Hellraisers Journal – Thursday February 18, 1904
Cripple Creek, Colorado – District Court Dismisses Case Against John M. Glover
From the Moberly Evening Democrat of February 11, 1904 Colorado Militia’s Case Against Rep. John M. Glover Dismissed:
SECOND CASE DISMISSED.
The case against John M. Glover, formerly Congressman from Missouri, for having shot at Sergeant Smith, was dismissed at Cripple Creek, Colorado, yesterday in the District Court on the ground that the accused could not be tried twice for the same offense. Glover had already been found guilty of an assault upon Sergeant Dittmore.
Before sentence in the latter case is passed Mr. Glover will appeal to the Supreme Court.
The cases of General Sherman M. Bell and General Chase, charged with unlawfully imprisoning citizens in the bull pen while martial law was in effect, were then taken up.
[Newsclip from Salt Lake Tribune of Jan. 16, 1904, added.]
[Emphasis added.]
Hellraisers Journal – Friday January 2, 1904
Military Despotism Rules Cripple Creek, Telluride and Southern Colorado
From the Duluth Labor World of January 2, 1904:
TEXT:
WILL THROW MOTHER JONES IN BULL PEN Mother Jones Strongly Excoriates the Tyrant and Gov. Peabody.
Denver, Colo., Dec. 24-…General Bell, smarting under the stings of “Mother” Jones’ masterful excoriation of himself and Peabody, declares in stringent tones that if opportunity offers he will slap her in the bull pen. That declaration was unnecessary. Those who are at all acquainted with his record know grey hairs, womanhood nor any other of those things which true men revere and hold sacred are as nothing to him if they stand in the way of groveling service to his masters.
Editorial Suppressed.
The Victor Record, the official organ of the strikers, has had a military patrol and censor placed at the office. George E. Kyner, editor, was notified that no editorials reflecting in any way upon Governor Peabody or the militia would be allowed, nor could the daily official statement prepared by the miners’ executive committee be published. Next day the Record came out with a black-faced heading “Record Reflections”- a two-column blank space with a border, on the editorial page, indicating that the matter, whatever it was, had been suppressed.
The official statement of the Miners’ Union which was suppressed follows:
“The governor of the state of Colorado has today pretended to declare martial law in the Cripple Creek district. There is absolutely no justification for this outrage. The strike has been on for three months and but one serious crime has been committed and that cannot be laid to strike conditions. The alleged attempt to wreck a railroad train is a trick plot of two detectives employed by the mine owners.
“The Vindicator matter was an accident, or a crime committed by someone employed by the mine owners.
“The mine owners have lost the strike and hence their desperation.-District Union NO. 1, W. F. of M.”
Hellraisers Journal – Tuesday October 13, 1903 Major McClelland Explains Military Despotism in the Cripple Creek Strike Zone
Report of Emma F. Langdon of Victor, Colorado:
“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.
Hellraisers Journal – Thursday October 1, 1903 Cripple Creek, Colorado – Judge Seeds Defends Constitutional Government
Cartoon by A. W. Steele of the The Denver Post:
Report of Emma F. Langdon of Victor, Colorado:
Judge Seeds Thursday morning (September 24) notified General Chase to be present in court with his prisoners [Parker, Campbell, Lafferty, McKinney] before 2 o’clock in the afternoon, as promptly at that hour he would render a decision in the habeas corpus case.Chase stated that whatever the decision of the court might be, he would certainly bring the prisoners back to Camp Goldfield unless otherwise ordered by the governor of Colorado. At 1:30 the military appeared with the same old pomp, minus the gatling gun. (Formerly of Wyoming.)
After patiently listening for several hours, Judge Seeds ordered the prisoners released and handed over to the civil authorities, and gave reasons for his decision in a long and carefully compiled argument from which I quote a few:
[Judge Seeds Speaks:]
If the court shall err in its conclusions, it will be no fault of the able counsel who appear for and against the prisoner. Extraordinary industry has been displayed by counsel in the production of authorities, and the questions involved have been discussed with unusual ardor, eloquence and logic. As the result of counsel’s labors, and the great attention and consideration the court has given to their arguments and authorities, it feels clear in its conclusions, and can announce them without any misgiving.
The importance of the questions cannot be over estimated. They embrace not only the power and authority of the commander of the military forces of the state over the freedom of the citizens in times of local disturbances that may more or less imperil life and property, but also the very fundamental principles of American liberty…..
For the reason that the governor recites in the order, he directs the brigadier general commanding the National guard to forthwith order out the troops, etc., specified, to properly enforce the constitution and laws of the state, and to prevent the threatened insurrection and to protect all persons and property in said county from unlawful interference, and to see that threats, intimidations, assaults and all acts of violence cease and that public peace and order be preserved. I take it that what all these commands mean is that the brigadier general should, with the National guard, support and enforce the laws within the prescribed district. That the case presented by the petition required that the habeas corpus should issue as prayed admits of no question. The question is, does the executive order, admitting all that it recites as the basis for it, to be true, and that General Chase arrested and detained the prisoners by virtue of that order, constitute a justification of the act……
The threatened insurrection referred to in the order was in connection with a strike in the Cripple Creek district by the metaliferous miners. It is not denied that they quit work peacefully; but it was feared by some and claimed by others that in the course of the strike persons would be injured and property destroyed and that the insurrection was threatened by an organization known as the Western Federation of Miners to which the striking miners belonged. Whether the fear was well or ill founded it is not for the court to say. It will accept the statement in the executive order as the truth. It feels bound to do so from the respect which one of the co-ordinate branches of the state government should always entertain for the other two…..
I take it to be fundamental that, except a state of war exists, a state in which all civil authority is overthrown, what is known as “martial law” cannot exist or be declared under our state constitution…..
Hellraisers Journal – Wednesday September 30, 1903 Cripple Creek, Colorado – General Bell Captures Town as Miners Marched to Court
Cartoon by A. W. Steele of the The Denver Post:
Report of Emma F. Langdon of Victor, Colorado:
Friday Sept. 18, was the day the prisoners [Messrs. Parker, Campbell, Lafferty and McKinney] were to be produced by the military. The writs issued by Judge Seeds being returnable on that date. Tom McClelland appeared in the district court that morning to represent Generals Chase and Bell, who were not present, and asked for a continuance of the habeas corpus cases for five days. This was refused by Judge Seeds, on the grounds that the respondents had made no return upon the writ, neither producing the prisoners in court, or showing cause why the order of the court had not been complied with. McClelland then stated to the court that if given until 2 o’clock in the afternoon, he would make a return on the writ and then argue the question of continuance.
When court convened at 10 o’clock McClelland arose and, with folded arms, addressed the court, stating that he represented the respondents, Chase and Bell, and on their behalf asked for a continuance. He said: “A great many question are involved in this case, and owing to the duties of the military camp I have not had the time to prepare such an answer as I would like to present to this court. Under this statute it is discretionary with the court to allow five days for an answer. I would, therefore, ask until Monday morning or longer to do so.”
General Eugene Engley, counsel for the prisoners, objected. He said: “There has not been sufficient showing to warrant the continuance sought by Brother McClelland. The statute is very clear on this point. It says that only upon the return of the writ a day shall be set for a hearing. A continuance must be made after a return of the writ, which has not been made. Whether an imprisonment has been made by the military forces or by civil officers, that person ought to know before making an arrest what is the authority for doing so, and he should be ready at any time to make a showing of his position.” McClelland said that upon the return that day the court might make an order for continuance, either for making a return or for a hearing.
John Murphy, general attorney for the Western Federation said: “The order of this court was to produce these prisoners. The respondents are in contempt because they have not done so, and have given no reason to the court why they have failed to produce the prisoners. Without warrants citizens of this commonwealth have been thrown into prison. The military is only the reserve police of the state, and cannot hold a man longer than absolutely necessary to take him before a magistrate.’’ The court said that section 2108 of the code contemplates a return of the parties to whom a writ is directed. He added: “That would be a foundation for the court to consider the questions at issue. Upon that the court would be advised that there are matters subject to trial. It would then be within the province of the court to fix a time for a hearing. Moreover, it is the judgment of the court that on a proper showing the time of the return may be extended, but that the showing must be one upon which the court should be advised that more time may be necessary. Mr. McClelland’s showing is not sufficient. It should be supported by facts and circumstances.”
Hellraisers Journal – Saturday September 12, 1903
Cripple Creek District, Colorado – Citizens Protest Against Military Despotism
Report of Emma F. Langdon of Victor, Colorado:
Citizens of Victor Protest
Emma F. Langdon
There was sent out in the district a few circulars announcing a meeting on the corner of Fourth and Victor avenue, Sept 5, at 4 o’clock for the purpose of making a formal protest against the outrageous proceedings and declaring against the threatened establishment of martial law, and for the purpose of placing the community of law-abiding Americans in the proper light before the world. The meeting was called for the purpose of passing a resolution that would express the sentiment of the people of the district. In answer to the few circulars sent out, hundreds of representative citizens gathered and held a rousing enthusiastic meeting.
J. E. Ferguson of Victor, was elected chairman of the meeting and delivered the following address:
It is a very extraordinary occurrence which has, on such short notice called out this vast assemblage of law-abiding citizens. We are today confronted with a condition which calls forth from the breast of every peace loving, law-abiding citizen expressions of condemnation such as he has never before felt.
Without any provocation whatever we have in our midst an army of soldiers but for what purpose has not yet been declared. Last night while the community was asleep this body of armed men were unloaded in our midst. Up to this hour, I am informed, they have not officially made known to the sheriff or any other peace officer that they are here. Why are we thus afflicted? Why this array of soldiery and munitions of war? It is said that the governor of this state has sent them here and that he has been notified of the existence of that necessity. What peace officer has called for the aid of the state militia? I hear the name of Mayor French mentioned. Whether he is guilty or not I am not prepared to say, but if he is his actions do not show that he has acted in good faith. Mayor French is the mayor of this city. His authority as an executive officer extends only to the limits of his municipality. If there existed in his jurisdiction a necessity for troops why has he not had them sent to Victor? Not a single soldier is stationed within the city limits or so far as I am informed in any other city of the county. Your sheriff has called for no militia. He has need of none. The constitution of the state of Colorado gives power to the governor to call out the militia to execute the laws, suppress insurrection or repel invasion. Can it be said that any of these constitutional conditions existed as a basis for his recent action?…
It is now over three weeks since the present strike was declared and such a condition has at no time existed. I want to say to you as a citizen of your city, and as an officer of the law, for I am an officer of the court, that in over four years that I have resided in Teller county, I have not seen three consecutive weeks that were fraught with as little violence, as little disturbance, as little breaking of the law as the past three weeks have been. It has been charged that the mayor has been guilty of assisting in perpetrating this wrong upon this city and county. If the necessity existed, when did he wake up to his duty? Mr. French was mayor of the city last April and at that time there was not a property holder or renter of property who was not nightly and daily in fear of incendiary fire. House after house was fired all over the city, many of which were burned to the ground. Murder was committed by the setting of the fire. Yet this law-abiding mayor did not think of calling in the militia.
The purpose of this meeting, ladies and gentlemen, is to adopt a set of appropriate resolutions which I am informed has been prepared. It is proper that you should do so. Some action should be taken at once to show the powers that reign over us that we have been misrepresented. That we have no need of martial law, and I hope that proper resolutions will be adopted.
Hellraisers Journal – Friday September 11, 1903 Cripple Creek District, Colorado – Governor Sends the Militia into Strike Zone
Report of Emma F. Langdon of Victor, Colorado:
[Cripple Citizens’ Alliance]
Emma F. Langdon
About Sept. 1 there were many rumors of an alliance being formed in Victor. Upon investigation it was found there was an organization known as the “Citizens’ Alliance” in Cripple Creek. If there was at the above date, such an organization in Victor, there could not be one member located. Just what this organization hoped to accomplish in the Cripple Creek district was hard to understand, but it was not hard to understand from whence the spirit of the movement came. It required but little investigation into the membership to convince one that it was inspired by the mine owners; at least, the most prominent members are their lieutenants in the district. These men, it appears, first interviewed the Victor merchants but received a decided “turndown,” for which all friends of organized labor were grateful. The situation is different here from what it is in Denver. The great mass of people here are union people and just how a “Citizens’ Alliance’” could hope to accomplish any good for itself or anybody else is hard to understand. Just think of it; the idea of the business men, or anyone else of this district, organizing to fight organized labor. What has made the Cripple Creek district from a business standpoint? Has it been the generosity of the mine owners, or the work of organized labor in establishing a wage scale here that would put enough money in circulation to make business here in place of going to Colorado Springs.
In the city of Victor the news of the organization caused much amusement at that time, be it said to the credit of Victor’s business men.
[Home of Mr. Dennison, Union Miner, Burned]
[From] when the first non-union men began the work of building a fence at the El Paso, until the completion of the tunnel, there was enacted at the mine many disgraceful scenes of lawlessness. Guards at the mine had fights among themselves; insulted passers-by; stopped respectable people that had business to pass that way, at the point of rifles. They were, it was said, caught stealing. They made indecent exposures before innocent children; for which some of the men employed were arrested. The home of Mr. Dennison, a union miner, was destroyed by incendiaries on the night of Sept. 2, and while it was not proved positively that it was the work of the El Paso crew, evidence was strong against them. If they did not actually light the fire that destroyed the property, they, at least, made plain the fact that they were glad to see Mr. Dennison and family made homeless. While the house was in flames and the work of saving some of the household goods was in progress, the guards stood by and laughed and jeered. They did not offer to assist the unfortunate people. For that reason, I say if they were not instrumental in the burning of the building, at any rate, they made no secret of their joy at the sight of Dennison’s home being in flames.
[Large rewards were offered by the county officials and citizens for evidence leading to the arrest of those guilty of the assault upon businessmen Stewart an Hawkins, however] no reward offered for the villains that burned the home of Mr. Dennison, a union miner, and there was very little said of the matter by the enemies of organized labor.
[Governor Sends Investigating Committee]
When it was announced that an investigating committee was to visit the district a general expression of satisfaction was heard on every side. But, alas, that investigating committee—what a farce.
The members of the committee arrived [in Victor] over the Short Line Sept. 3, at 9:30 p. m. They were hastened through a back alley by F. M. Reardon to a rear entrance into the Bank of Victor, where they were met by Mayor French and a few other prominent citizens and held a short consultation, when they left for the residence of Nelson Franklin. The committee remained at the residence of Nelson Franklin about a half hour and then took the low line electric for Cripple Creek, where they went into session and held a long interview with Sheriff Robertson. They refused to talk. After the meeting with the mine owners they returned to Victor on a special car.
A telegram received at the Victor Daily Record office from Denver shortly after midnight said that the commission was in session at the National hotel in Cripple Creek and would not be ready with the recommendation for several hours. The commission consisted of Attorney General N. C. Miller, Brigadier General John Chase of the National guard, and Lieutenant T. E. H. McClelland, an obscure lawyer of Denver. No intimation was given out as to the possible conclusions.
The commission returned to Denver early the following morning, being in the district less than eight hours and only interviewed one side of the question.
[Troops Arrive]
September 4, about noon, the news reached the district that troops had been ordered to the gold camp and would arrive that night. The people were seized with consternation at this news. A wail of indignation went up from at least two-thirds of the entire population. The people at once understood the mission of the “investigating committee” and why they did not consult. all parties concerned. The first of the state troops arrived in the district Sept. 4 before midnight, and from then on for twenty-four hours they came until there was located, in one of the quietest, most conservative, law-abiding districts in the world, over 1,000 men with munitions of war sufficient to fight a small nation.
The all absorbing subject on the streets of Victor and in the entire district was the question of the arrival of the troops. The farce committee sent here by Governor Peabody to secure an excuse to bring the troops, returned to Denver Sept. 4, early in the morning, and immediately advised the governor to send the troops. Adjutant General Bell had his men in readiness. In fact, they were wearing their uniforms around Denver early in the morning and were simply waiting for the farce committee to report what had been agreed upon the day before.
Hellraisers Journal – Thursday August 13, 1903 Cripple Creek District of Colorado – Miners to Begin Strike Monday August 10th
Official Strike Call from the Western Federation of Miners
This is a copy of the official strike notice issued by the Western Federation of Miners which called the miners out on strike beginning Monday morning August 10th.
The Call
All members of the Western Federation of Miners and all employees in and about the mines of the Cripple Creek district are hereby requested not to report for wok Monday morning, August 10, 1903, except on properties shipping ore to the Economic mill, the Dorcas mill at Florence and the Cyanide mills of the district. BY ORDER OF DISTRICT UNION NO. 1.
The W.F. of M. issued the following statement regarding the necessity of calling the miners out on strike:
Manger MacNeil’s refusal to treat with us left us nothing to do but to order a strike and in so doing we adopted the only plan which promises certain success. In our proposals to him no mention was made of his failure to re-employ men who went out in the former strike, as he had agreed. we confined ourselves strictly to the question as to whether he was willing to pay the union wages demanded by his striking employees, and when he absolutely refused to do so or to recognize us in any way, our mission was ended.
Hellraisers Journal – Friday April 24, 1903
Colorado City, Colorado –Mill and Smeltermen’s Union on Strike, Part V
From The Miners Magazine of April 1903:
THE STRIKE IN COLORADO CITY.
[Part V of V: Miners of Cripple Creek Support Smeltermen]
The Cripple Creek Press, the official organ of organized labor of the Cripple Creek district (since suspended) had the following to say in its editorial columns of March 15:
The announcement of a settlement of the differences between the Mill and Smeltermen’s Union No. 125, of Colorado City, and the managers of the Portland and Telluride mills is pleasing to the people of this district, but the failure of the United States Reduction and Refining Company to enter into the agreement made by the other mills means something which is not pleasing. It means that unless the mines shipping to the Standard mill accede to the demands made upon them by the executive board of the Western Federation of Miners, that they quit shipping their ores to the said United States Reduction and Refining Company on Monday, that the miners employed by them will be called out by the Federation. It means that when these men are called out in support of their brothers on strike against the Standard mill, they will go out and tie up those mines so tight that Manager MacNeil will have a difficult time in getting material to keep his pet scabs at Colorado City employed. The Western Federation has done everything in its power to bring about an amicable settlement, and when Manager MacNiel refuses to accept the terms made by the managers of the other mills he places himself behind the pale of public consideration and the only thing now left for the mine managers who are shipping to his mill will be to whip him into line or submit to a strike of miners employed by them. There is no middle ground with the miners on this question. They will be compelled to insist upon the demands made by them being complied with or walk out.
The governor failed to keep his promise that he would immediately withdraw the troops, and the delay of the governor in issuing his order recalling the state militia caused the following to be issued from the headquarters of the Western Federation of Miners on March 17:
The representatives of the Western Federation of Miners, since the strike was declared at Colorado City, have at all times held themselves in readiness to confer with the mill managers for the purpose of bringing about an amicable adjustment of differences. For months previous to the strike, the officers of the Federation labored early and late to bring about an honorable settlement, which would prevent any open rupture between the mill managers and their employes. The officers of the Federation have given a respectful hearing to representatives in all departments of business, and at all times have shown a disposition to submit their grievances to a board of arbitration. Had the mill managers manifested as earnest a desire to pour oil upon the troubled waters as the Western Federation of Miners, the people of the state of Colorado would never have been compelled to forward protests against the executive of the state for his loyalty to corporate interests.
Had the mill managers exhibited even the slightest disposition to act in a spirit of justice to their employes the strike would have been averted and the treasury of the state would not have become a graft for military officials who are “bug house” when clothed with the uniform of blue. The militia of the state has been used for the purpose of inciting riot, but with all the infamous schemes concocted by Bell and Brown, the strikers have remained unruffled, and have shown to the people of Colorado that they are law-abiding, and that even uniformed ruffians could not goad them to acts of violence. The sheriff of El Paso county has demonstrated that he has been a willing auxiliary in the hands of the mill managers to exaggerate the conditions of the situation at Colorado City so that corporations which refuse to arbitrate could secure the militia to perform picket duty at the expense of the state.
The governor, toward the close of the interview Sunday morning, admitted without any solicitation, that the representatives of the Western Federation of Miners had gone more than three-fourths of the way and had been more than fair in bringing about a settlement and that he would at once issue an order to withdraw the troops. The governor admitted, after his personal investigation of affairs at Colorado City, that he was unable to connect the strikers with any violation of the law. In the interview that was held Sunday at the governor’s office to arbitrate with Manager MacNeil, the governor receded from his former agreement to withdraw the troops. He asked the representatives of the Western Federation of Miners for a further concession, namely, that he would immediately withdraw the troops providing that the Federation would withdraw all suits against the officers of the state militia. The representatives of the Federation were again magnanimous and accepted the proposition of the governor.
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