District Attorney Hamlin then dismissed
the case, alleging the impossibility of securing a conviction, and the great ex-
pense. A second information was later filed.
38	Reports of the State Auditor and Ad jutant General for 1903-4.
39	Reports of Treasurer Haywood in 'Official Proceedings W. F. M. A. 1904
and 1905.
[138]RASTAEE--HISTORY OF THE CRIPPEE CREEK STRIKE 139
CHAPTER VI
DISCUSSIONS AND CONCLUSIONS
The Western Fédération of Miners—Its Side of the Case
The Western Fédération of Miners was organized in a con-
vention held at Butte, Montana, May 15th, 1893. Forty dele-
gates, 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 or-
ganization.1 The first Cripple Creek strike came six months
later, while the movement was in its infancy, and the Fédération
hardly more than a name. The Altman union secured a char-
ter in the general organization, and this was utilized by the
striking miners to secure uniformity and authority in their
actions, but the Western Fédération of Miners as a body had
no connection with the strike.2
The Fédération has grown steadily sinee 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 co-
operative stores at various mining centers. Some of the local
unions provide sick benefit, and maintain wards in the local
hospitals, and many of them hâve halls with libraries, reading
rooms, and rooms for social entertainment.3
During the first years of its existence the Fédération changed
offieers every year, but from 1896 to 1906 the office of presi-
1	Information furnished by the unions. Se© also Spécial Report Commis-
sioner of Labor. U. S. Chap. I.
Also Langdon, Mrs. Emma F. The Cripple Creek Strike, Introduction.
2	See p. 20.
3	Information furnished by the unions. See also Spécial Report Commissioner
of Labor, U. S., Chap. I.
The fédération does not report its membership. The report of the Colorado
Bureau of Labor Statistics for 1901-2 estimated the membership at 48,000.
[139]140	BULLETIN OF THE UNIVERSITY OF WISCONSIN
dent has been held b y but two men, Edward Boyce and Charles
II. Moyer.4 William D. Haywood, eleeted secretary-treasurer
in 1901 has held the position ever sine©.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 con-
sciousness, and its climax a demand for soeialistic action®
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 soeialistic in their own views, lost no op-
portunity to direct the activity of the organization more and
more into soeialistic channels.8 The rank and file of the mem-
bership hung back, and did not accept soeialistic ideas nearly
so generally as has been supposed. At their annual conven-
tions the delegates repeatedly refused to pass extreme resolu-
tions asked for by the leaders.9 But the Fédération has been
strongly under the influence of its officers these last years.10
It is its misfortune that these men hâve been extremists. Its
catastrophies hâve been mistakes of leadership.
The Fédération man in speaking of the Cripple Creek diffi-
culties prefers to merge them with the general strike difficultés
ofthetime.11 The struggle over the eight-bour question, and the
wrongs done by capital therein loom large to him, and Cripple
Creek is merely a phase of the general situation. The Col-
orado City difficulty is the immédiate irritant. Here the union
just formed is ail but broken up by the summary discharge
of its members from the employ of the Colorado Réduction
and Refining Company. A strike is the remedy, a verbal agree-
ment being reached at last, the union acting under pressure,
and coming two-thirds of the way. But the company does not
4 Official Reports Western Fédération.
6 IUd.
*IMd.
Copy oflacially published by fédération. Also in Official Proceedings vfor 1902.
^ Ibid.
8	IUd.
9	See page 10, 2nd par., also f. n. 1.
10	See pages 25, f. n. 1, 36 and 37, including f. n., and page 13.
11A digest is bere given of the statements of the case by varions union
officers.
[140]RASTAEE--HISTORY OF THE CEIPPLE CREEE STRIKE 141
fulfill its agreement satisfaetorily—work is offered the men in
sucb a way that they will not accept it—the management will
not eônsider the wage seale. The other mills, which hâve
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 ail 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 organiza-
tion and should support their brothers. There is added irrita-
tion in that sonie of the Cripple Creek mines refuse to employ
union men at ail. The capitaliste class in Colorado is pushing
labor to the last ditch, and throttling its every move for ÏÏetter-
ment. The time for a décisive blow against such tyranny is at
hand. So the miners are called out.12
The Mine Owners’ Association—Its Side of the Case
Miost 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 OwnersJ Association. While
there was no formai organization, the name persisted during
the period between the two strikes. At the opening of the dif-
ficulties 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 poTicy of
vigorous opposition to the Fédération.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. Colbum 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.
12	Official Reports Western Fédération.
13	Given in full, p. 92, f. n. 12.
14	Accounts by officers.
[141]142
BULLETIN OF THE UNIVERSITY OF WISCONSIN
On September 17th the following notice was posted:
“It is hereby given ont that no member of any union, affiliated
or connected with the Western Fédération of Miners will be
given employaient on this property.
“By order of the Cripple Creek District Mine Owners’ and
Operators’ Association. ’9
The association thereafter announced its intention not only
to refuse absolutely to treat in any way with the Western
Fédération of Miners, or employ its members, but to prevent if
possible the employaient of Fédération 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 ail 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
Fédération of Miners from the district and from the State if
possible.9 ’16 This was followed by the adoption of the card
System, which effectually blacklisted members of the Fédéra-
tion. Ail applicants for work were fumished with a blank
form for the answering of a number of questions, the last four
of which were as f ollows :
“Are you a member of the Western Fédération of Miners?
“Hâve you ever been a member of the Western Fédération of
Miners ?
“If so, when did you sever your connection with that organi-
zation?
“Do you belong to any labor organization, and if so, what?”
These questions satisfactorily answered, the secretary of the
association issued the applicant a card, which was surrendered
and retumed to the secretary upon securing employaient.
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.
To the mine owners the Cripple Creek strike was simply
an unwarranted, arbitr’ary, and unjust blow, struck at the
15	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.
[142]RASTALL----HISTORY OF TUE CRIPPEE CREEK STRIKE 143
instigation of a few officiais while conditions were unusually
satisfactory, and in spite of thé actual opposition of the men
concerned.17 Whatever may hâve been tbe status of the eigbt-bour
day in Colorado City it was not involved at Cripple Creek, for
tbe eigbt-bour day bad been in force there for nine years. What-
ever may bave been’ tbe conditions at Colorado City tbe mine own-
ers were not concerned. Only a few of tbe mines were ship-
ping to tbe mil! in question, and most of tbem were bound ab-
solutely by contractsi. It was unthinkable that tbey should
be forced into being the club of tbe Western Fédération for tbe
compelling of anybody and everybody to tbe wishes of tbat
organization.
Tbe strike called, and no demands to wbicb to accédé, no
grievances to settle, but one course was possible, to open the
mines fearlessly, and run tbem in independenee of tbe Fédéra-
tion. It was not to be supposed tbat in tbe future they would
put themselves again under tbe power of sucb an organization,
Fédération men might look elsewbere for employaient. When
resort was bad to tbreats and actual violence, and they were
being prevented from opening the mines, it was no more than
right that tbe state should furnisb tbem protection, especially
wben tbe local government was so largely in the hands of tbeir
opponents, and no very active efforts were to be expected from
tbem. Tbe card System was to give tbem a record of their
workmen, and to prevent tbe union miners from quietly getting
back into power.
With tbe explosion and riots of June 6th, it became apparent
that no permanent peace could be expected so long as the or-
ganization of the Western Fédération remained in the county.
Under tbe conditions it was almost impossible to ferret out
criminaîs, and as the mines were successfully operating, and it
was not proposed to hâve any further dealings witb the Fédéra-
tion, the only thing left was to rid the community of it. This
was a humane and just policy, for angry citizens were threat-
ening general lynchings. Déportation was an act of necessity
for the general welfare of the public.18
17 Digest from proclamations, and statements by officers.
“ lUd.
[143]144
BULLETIN OF THE UKTVEKSITY OF WISCONSIN
The Citizens Alliances—Their Sides of the Case
Citizens Alliances were formed at various places in Colorado
during the labor disturbances of 1903. The movement started
in' Denver and spread to every eity in which strikes of considér-
able importance occurred. Business men from ail ranks, witb
some professional men, and a few workmen, constituted tbe
membership. A state organization was later effected. The
principal avowed objects of the alliances were to restrain mem-
bers of labor unions from unlawful conduct wbile strikes were
in progress, and in general to discourage loekouts, strikes and
boycotts.19
Tbe Citizens Alliance in Cripple Creek was formed during
/ tbe first sbock of disrupted business conditions subséquent to
/	the calling of	the last strike.	Tbe date of its organization was
!	August 27th,	and on September 2nd it bad a	membership of
j 500.20 The Citizens Alliance and Mine Owners’ Association were
j entirely independent organizations. They had, bowever, a consid-
f erable common membership and worked on an informai agreement
j for tbe same end. When rumors of a lowering of wages bave arisen
j since tbe settlement of the diffieulty, officers of the alliance bave
j	stated, tbat one of tbe stipulations under whicb they gave their
j	support to the association was that wages sbould not be lowered
i when the strike had been won.21
j	To show the	attitude of the	organization, soon	after its forma-
|	tion, it issued	a statement of	which the closing	paragraphs are
here quoted.
“ïiesolved, That the persons most active in the work of de-
terring and retarding the wonderful advancement and prosperity
of this, of ail the United States the grandest and most bounti-
fully endowed, through motives incompréhensible, but at best
evidence of an extremely lax idea of the prineiples enunciated
in the grandest instrument of ail âges, the Constitution of the
United States, should be lawfully restrained, that such an act
19	Spécial Report United States Commissioner of Labor. Chap. 2.
Constitution Colorado State Citizens Alliance. Statements of officers.
20	Official Announcement published Sept. 2, 1903.
21	Statement by various members and officers to tbe author.
[144]RASTAEL--HISTORY OF THE CRIPPLE CREEK STRIKE 145
will conserve the best interests of ail true American-loving citi-
zens.
“Resolved, further, That any person who does not choose to
"work nnder the existing conditions of wagesi and hours, which
he himself helped to establish, and persuades or attempts to in-
duce another to refrain from honest labor, is a parasite upon the
body politic, and the community should be freed from such con-
taminating influences.
“Resolved, further, That in contradiction to the misconceived
idea of some few that our organization is antagonistic to unions
or organized labor, let it be understood that we oppose no organ-
ization’ of individuals who act within the law, but we permit no
person to arrogate the right to interpret the law to suit
himself.
“Resolved, That one of the most potent factors in the seule-
ment of the late unpleasantness is the presence in our midst of
that sturdy soldier, 'with unblemished character, whose inde-
fatigable efforts are on the side of right and justice, and whose
very name sends a cold chill down the spinal eolumn of the
wrong doer, and to whom we raise our hats—General Sherman
Bell.”
When the troops were sent to the district it passed the follow-
ing resolution:
“Resolved by the Citizens Alliance of the Cripple Creek Dis-
trict, That we heartily approve the action of Govemor Peabody
in ordering the state troops to the Cripple Creek district for the
purpose of maintaining peace, and we believe this is the most
effectuai means of stopping the crime of which we hâve already
had several instances, and from which the majority of the citi-
zens of this district hâve been in constant fear and dread, and
the like of which has brought shame and disgrâce on honest
unionism in this county. ...	”
The alliance took a threatening attitude toward those who
would not join the organization. Many men joined it because
they feared boycott if they refused, and many members ex-
pressed themselves as out of sympathy 'with the methods em-
ployed by the organization.^2 December 8th Secretary Parsons
22 Information, from Personal interviews. See also Spécial Report, United
States Commissioner of Labor, p. 49.
10	[145]146
BULLETIN OF THE UNIVERSITY OF WISCONSIN
in issuing a call for a spécial meeting closed as follows: “We
herewith enclose you a list of the firms that do not belong to the
Alliance. You can govern yourselves accordingly.’ ’
On June 9, 1904, during the déportation period, the member-
ship of the association signed the following agreement :
“ We, the undersigned merchants of the Cripple Creek district
and employers of help, hereby agréé not to employ help of any
kind that is in any way connected with the Trades Assembly or
the American Fédération of Labor or the Western Fédération of
Miners.”
The next day the agreement was changed to read “ American
Labor Union’’ because it was found that ail barbers’, printers
and carpenters’ unions were included in the Fédération of Labor,
and their services were at the time deemed indispensible.
June 14th a general statement was issued, of which the latter
part is given:
“In the future neither walking delegates, agitators, nor labor
unions will be allowed to say who may or may not labor in
Teller County, or who may or may not do business here.
‘f The sources of strife in the Cripple Creek district hâve been
the Western Fédération of Miners and the Trades Assembly,
which they dominated and through which they carried out their
boycotts, etc.
‘c There is no room in Teller County for these two organizations
and their existence will no longer be tolerated. The citizens
and tax-payers are bound to hâve peace, law, and order in
Teller County, and while they hâve no wish to work hardship on
any person simply because of his membership in a labor union,
nevertheless drastic measures must and will be adopted to pré-
serve peace. Crafts of the various classes organized will not
be interfered with as to their local or international affiliation,
provided the Trades Assembly be forthwith disbanded and no
similar boycotting ageney be organized: provided further, that
such unions of the local crafts hâve not for their national or
international affiliation the Western Fédération of Miners, The
American Labor Union, the State Fédération of Labor,,or any
kindred organisation.
“We déclaré against ail agitators and walking delegates. We
déclaré against strikes, boycotts, and walkouts. ’ ’
[146]RASTAEL----HISTORY OF THE CRIPPLEU CREEK STRIKE 147
The position of the Citizens Alliance on' the various strike
questions was exactly that of the Mine Owners ’ Association’/ and
the arguments adyanced were the same as those of the associa-
tion, but assumed from a more general business standpoint.
The Position of the State Authorities	j
During the strike of 1903-4 the Colorado National Guard was
called upon for unusually extensive service. Troops were in the
Cripple Creek District for a period of nine months. Campaigna
were carried on at Colorado City, Cripple Creek, Telluride, and
Trinidad, and at times the entire available State militia was in
active service. Cripple Creek and Telluride were subjected to
periods of military rule, and déportation occurred under mili-
tary authority from Cripple Creek, Telluride, and Trinidad.
The state officers thus laid themselves open to charges of col-
lusion with the corporate and large business interests of the
state, and were severely criticised for their action. The facts
underlying the situation at Cripple Creek were the political
isolation of Teller County, the strength of the mine workers
there, and the control of the county and state by the extreme
wings of the two great opposed parties of the state.
In his official statement explaining his various acts during
the Cripple Creek disturbances Governor Peabody declared that
he had acted fairly and disinterestedly for the préservation1 of
law and order.23 He insisted that the Western Fédération of
Miners ‘was a violent organization, with dangerous political
théories, and a long record of crime, whose only claim to re-
spectability was its title as a labor organization.
“I hâve had to deal with an organization which has no counter-
part in this country. Its official proclamations, full of défiance
and challenge, issued from time to time, hâve amounted, as has
been said, to ‘a déclaration of war against the state. ’ I hâve
met the challenge with a policy none too vigorous for the out-
lawry I was called to oppose. But through it ail I hâve had but
23 Digest from signed statement issued by the governor, Juïy 30, 1904, addressed^
To the people of Colorado.
[147]148
BULLETIN OF THE UXIYEBSITY OF WISCOHSIH
one objeet, and that to show tbe people of Colorado that the
laws will be upheld, that a criminal organization cannot dictate
the policy of this administration, and that everywhere within
the borders of Colorado property shall be secure and labor
free.”
The troops were called to Colorado City npon the demand of
the sheriff, aecompanying a pétition from leading citizens, which
the executive was bonnd to respect. Action at Cripple Creek
was based npon the criminal record of the Fédération.
4 6 This record convinced me that the overt acts which had been
committed in Cripple Creek were bnt forerunners of others,
and that with the executive officers of Teller County in direct
collusion with this organization, it would be but a few days
until a reign of terror, involving loss of life and property, would
be established in that district. The fédération is led and ab-
solutely controlled by unserupulous men. Only two of the ex-
ecutive committee are residents of the state, and none of the
committee has anything in common with the state’s interests.”
Stress is laid upon the high duty devolving upon the executive
to afford protection to men who desire to labor. In affording
this protection it becarne necessary “to confine certain men in
military guard houses, as one of the safest and most expéditions#
methods of restoring order.” The legality of the action was
attested by the State Suprême Court. There were the occasional
indiscrétions among officers and men inévitable in so large a body
unaccustomed to military service, but in general the conduct
of the troops was praiseworthy, and the only reason that they
were found actively opposed to the acts and purposes of the
Fédération was “because that organization was attempting to
prevent by violence the operation of the mines and mills.,,
With the strike apparently over and peace restored, came the
dynamiting of the Independence station, and the détermination
of the citizens that the community must be rid of the authors
and investigators of such crimes.
When the excitement had subsided somewhat and the county
was still under quasi military rule, it ‘was found that thebe were
several hundred members of the Western Fédération in the
district who would not work, and had resolved that others should
[148]RASTALL----IIISTORY OF TIIE CRIPPLE CREEE STRIEE 149
not, if, by such methods as those employed at the Independence
station, they could be driven or frightened away.
“It became apparent tbat, even with every member of the
National Guard in that eonnty, it would be impossible to prevent
the use of dynamite in the stealthy manner always employed
by the Fédération. The monntains and guiches of that rugged
country afford a multitude of safe places for reconnoitre and
hiding. The troops, which had already been there the greater
part of the year, could not be maintained indefinitely without
incurring immense additional expense. The only safe and avail-
able remedy seemed to be to disperse the radical members. If
ail of them had not personally participated in the outrages they
had at least stood approvingly by and given' their support, en-
couragement, and protection.
“If these men were seattered, the avenues which ten years of
organization and association had opened for crime in that dis-
trict would be closed. It would require much time in any
other community before they could gather about them a new
band of conspirators with the inclination and daring to inaugu-
rate in a new field another condition of terrorism. These men
as I hâve said, had determined never to yield the strike. The
mine owners had resolved not to employ again the members of
that organization. Therefore the only employment which re-
mained for them was that of stirring up strife, eommitting dé-
prédations, and intimidating by inhuman crimes the working
miners.
4 ‘ I resolved that they should be dispersed and I dispersed them.
This was done, however, only after careful investigation of each
individual case.?,2é
The Responsibility and Blâme—The Western Fédération of
Miners
For the opening of the Cripple Creek strike the Western Féd-
ération of Miners must take the whole responsibility.25 What-
ever may hâve been the reasonable complaints as to the eight-hour
24	p. 147, f. n. 23.
25	See pp. 83, 84.
[149]150
BULLETIN OF THE UNIVERSITY OF WISCONSIN
day in Colorado as a whole, and as to the right to forra unions
and to adjust wages, at Colorado City, these things had no
direct connection with Cripple Creek.26 Admittedly the con-
ditions were absolutely satisfactory, and the only excuse for
the strike was the refusalof certain mines to cease shipping
ore to the Colorado City plant.27 When it is remembered that
most of the mines were not shipping to the réduction company
at ail;28 that those which refused were bound by contracts;29
and that the strike on the réduction company represented a
sum total of nine men out, the strike stands in its true light.30
The resuit was simply what might hâve been expected, with
determined and powerful men on the other side. The Fédéra-
tion pulled the avalanche down upon its own head. By ils
constant partisan action, and the conscienceless use of its power
before the strike, it paved the way for an unrestrained reac-
tion. And while nothing said here must be taken as condoning
lawlessness committed by any person whomsoever, so far as
the Fédération itself is concerned, it may blâme itself for the
disastrous resuit. The unions reaped only what they had
sown.
Conceming the crimes committed during the latter part of
the strike so little evidence has been adduced, that judgment
must, for the présent, be suspended. Especially is this true
since, at the time the outrages were committed, the district was
completely in the hands of those who sought in every possible
way to fasten the guilt upon the unions, but who exhausted
their means and ingenuity without resuit.31 The general cir-
cumstantial evidence can be adduced, but nothing further.
The people of the mining area in general, who hâve lived
with the Fédération, and known its history, hâve little hésita-
tion in laying the criminal aots connected with the strike at the
door of that organization. Nor will they change their opinion
unless strong evidence is shown to the contrary. During the
26	See p. 18, includin.g footnote. p. 88, f. n. 5. pp. 88 and 89, especially foot-
notes p. 89.
27	IMd.
28	See pp. 82 and 83.
29	See p. 82.
80 See p. 88.
31 pp. 104, 108, 129, Chap. V. entire and Chap. VI. Section on trials.
[150]WH AT IS A	SC AB?
A scab is to his trade what a traitor is to his country, and though both may be useful in
troublesome titnes, they are dëtested when peace rcturns, by ail; so when help is needed, a scab is
the last to contribute assistance, and the first to grasp a benefit he never làbored to procure. He
cares only for himself; he sees not beyond the extent of a day, and for a monetary approbation he
•would betray his friends, family and country; in short, he is a traitor o® a small scale, who first
sells the workingman and is himself afterwards sold in his turn by his employer, until at last he is
despised by both and detested by ail., He is an enemy to himself to thé présent âge and to posterity.
For further informatio-n, address the
Secretary District Union No. i W. F. M.,
second EDITION, more coming.	Cnpple Creek, Colorado.
A “Scab List” Publisiied by the Western Fédération.RASTALL-----HISTORY OF THE CRIPPEE CREEE STRIEE 151
strike of 1894 a reign of terror was brought about by men of
eriminal character, many of whom were admitted to the
unions!82 Non-union men were severely beaten,33 and the
Strong mine was blown up.34 Between the strikes non-union
men were beaten, and in one case at least a non-union man was
shot, and the perpetrators protected from just punishment by
union juries.35 In the strike of 1903 men were assaulted and
property was destroyed;36 there was such a condition for a
time that men opposed to unions felt it unsafe to be out after
dark ; shots were fired through the shaft houses of mines ;37 and
threats were made to non-union men and militiamen, of which
the Vindicator explosion, the attempted train wrecking, and
the Independence horror would hâve been onlÿ a partial ful-
fillment.38
In Victor union hall on the day of the Victor riots, a num-
ber of photographs of mine groups were found. Over the pic-
ture of each non-union man a number was placed, and on the
back the names were written with the corresponding numbers.
From the names on the back of the Vindicator Mine group two
had been scratched out, the names of Charles H. McCormick
and Melvin Beck, who had been killed in the descending cage
at the mine. The mine owners took this as evidence of an
assassination plot, but the union officiais explained that the
pietures were simply for the making up of “scab lists” that
had been published at frequent intervals.39 In the raids by
militia and deputies that followed, at one place a number of
Winchesters and 300 rounds of ammunition were discovered.40
Under the cabin of one of the Altman union officiais was found
a quantity of high explosives, spools of wire, and electrie bat-
teries.41 Ellsworth W. Holden, a machinist member of the
32	Part I, p. 30, including f. n. 3.
33	Part I, p. 31.
34	Part I, p. 33.
33 See p. 70.
36	See pp. 92 and 93.
37	Testimony of a number of non-union men and mine iguards.
38	From many statements by militiamen and non-union men.
39	See illustration opposite p. 150.
40	Report Adjutant General, 1903-04. Also testimony before Coroner’s Jury
in Victor Riots.
41	This find was credited to K. C. Sterling, a détective in the employ of the
Mine Owners’ Association. Sterling does not enjoy a good réputation and the
[151]152
BULLETIN OF THE UNIVERSITY OF WISCONSIN
Fédération, testified that at the time of the Colorado City strike
Fédération officers tried to induce him to go to Colorado City,
and gaining employment as a non-union man, to wreck the
maehinery of the Colorado Réduction and Refining Company.42
No one would think for a moment of accusing the rank and file
of the Western Fédération of such outrages as marked the last
stages of the strike. But there were certainly members of the
organization who would not hesitate to commit crime to accom-
plish their ends. There were certain officers who were willing
to countenance and even to instigate the beating of men, and
the destruction of property. Would they not wink at the com-
mission of graver crimes?
The Mine Owners' Association and the Citizens' Alliances
No discrédit is to be attached to the mine owners for oppos-
ing a solid front to the attack of the Western Fédération of
Miners, nor for straining every nerve to break the strike. To
hâve submitted would hâve been to admit a condition of sub-
serviency impossible to men of strength and courage. Nor
with the police power of the district so thoroughly in the hands
of the miners,43 could they be expected not to make every effort
to secure the presence of state troops. The position of the
C'itizens Alliances was also perfectly natural, in opposing a
condition that was bringing upon them finaneial ruin,.44
Many of the men employed as guards by the mine owners
during the strike were roughs of the worst type, men with
criminal records either before or since that time. The follow-
ing list of mine deputies who committed criminal acts within
12 months after the close of the strikei, will serve as basis for
judging this fact.
miners made yarious charges against him. See1 connection with train wrecking
cases, pp. 55, 56 and 57. See also Cripple CreeJc Times, June 8 and 9, 1904.
42	Testimony before the m'ilitary commission verified by the author.
43	See p. 66 and same, f. n. 10.
44	See pp. 63 and 144.
[152]RASTALL---HISTORY OF THE CRIPPLE CREEE STRIEE 153
MINE DEPUTIES' WHO COMMITTED CRIMINAL ACTS WITHIN TWELYE
MONTHS AFTER THE CLOSE OF THE STRIEE.
Name.
Crime.
District court
trial.
James Warford.....
James Warford.....
Thomas C. Brown...
Walter Kenley.....
John Police.......
Thomas C. Brown____
Charles Fightmaster.
Bert Smith........
Clark Watt........
John Frame. ......
Eugene Scott......
Thomas Scanlan....
Murder,................
Assault.................
Murder.................
Assault, intent to kill_
Fraudulent check........
Theft	...........
Highway robbery........
Highway robbery........
Assault, intent to kill_
Assault, intent to kill_
Manslaughter...........
Assault...............
No. 984.......
Nos. 909, 923..
No. 923 ......
Nos. K09, 912..
No. 943......
No. 939......
No. 956....
No. 956....
No. 994 ....
No. 994.....
No. 980.....
No. 865 ....
Sentence.
On second trial, life.
10 to 12 years.
Jury disagreed, nolled
10 to 12 years.
Not tried, Jan. 1906.
Jail sentence.
8 years.
8 years.
10 to 12 years.
10 to 12 years.
7 to 8 years.
10 months.
It is not apparent just how miich ean be adduced from the
above statement. The position of deputy at snch a time, with
its attendant danger, and the certainty of publie eontempt, will
not be accepted by the ordinary citizen. The mine owners had
to draw from the only supply available for the purpose, and
had to take what they could get. But the fact remains that
there were in the employ of the Mine Owners’ Association dur-
ing the strike men capable of almost any crime, and that, as
pointed out by the unions, these men might as logically be
blamed for the overt acts of the strike as any men who could
possibly hâve belonged to the unions. In the train wrecking
case the union attorneys certainly succeeded in throwing a
great deal of suspicion upon Détectives Scott and Sterling.45
Charles Beckman, who had joined the Fédération as a détective
for the mine owners, admitted that he had been urging the
commission of various overt acts, but explained that he did so
simply that by working into the confidence of the right men
he should be in a position to know of such plots.46 In some
cases since the strike, officiais under the influence of the mine
owners hâve sought in a most disgraceful manner to proteot
criminal deputies and others from the results of their mis-
deeds.47
45	See p. 106.
46	p. 105. See also United States Commissioner of Lat>or3 Spécial Report on
Cripple Creek Strihes, Chap. XX.
47	See District Court Case, People vs. Charles Fightmaster amd Bert Smith.
Conviction of highway robbery, October, 1905. Testimony and charge to jury.
See also this work, Chap. V., section on The Period Following the Strike.
[153]154	BULLETIN OF THE UNIVERSITY OF WISCONSIN
In the lawlessness following the crimes of June 6th the mine
owners cannot be separated from the Oitizens Alliance. Each
had a part but not a separate one. It is the testimony of re-
liable witnesses that the speech of the secretary of the Mine
Owners’ Association on the aftemoon of the Victor riots was
such as any sane man mnst know would create trouble, and
that he was entireljy to blâme for the starting of the affair.48
The actions of the following days can ail be explained as the
natural outcome of the conditions. The wave of indignation
following the terrible ïndependence explosion could be ex-
pected to carry men off their feet. The great dread that fol-
lowed the conviction that the Fédération was responsible,
might be expected to bear some fruit. For men believîng as
they did there was much excuse for the lawless acts that fol-
lowed. But to explain lawlessness is not to justify it, to find
extenuating circumstances is not to condone it. There are ex-
tenuating circumstances for practically ail mob violence. There
are always extenuating circumstances for the negro lynehings
of the South. There were extenuating circumstances for the
lynching that occured near Denver a few years ago, but it
roused such a storm as resulted in changing one of the fond-
amental laws of the State.49 If law is to be observed only
when it seems to work no hardship upon those concerned and,
when there are no alleviating conditions, it is a poor thing
indeed, and useïess, for men need no law to follow their own
inclinations. One great intent of law is restraint, to com-
pel men to follow one path when there are strong impulses to
follow another. The mob outrages in the Cripple Creek Dis-
trict, and the Wholesale déportation of men were a disgrâce to
the commonwealth of Colorado, and will long foster among
other peoples a humiliating and unjust judgment of the cit-
izens of that state.
48	Statements of a number of non-partisan witnesses who were présent at the
mass meeting.
49	The readoption of capital punishment.
[154]RASTALL--HISTORY OE THE CRIPPLE CREER STRIKE 155
The State Authorities
In every case in winch troops were nsed in the Colorado City
and Cripple Creek difficultés, they were called into action be-
fore such conditions existed as are generally considered to
warrant resort to state military power, viz., the commission of
such overt acts as to show the existence of a mob, or such a
condition of lawlessness as has gotten beyond the possibility of
successful local control.50 The troops were called out upon
the assertion that such conditions were imminent, not that they
existed, and final judgment as to the justice of the calls must
rest upon that point.
One side of the case is well put in the report of Colonel Ver-
deckberg, Commanding Teller County Military District:
“During my long and varied expérience in' the National Guard
of Colorado it has invariably oceurred that troops, when utilized
in sup pressing riots, insurrections and rebellions, were not or-
dered into the disturbed localities until lif e or property had been
destroyed, or, in other words, until a seemingly stronger argu-
ment presented itself for such a procedure than was taken in
the campaign just closed. Threats and intimidations were of
such a startling nature and of such frequent occurrence that,
continued longer, they would naturally hâve brought about a
more serious state of affairs and additional hardships to the
law-abiding citizens of the district and to the State in its sup-
presssion of lawlessness. Without doubt, therefore, in view of
the fact that the primary objeets for which military rule was
established in Teller county were satisfactorily accomplished,
the more speedily on account of its early inception and its pré-
ventive influence over the acts of lawless men and agitators,
and that its results hâve worked toward the betterment of con-
ditions throughout the county, the prompt action of your ex-
cellency in thus using the strong hand of the military before
bloodshed or the destruction of property could ensue was the
most important factor in the restoration of peace and order;
50 See pp. 75-77, including £. n., pp. 93-96, including f. n., and pp. 126 and 127.
[155]156	BULLETIN OF THE UNIVERSITY OF WISCONSIN
and this campaign' should establish a strong and valuable pre-
cedent.’ ’
The other side is represented in an éditorial from the Den-
ver Post.
‘ ‘ The situation at Cripple Creek is a reminder of the fact that
the President of the United States and governor of a State hâve
unlimited power in emergencies. .	.	.
“But there is nothing the governor of a state or the president
of the United States tries so earaestly to avoid as the exercise of
the power now being used by Governor Peabody. Seldom has it
been used, and, indeed, the most odious conditions hâve been
tolerated rather than exercise naked, undisguised force. So
ail the presidents of the United States and ail the govemors of
States hâve hesitated long and well, and, indeed, there is no
modem example of the thing Peabody is doing, save Cleveland’s
famous act in Chicago. .	.	.
“In Cripple Creek the thing at which Peabody has struck
with ail the po'wer of the state is not physieal, as in Chicago,
but in the air. That is to say, men said they were afraid to
go to work; but there were no criminal acts. The governor’s
excuse for his action is that he levels the armed force of the
state against fear. To the man who cares nothing, sympatheti-
eally, one way or the other, but who has a regard for law, the
view of the matter is that the governor should hâve refused to
act until there was évident lawlessness and disorder.
“The fact of the business is that the reasons for Peabody’s
action would justify the seizure of ail union labor leaders on
the charge of treason, regardless of any strikes. In fact, it may
be doubted if the governor realizes what he is doing. The
real, vital interest in the thing is that Governor Peabody of
Colorado, has cast a dye which, unless he backs out, to use plain
words, means that organized labor is treasonable and, if his at-
titude is accepted, will mean the crushing of labor organization
by the govemment as being a society or organization which
challenges the supremacy of government. As soon as the country
realizes what is being done in Colorado it will be recognized as
a national issue.”
[156]RAS TARE-HISTORY OF THE CRIPPLE CREEE STRIEE 157
There can be but one judgment as to the use made of the
troops. State offieers represent the power of the people as a
whole; and when’ their authority is exerted it is theoretically
for the blind suppression of crime, and for the préservation of
order, in the interest of the general welfare, without regard to
class, order, or condition. When this power is exercised on
lines of partisan bias to directly further the interests of one
class as opposed to those of another, it is a perversion of the in-
tention of démocratie govemment, and calls for unqualified
condemnation.
Sherman M. Bell, Adjutant General, in general charge of
the troops, had been a rough rider in the command of Presi-
dent Roosevelt during the Spanish-American war. He retumed
to Colorado to be hailed as a popular hero for a time, but soon
lost the admiration of the public through his overbearing ways
and self-conceit. In the Cripple Creek campaigns his idea
seemed to hâve been to make the most gorgeous military dis-
play possible, and to give himself the largest notoriety as a mil-
itary leader.51 He was perfectly frank in the statement that
his entire intention was to aid the mine owners and to smash
the unions,52 and his conduct caused a large nimber of repré-
sentative Colorado citizens to give credence to the statement
that he was in the direct pay of the mine owners. Govemor
Peabody refused to hold himself responsible for many of the
extreme acts of the general, but if he was failing to carry out
the govemor ’s orders he should hâve been removed.53
The charges upon which Teller County was placed under
military rule were not proved to be well founded.54 The
state authorities failed to secure the conviction of any of the
criminals that it was claimed the local civil authorities Were need-
lessly and intentionally allowing to go free, and they thus
laid themselves open to the most serious charges of deliberate
51	See pp. 96-102, 110-116, f. n. 2.
52	See p. 99.
53	See pp. 99, 110, including footnotes. Also various interviews during the
period of military rule.
54	See pp. 115, f. n. 29; 109, f. n. 11; pp. 109, 110, 118. Also section on
Trials, Chap. VI.
[157]158
BULLETIN OF THE UNIVERSITY OF WISCONSIN
partisan action.55 The use made of State authority during the
second period of military rule, when city govemments were be-
ing overthrown and men being deported in large numbers, is
to be strongly condemned. The use of the militia to virtually
back armed mobs.56 and to give some show of legality to a
commission which. on its own admission was forcibly déport-
ing men simply for refusai to leave a certain organization,57
was, in the opinion of the author, a perversion of public author-
ity, of the most vicious type. It is true that the commission
had to deal with some men of criminal type, and in their dé-
portation there may hâve been some justice, but when the
associations started avowedly and deliberately to wipe a
legal organization ont of existence,58 state authority should
hâve had no choice but to intervene. We may find some
excuse for the citizens of the district, beside themselves with the
horror of the days before, but the public authorities lost an
opportunity for the display of that broader wisdom, and stabler
judgment, overriding the frenzied passions of the moment, that
should be a chief glory of the state.
INDICTMENT OF WESTERN FEDER-
ATION BY MINE OWNERS’
ASSOCIATION.
(1.) That a large number of criminals
and lawless men bave been welcomed,
supported and sheltered by the Western
Fédération of Miners.
(2.) That the officers of that organ-
ization and a large number of the mem-
bers, while perhaps not committing
crimes themselves for which they can
be prosecuted, do directly and indirectly
advise or encourage the lawless among
them to commit crimes.
INDICTMENT OF MINE OWNERS’ AS-
SOCIATION BY WESTERN
FEDERATION
(1.) That a large number of ex-con-
victs, gamblers, desperadoes and other
criminals hâve been and now are, know-
ingîy employed and paid by the Colorado
Miné Operators’ Association and the
citizens’ alliance in Cripple Creek, Tel-
luride and elsewhere in the state as
deputy sheriffs, guards, détectives, etc.
(2.) That the officers of these organ-
izations and a large number of their
members hâve not only committeft
crimes themselves, for which they could
and should be prosecuted and punished,
but the organizations as such, hâve di-
rectly and openly aided and abetted the
same, and their members hâve boasted
and approved of such crimes.
55	IUd.
56	See pp. 125, 126, 128, 130-33, 136, includimg f. n. 33.
57	See pp. 129, 130, including footnotes.
68 See pp. 116, 126, 142, 146.
[158]EASTALL--HISTOEY OE THE CEIPPLE CEEEK STEIKE 159
(3.) That these officers and this élé-
ment preach disrespect for the law and
contempt for the lawful authorities and
openly hnd publicly, as individuals, ap-
prove of and gloat oyer the slugiging,
dynamiting and murdering of non-union
men hy their criminal associâtes.
(4.) That where this organization has
had its members in local public offices,
or where it has had the power to influ-
ence peace officers and courts in! this
state, it has paralyzed the hand of jus-
tice and made it next to impossible to
convict members of the fédération caught
in the act of committing crimes.
(5.) That this organization, haying
formally and officially espoused the
cause of the so-called Socialist party,
is opposed to our présent form of gov-
emment and is aiming at its oyerthrow,
together with the abrogation of the
présent constitution’.
(6.) That this organization teaches
its members to regard the wealth they
produce from the property of others as
(3.) That the association and alliance,
while shouting hypocritically for “law
and order,” hâve openly defied the courts,
destroyed the liberty of the press, in-
vaded the sanctity of the home, caused
arrests without warrant, imprisoned men
without charges of crime, driven men
from the county after first robbing them,
and while declaring such men to be
eriminals of the deepest dye, hâve, with-
out compunction, dumped them on' neigh-
boring communities.
(4.) That wherever the association or
alliance hâve not had their members in
public office, they hâve, whenever deemed
necessary, ccmpelled by violence and in-
timidation, the résignation of duly
elected public officiais and the appoint-
aient of their own créatures to the so-
called vacancies. Wherever their mem-
bers or tools are in office, or where they
hâve had the power to influence peace
officers and courts in this state, the law,
as established since Magna Charta, has
been subverted by decisions which hâve
made the state subject of dérision to
the entire country, the hand of justice
has been paralyzed, and it has been
futile to attempt conviction of their
members, although caught in the act of
committing crime "and openly confessing
and boasting it. .	.	.
(5.) That these organizations hâve
formally and officially espoused the cause
of the so-called Eepublican party, which
they prétend to be still the party of
Lincoln. That each of them is opposed
to our présent form of government, and
aiming at its overthrow. To this end
they hâve destroyed and confiscated prop-
erty, destroyed the freedom of the press,
defied the courts, nullified the writ of
habeas corpus, exercised the right of
search without warrant, denied the right
of trial by jury, exercised the power of
banishment, denied the right of citizens
to keep and bear arms, and trampled
upon' every other guarantee of Personal
liberty made by the constitution of the
state and of the United States. .
(6.) That the organizations mentioned
teach their members that the sole aim
and end of existence is to acquire
[159]160
BULLETIN OF THE UNIVERSITY OF WISCONSIN
tbeir own, thus encouraging tîieft (of
ore, for instance) and also inflaming tbe
minds of its members against tlieir em-
ployer, against tbe law, against organ-
ized society and aigainst tbe peace and
safety of tbe public.
wealtb witbout producing it, and tbat
tberefore the metbods of trusts, stock
watering, stealing ore from neigbbors un-
der tbe guise of trespass, and otber
similar metbods used by predatory
wealth, are respectable, when compared
to the économie theory that wealtb
sbould belong to him wbo produces it.
COMPARISON OF THE STRIKES
The two Cripple Creek strikes permit some instructive com-
parisons. The first strike was entirely naturai in its origin, the
resuit of self-existing and compelling économie circumstances,
a great économie dépréssion, a large surplus of labor, great dif-
férences in a single occupation and small field, as to hours and
wages of labor. The second strike was as artificial in its ori-
gin as the first was naturai, the resuit of a forced labor move-
ment and of the manipulations of labor leaders. The first
strike worked itself out among frontier conditions, and illus-
trâtes remarkably the labor movement in its infancy in newly
settled régions. The second strike occurred among the condi-
tions of a most thoroughly developed industrial community,
and shows extreme types of organization and collective action.
Many of the contrasts between the strikes are those of entirely
different social1 stages. The resuit of the first strike was a def-
inite, settled, industrial condition, the resuit of the second the
entire élimination of the power of one organized factor.
The use of state authority had a very close and vital connec-
tion with both strikes, and with suggestively contrasted results.
The conditions of the first strike were generally favorable to
the mine owners, and it seemed practically impossible for the
miners to win the fight. But the power of the state was inter-
posed in their favor and they won. In the second strike the con-
ditions were decidedly favorable to the miners. They were
strongly intrenched in power, thoroughly organized, and had a
large financial baeking. But the power of the state was exerted
in favor of the mine owners and they won. In both strikes the
state held the balance of power, and the sympathetic use of its
authority reversed the expected resuit, in the first case in favor
[160]RASTALE----HISTORY OF THE GRIPPEE CREEK STRIKE 161
of one side, and in the second in favor of the other. There is
a suggestion here of a probable lack of appréciation of the
strength of the state as a factor in past labor history, and of its
possible importance in the future.
Both the Cripple Creek strikes point clearly to the fact that
the ever-recurring dispute between civil and military author-
ities when both are being actively exercised in the same area,
has yet to be settled. It may not be out of place here to throw
out a suggestion that the fédéral govemment might well carry
the nationalization of the state milita a step further, and ar-
range that whenever called into active service for more than a
very brief time it shall be placed under the command of a regu-
lar army offieer. State military authorities are of political ap-
pointaient, and likely to be of small military expérience or
knowledge. It is not to be expected but that such men should
incline to over-importance when called into sudden authority,
should think little of overriding the civil authorities, and should
use their power in full consciousness of political exigencies, or
that when they are called to a community violently opposed to
them in politics a storm of protest should be raised. The United
States army offieer is a man of training and legal knowledge,
versed in the quiet exercise of authority, and used to his power.
He would at least be free from the blinding effect of local pol-
itical interests, and his authority would tend to be more judic-
iously used, more unquestionably accepted and more thoroughly
respected by both sides.
No especial discussion need be given of the part played by
politics in the Cripple Creek strikes. Every phase of the con-
flicts had its political as well as industrial aspects. So com-
pletely was the political element involved that the whole nar-
rative can be read with reference to its political disclosures,
and the significance of the struggle is as deep politically as in-
dustriallÿ.
There is a lesson to labor unions, though not of an unusual
sort, in the second strike, in the danger from loss of democracy
and minority rule. The hope of unionism lies in its self controL
Intelligent interest upon the part of the great mass of the mem-
bership, and the rétention of local ballot control, are essential
[161]
11162
BUI/LETIN OF THE UNIVERSITY OF WISCONSIN
to safety, and the danger to labor from a powerful body super-
ior to its eontrol is as great when that body represents its own
organization as when it represents the ever-decried Tanks of
capitalism. When the nnion miners of the Cripple Creek Dis-
trict allowed their active interest to flag, and permitted minor-
ity eontrol, which in tum delegated its power to a radical com-
mittee, they invited almost certain downfall.
SIGNIFICANCE OF THE I/ABOR HISTORY
The final Cripple Creek strike is to be partially explained in
terms of its approach to f routier character. The psychologist
will wish to trace the effect of the great altitude as it Works
to make men more irritable and easily excited, and to make
easy, sudden and extreme bursts of passion. But the fuller ex-
planation of the violence, the bitterness, and the disrup-
tion of the community must be sought in the geographical
and political isolation of the district, and the centering of its
whole industry in mining. The miners unions included so
large a preponderence of the district workmen, and had such
complété sway of the local trades council, as to represent pract-
ically the laboring class. When mining ceased business ceased.
Who struck a blow at mining struck a blow at the entire busi-
ness interests of the district. One line of cleavage divided the
district, and he who did not stand on one side found it hard
not to stand on the other. Hence the solid front of the Mine
Owners’ Association, and Citizens’ Alliance. United labor on
one side, and united business interests on the other. This gen-
eral économie cleavage continued naturally into the political
arena, each of the two parties rallying an interest to its banner.
The political struggle was resultingly heated and severe, and
much partisan bias was to be expeeted of the successful candi-
dates. A people was split into two great classes economic-
ally and politically for the working out of an industrial crisis.
The Cripple Creek strike stands in one way for partial fron-
tier conditions, in another it may represent the completion of
a modem industrial development ahead of its time. Recent
movements in the industrial field, the intense labor union activ-
[163]RASTAEE--HISTORY OE THE CRIPPEE CEE EK STEIKE 163
ity, the efforts for more inclusive and far reaching organization,
and the growth of the sympathetic strike, on one side ; the form-
ation of various types of employers associations and citizens al-
liances, with state and national affiliation, on the other, ail
point in the same direction — toward the widening of the areas
of conflict — a more general and complété engagement of soc-
ial forces when an industrial dispute is to be settled. Any in-
fluence that précipitâtes the generalizing of the movements can
easily find its way into the politisai field.
In the Cripple Creek District this movement has completed
its development, and the final issue has been f ought to a finish.
Other communities and sections approach the same conditions.
There do not lack of indications of a general current sweeping
the entire nation tosuch a final issue. History will tend to repeat
itself when the culminations corne. It may well be that in the
throes of the Cripple Creek conflict lie auguries of the future,
lessons for both parties to the strife, and for the “powers that
be” in state, in county, and in town.
The strike may be summarized thus :	The unions sowed class
consciousness, and it sprang up and destroyed them. Contrai
passed from one class to another, and in the Cripple Creek Dis-
trict class rule is suprême.164
BUXIiETIN OF THE UNIVERSITY OF WISCONSIN
BIBLIOGRAPHY
THE STRIKE OF 1894
Canfield, John G., Mines and Mining Men of Colorado, Denver,
1893.
T ange, Thomas, Colorado Minerai Resources.
Calhoun, W. C., Colorado ’s Gold Fields, Quarterly Sentinel,
Jan., 1897.
Wells. David C., The Teaching of onr Recent Economie Expéri-
ences, Forum, Jan., 1894.
Proudfit, John W. & Co., Cripple Creek, Colorado Springs, 1895.
Warren & Stride, Cripple Creek Illustrated, Denver, 1896.
Manning, J. F., The Wonderful Cripple Creek District, Colo-
rado Springs.
De LaVergne, E. M., Early days of Cripple Creek, Colorado
Springs, 1894.
Mining Stock Manual, Colorado Mining Stock Exchange, 1896.
Hall, Lincoln H., Official Cripple Creek District up to Date,
Cripple Creek, 1896.
Biennial Report of the Adjutant General, Colorado, 1893-1894.
Fourth Biennial Report of the Bureau of Labor Statistics, Colo-
rado, 1893-1894.
Messages of Govemor Waite to the Législature.
Impression Copies of Orders to Colorado State Militia, May
and June 1894. Office files of the Adjutant General.
Report of the United States Commissioner of Labor 1905. La-
bor Disturbances in Colorado, Senate Document No. 122,
58th Cong. 3d. Session.
Langdon, Mrs. Emma F., The Cripple Creek Strike, Denver,
1905.
Calderwood, John, Réminiscences of the Cripple Creek Strike,
(Not published).
[1641RASTAEL--HISTORY OF THE GRIPPEE CREEE STRIEE 165
Officiai Statement of Miners’ Unions, Cripple Creek Crusher
June, 1894.
A-meneau State Reports, Vol. 44. pp. 127-133.
Mills’ Annotated Statutes of Colorado, Vol. 1, Sec. 856; Yol. 3,
Sec. 3294 A.
District Court Records, Colorado Springs, March to May 1895.
People vs. D. M. McNamara and others.
People vs. Jackson Rhines.
People vs. Robert Dunn and others.
People vs. Robert Lyons and others.
People vs. Nicholas Tully and others.
Colorado Newspapers for the entire strike period.
Cripple Creek Crusher.
Colorado Springs Gazette.
Evening Telegraph, Colorado Springs.
Rocky Mountain News, Denver.
Republican, Denver.
Times, Denver.
Post, Denver.
THE STRIEE OF 1903-1904
Spécial Report of the United States Commissioner of Labor
1905. Labor Disturbances in Colorado, Senate Document
No. 122, 58th. Cong. 3d. Session.
Official Statement of the Colorado Mine Operators’ Associa-
tion. Senate Document No. 86, 58th. Cong. 2d. Sess.
Official Statement of the Western Fédération of Miners. Sen-
ate Document No. 163, 58th. Cong. 2d. Sess.
Ninth Biennial Report of the Bureau of Labor Statistics,
Colorado, 1903-1904.
Biennial Report of the Adjutant General, Colorado, 1903-1904.
Biennial Report of the Auditor of State, Colorado, 1903-1904.
Official Proceedings of the Ahnual Conventions Western Fédér-
ation of Miners of America 1902, 1903, 1904, 1905.
Stenographer’s Manuscript of Testimony before Coroner’s Jur-
iés in the Yindicator Explosion, Independenee Explosion,
and Victor Riots.
[165]166
BULLETIN OF THE UNIVERSITY OF WISCONSIN
District Court Records, Cripple Creek, 1903, 1904, 1905.
Stenographer7s Manuscript in District Court Case No. 752,
(Train Wrecking).
Criminal Record of the Western Fédération of Miners, Com-
piled b y the Colorado Mine Operators7 Association. Colo-
rado Springs 1904, “The Red Book.77
Reply of the Western’ Fédération of Miners to the “Red Book”
of the Mine Operators7 Association, Denver, 1904. “The
Green Book.7 7
Walter Wellman7s Indictment of Moyer, Haywood, and the
Western Fédération of Miners. Pamphlet by Mine Owners7
Association, Cripple Creek, 1904.
Langdon, Mrs. Emma F., The Cripple Creek Strike, A History
of Industrial Wars in Colorado. Denver, 1904. Officially
adopted by the Western Fédération.
Bartholomew, H. E., Anarchy in Colorado. Who is to Blâme?
Denver, 1905.
Baker, Ray Stannard, The Reign of Lawlessness, Anarchy and
Despotism in Colorado, McClures, May 1904.
Mills, J. Warner, The Economie Struggle in 'Colorado, The
Arena, 1905-1906.
The Miners7 Magazine, Denver, 1903, 1904, 1905.
Wilshires Magazine, New York, 1903, 1904, 1905.
The Appeal to Reason, Girard, Kas., 1903, 1904, 1905.
Colorado Newspapers for the entire strike period:
The Post, Denver.
The Republiean, Denver.
The Times, Denver.
The Rocky Mountain News, Denver.
The Gazette, Colorado Springs.
The Evening Telegraph, Colorado Springs.
The Times, Cripple Creek.
The Record, Victor.
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