Hellraisers Journal: Major McClelland of Colorado: “To Hell With the Constitution, We Are Going by the Governor’s Orders.”

“TO HELL WITH THE CONSTITUTION.”

“To hell with the constitution. We are going by the governor’s orders,” said Major McClelland, acting judge advocate and counsel for the military authorities, according to the statement of Attorney John M. Glover [published in the Victor Daily Record of October 4th]:

I was in the office of District Attorney Trowbridge when Tom McClelland and Willis V. Elliott were preparing information against Editor Kyner for libel. Referring to the seizure of the office of the Victor Record, I said to McClelland, “Your people apparently have not much respect for the constitution. That was a blow at the freedom of the press,” to which McClelland replied: “To h— with the constitution. We are going by the governor’s orders.” To which I replied: “We will have some of you fellows pleading for your liberty before a jury where the governor’s orders don’t go.” McClelland replied: “We will take care of that when we come to it.” Elliot was present and heard this conversation.”

Immediately upon the appearance of the foregoing, McClelland denied that he made the remark that he was not going by the constitution, which at once brought forth the following from Mr. Glover:

Cripple Creek, Colo.,
Oct. 5, 1903.

Editor of the Daily Record, Victor, Colo.:

Dear Sir:—The conversation reported in your issue of October 4, as having occurred between Thomas McClelland, judge advocate of the National Guard and myself, took place explicitly and exactly as stated by your correspondent. My version of the matter will be accepted by the people of this section and by any jury before which McClelland shall be tried. I repeat that this conversation took place in the immediate presence and hearing of Willis V. Elliott, also an officer of the National Guard, and I cherish the hope that Mr. Elliott has too much regard for his honor and his uniform to join in McClelland’s denial.

Very truly yours,
JOHN M. GLOVER

[Newsclip and emphasis added.]