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Victor
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The
Cripple Creek
Strike:
a History of
Industrial Wars
in Colorado,
1903-4-5
By Emma Florence Langdon
pages 81 to 94
PORTLAND SETTLEMENT.
There was a meeting arranged between Mr. Burns and John Harper and Dan Griffis, of Miners' Union No. 32. These gentlemen met Mr. Burns at the Portland by appointment August 21 and discussed differences. Before they left Mr. Burns invited President Charles Moyer, of the Western Federation, Sherman Parker, Dan Griffis and John Harper to dine with him at the mine the following day. President Moyer and Mr. Parker did so. Before the dinner was over, an agreement was entered into by which the great Portland was declared fair. Mr. Burns was willing to ask the men to join the union and willing that the secretary of the union go on the property at any time. There was practically no contention between Mr. Burns and the committee, they simply came to an understanding.
The whole city went into a state of jubilee. Extra editions of daily papers were gotten out and the glad tidings spread quickly over the district. Everybody rejoiced. Mr. Moyer stated, on being interviewed, that he thought the settlement of the Portland difficulty was a great step toward a final settlement by the mines of the entire district.
Had a vote been taken at that date upon whom was the most popular man in the Cripple Creek district, James F. Burns, of the Portland company, would easily have been the winner. His broad and liberal policy has endeared him not only to the miners, but to all the residents of this community. What a contrast between this man and the average member of the inner circle of the Mine Owners' Association.
The following poem was written by Mr. William McCormick upon the announcement of the stand taken by Mr. Burns toward organized labor in the strike of 1903:
HERE'S TO YOU, JIM.
Here's to you, Jim, you've proved a friend,
Our grateful thanks we owe you.
We're pleased to see this trouble end,
And better now we know you.
A gentleman—you 've met us fair,
In friendly consultation;
Who merits and receives our share
Of warmest approbation.Here's to you, Jim, if in the past
There's been misunderstanding;
The stormiest voyage ends at last
With greater joy on landing.
When murky clouds obscure the sky
The lightning flash can clear it;
When to the rocks the ship is nigh,
Some skillful hand must steer it.Here's to you, Jim, you did not need
The aid of thugs with rifles,
Though well you know we never heed
Such unimportant trifles.
But you're the "hero of the hour,"
(I read that in the papers)
Oh, if you had the governor's power,
You would soon' stop these capers.Here's to you, Jim, in sparkling wine,
Or if you wish it—water,
A humble, homely muse is mine,
That never aims to flatter;
But still we wish some we could name
From you would take a lesson,
The "Overall Brigade" looks tame,
With aye a Sunday dress on.Here's to you, Jim, the best of luck
We hope will still attend you,
Be sure we will not see you stuck
For aught we can befriend you.
You've stood by us, we 'll stand by you,
No more a fence divides us,
So here's to Burns, mine, mill and crew
Until the green sod hides us.
The United States Reduction and Refining Company are well able to pay the same scale of wages as is paid by Mr . Burns at the Portland mill and if the Mine Owners' Association had told them so in unmistakable language and informed this mill that it would receive no more ore from their mines until the union wage scale was paid, the whole trouble and strike would have been settled at the very beginning of the strife.
Everybody expressed themselves as greatly pleased at the starting up of the Portland. Mr. Burns met with an ovation everywhere. He left on the Short Line late in the afternoon after the settlement and there was a crowd of 500 union miners at the depot to see him off. The miners cheered him heartily as the train pulled out. He tipped his hat and smiled in reply.
On the night of August 26, the first shift of two hundred and twenty-five men were put on. There was a little difficulty over a record the men were asked to sign, but the strike committee met Mr. Burns and the matter was soon adjusted. Mr. Burns changed the record to be signed to suit the committee, and in every case more than complied with the wishes of the Western Federation.
At the mine that evening, when the men reported for work, Mr. Burns addressed them, stating that it was "very evident that they were good union men or they would not have gone down the hill when they were called out. And hoped that they would pay up their dues and continue loyal to the union." He spoke of the pleasant relations between the management and the men' and hoped that they would continue so. At the conclusion of his remarks he was heartily cheered.
Sherman Parker, representing the Western Federation of Miners, responded to Mr. Burns. lie stated that he wanted to express the thanks of the men to Mr. Burns for his courteous and reasonable treatment of them.
The men took their stations and the biggest gold mine in the Cripple Creek district was soon running full blast and as a union mine.
The Portland in a few days had all its old men back, consisting of 575 of the best miners in the Cripple Creek district. The writer is willing to confess to a feeling of partiality for the Portland.
The general public experienced a belief that the starting of the Portland with all union men would have a great influence on the mine owners. It was expected at that time that the other mines would soon fall in line and at once settle all differences existing. But the strikers soon found to the contrary. Mr. Burns was so kind as to write the following statement upon request. He plainly defines his feeling toward organized labor over his own signature.
James F. Burns
Colorado Springs, Colo., November 14, 1903.
Mrs. Emma F. Langdon, Victor, Colorado.
Dear Madam: Agreeable to your request that I furnish a statement of the position of the management of the Portland mine during the labor troubles of '94 as well as during those of the present year, for your "History of the Cripple Creek District," I take pleasure in submitting briefly as follows:
During the time of what was known as the "Bull Hill War," or more correctly speaking, the labor troubles of 1894, the Portland was working about 125 men, while the principal officers and stockholders—including myself—lived at the mine and were in the closest possible touch with all employes, knowing each other personally. During the time that trouble existed elsewhere in tne district, everything went smoothly at the Portland. We had been paying $3.25 per shift of nine hours, which permitted the working of only two shifts. We promptly made a new scale of $3.00 for eight hours, which was accepted by the union and three instead of two shifts were put to work. Our mine was the only one of any consequence to operate continuously during this strike and the scale then adopted has governed ever since.
The strike of the present year was called in support of the mill strike then on in Colorado City, and through a wrong impression on the part of the unions that the Portland was shipping to an "unfair" mill, the men were called out on our property as well as the others. But upon learning their mistake, the matter was soon adjusted, putting more than 500 men back to work.
Aside from a kindly feeling that every humane employer must naturally have for his employes, we have always looked upon these matters as a strictly business proposition.
The employe goes into the labor market to sell his labor, and as employers desiring to purchase this labor, we have always been willing to treat with him individually or with any person or concern he may appoint as his agent, whether it be union or otherwise. Always recognizing that labor has an equal right with capital to organize or combine; we feel that we have no more right to dictate whether or not our employes belong to a union than we have to dictate whether or not they belong to some church. What we desire is efficiency in the labor we employ and we know we have it to a higher degree in the present union force than could be obtained from any new set of men until after they had been schooled for a long time in our employ. Therefore we are content, and believe we have at the mine and mill about 700 of the best men in the Rocky mountains. I remain,
Yours very truly,
JAMES F. BURNS, President of the Portland Gold Mining Company.
I will ask the reader to go with me for a short time and we will leave the Cripple Creek district for a few moments and make a trip to Idaho Springs. It may seem just a little foreign at first to the reader, but I think there are several points pertaining to law and lawlessness in that case too good to omit from my little history of labor troubles. The destruction of the Sun and Moon property and the action of the sheriff of Clear Creek county, the "Citizens' Protective league," and the part Judge Owers played in the game attracted widespread attention. I am sure there was not one loyal union man in the state that did not deplore the destruction of the Sun and Moon property at Idaho Springs, and would like to see the person or persons who perpetrated so dastardly a crime punished to the fullest extent of the law. And yet the W. F. M. was condemned at once for this crime and their officers and members at once dragged from their homes and families.
It will be remembered that in the latter part of July, 1903, after the destruction of the Sun and Moon property by unknown persons, the sheriff of Clear Creek county, biased in his judgment by his prejudice against labor unions, showed by his action in arresting innocent men, peaceable and law-abiding citizens of Idaho Springs, dragging them from their beds at night and next day turning them over to a band of capitalistic anarchists, known as "Citizens' Protective League," that his only reason for such arrest was that they were members of the W. F. M. If, even supposing they were guilty of the crime, why did he not hold them in jail until they were tried by the proper court as provided by the laws of the state of Colorado, and let the law take the proper course? The sheriff's action at that time was denounced everywhere. There were few unions that failed to have printed resolutions condemning the outrageous action of the sheriff in turning over to the "Citizens' Protective League" these men, who were "innocent" at least, "until proven guilty."
It will also be remembered that the action of the so-called "Citizen's Protective League" was roundly scored for usurping the functions of the properly constituted authorities of the county of Clear Creek, and becoming a law unto themselves, without even the formality of a trial; have exiled, a la Czar of Russia, several of the old-time residents of that city; men of family and property holders, who had always merited and had the respect and confidence of their fellow citizens in that community.
Judge Owers, as soon as he could do so, issued an injunction against every member of the "Citizens' Protective League, restraining them from in any way interfering with the eighteen members of the Idaho Springs Miners' union, who were driven out of town just after the blowing up of the compressor of the Sun and Moon mine.
Immediately after the issuance of the restraining order the attorney representing the eighteen miners and the Western Federation of Miners offered criminal complaints against the members of the "Citizens' Protective League," of Idaho Springs. Warrants against each of them were issued and the sheriff was instructed to arrest all of them and instruct each one to appear before District Judge Frank Owers, at Georgetown. In issuing the order Judge Owers said, August 10:
"This complaint states nothing but that which is a right of every citizen of the land, the right to attend to his business and stay at home if he desires. The restraining order must be granted.''
In brief, I will state, it is said that before the night of August 11 there were forty-two citizens prisoners, all arrested under warrants issued by Judge Owers. It was said that among the number arrested were some of the most wealthy and prominent citizens of Idaho Springs, the president of the First National bank, cashiers of banks and other prominent business men; in fact, the judge in issuing the warrants was no respecter of the positions the men held. Every man suspected of being implicated in the disgraceful affair was placed under arrest.
Judge Owers claims that for officers of the law ever to be overpowered by a mob is a shame to any community that claims to be civilized. Judge Owers said the action of the Idaho Springs mob—he took pains to use the accurate term—in running out of town with threats of violence, the officials of the miners' union was "sheer anarchy, an outrageous violation of rights guaranteed by the Constitution to the humblest person."
The stand taken by Judge Owers created a great sensation. Much was said and written on both sides of the question. Sermons were preached in Denver and other cities, upholding the action of the judge. The minister of Bethany Baptist church (Denver), Rev. Henry W. Pinkham, preached on the subject and ended his sermon in the following words:
''The remarks of Judge Owers on the situation and principles involved have been most refreshing. There is no need to add to them, but it is fitting to say, thank God for such a man on the bench at such a time.''
OWERS' REPLY TO GOVERNOR PEABODY.
Replying to a published interview with Governor Peabody on the Cripple Creek strike, Judge Owers at once answered as follows:
"To His Excellency, Hon. James H. Peabody, Governor of Colorado:
"Dear Sir:—In the News of Saturday, Aug. 15, 1903, you are reported as having in an interview of the labor troubles at Cripple Creek, spoken as follows:
" 'I anticipate no trouble, however, either here or at Cripple Creek. The miners are beginning to understand that they cannot violate the law. They cannot assassinate men, neither can they destroy property. Not even if they do have the protection of District Judge Owers. For that reason I do not think we will have to order the militia out any place. But they must all understand that order must be preserved if they do not want the state to take a hand.'
"When I casually read the interview, I dismissed it from my mind as an error, on the theory that no man occupying the position of governor of this state, could be so lacking in all sense of decency and justice as to make such a statement about a member of the judiciary. It occurred to me, that you, as a gentleman, would naturally seize the first opportunity to correct the error in the evening papers, and thus attempt to acquire some portion of the public esteem.
"This you have not done, and I now realize that you are not entitled to the benefit of the doubt, and that even had you done so, your effort would have been futile, as the matter would have then resolved itself into a question of veracity between yourself and the reporter. In your interview you give the miners credit for 'beginning to understand that they cannot violate the law.' Do you fix the intelligence of the Idaho Springs rioters at so low a standard that you were unable to state that they, too, 'are beginning to understand' and, if so, when will you inform them in the words used to the miners that they, also, must understand that order must be preserved, if they do not want 'the state to take a hand?'
"In the interview you directly charge the miners of the state as a body, with violation of the law, assassination and destruction of property, and me, as a district judge, with protecting them in the commission of each and all of these crimes.
"The law presumes all innocent until proven guilty. I am not aware and have not heard that any miner has as yet been tried, let alone convicted, of any crime connected with recent labor troubles in this state. I have not heard that any miners, either as individuals or as a union or otherwise, have openly boasted of the commission of any crime or misdemeanor, or openly avowed responsibility for, or approval of the same in any manner, let alone by adopting and publishing resolutions approving thereof, and offering to aid and abet the same. On the other hand it is a matter of common knowledge that in Denver, Idaho Springs and elsewhere throughout the state, an organization has openly assumed the responsibility, and boasted of its pride in the recent mob violence and outrage at Idaho Springs, and concerning which you have not so far raised your voice in condemnation or protest.
"I regret, that lacking the advantages of blood, breeding and education which are yours to an eminent degree, I am not gifted with that delicate sense of discrimination which enables you to distinguish so nicely between a mob led by a banker and a dance hall proprietor, and one led by a miner, and which makes it possible for you to regard an actual trespass upon human right with equanimity, while you look upon every threatened invasion of property rights as by comparison an unpardonable sin.
"When the expelled men from Idaho Springs appealed to you to be restored to their homes, you were prompt with a denial of help, based upon technical interpretation of your duty. You advised them with many platitudes, to appeal to the courts for redress. They asked for bread and you gave them a stone, yet they followed your advice and when the court appealed to restored them to their families, doing in two days what you dared not attempt in two weeks, you hasten with characteristic vacillation to serve your masters by expressing your chagrin and disapproval of the action of the court by publicly insulting the judge who presided, and who had the courage to perform the duty you recognized, but shirked.
IF I WERE GOVERNOR.
"I fear had fate been so kind to Colorado as to have made me governor, I should be brutal enough to disregard the frantic appeals of hysterical sheriffs for militia, whenever the destruction of a chicken house should be threatened, and I might even insist that the powers of a county should be used, before disgracing the state by ordering militia at an enormous expense to climb a hill and then climb down again. I might even, through lack of moral sense, were I governor, if appealed to by men claiming to have been expelled from their homes by a mob, feel it my duty, in defiance of precedent, use the militia to restore them to their wives and children, and enforce the rights guaranteed my fellow beings by the constitution and the law. I might even, in such event, be impolitic enough to disregard the fact that the expelling mob was composed of 'our best and most prominent citizens.'
"Not having passed my life in the arduous toil of calculating interest at 2 per cent per month, I naturally have not that fellow feeling which, judging from your conduct, exists among bankers as a class, and I might, therefore, if I were governor, do as I am doing, enforce the law without fear or favor, treat a riot as a riot, call a mob a mob, whether led by a banker or a pauper, order the militia to restore men to their homes and instead of writing platitudes and insulting the courts and judges, I should endeavor to prove that through the courts sure and swift punishment will be visited upon offenders, of both low and high degree, and thus in the only way possible, as I believe, stop mob violence and the appeal to that 'higher law,' which is but another name for anarchy. Permit me to thank you for the compliment you pay me, by your disapproval of my attempt to enforce the law.
"In conclusion, may I venture to hope for a reply to this letter through the press as soon as you can get some one to write an answer for you, and will you kindly particularize your grounds of complaint against me?
"Respectfully,
"FRANK W. OWERS."
The writer watched the public press for the answer to this interesting article, but if the governor ever answered the writer failed in some manner to see it. In fact, like the mere puppet of a cabal the distinguished governor gulped down the accusation of Owers' and like a "yellow boy" said: "I have nothing to say."
About September 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 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 any one 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 elsewhere.
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.
On the night of September 1, T. M. Stewart was taken from his home and beaten and shot by a party of five unknown men. His condition at first seemed very serious, but did not prove fatal. This lawless act was greatly deplored by every one, especially union miners, as they knew a few prejudiced people would at once lay the crime at the door of the men on strike. It was afterward said that the outrage was perpetrated by men that had held a personal animosity against Mr. Stewart for several years past. There were other reports to the effect that he came to grief in a manner that had occurred at other times before the strike was called. A strong effort was made by the officers of the entire district to apprehend the persons guilty of the assault. The officers made several arrests of suspects, but there was no evidence sufficient at this writing to convict any one. Mr. Stewart soon recovered from his injuries and was out in a short time.
Mr. Hawkins was also rather roughly handled about the same time by unknown persons. Large rewards were offered by the county officials and citizens for evidence leading to the arrest of the guilty ones. Here the writer will state that there was 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.
The executive committee of the District Union, in their official statement about September 2, said that they deplored the outrage perpetrated upon Mr. Stewart and Mr. Hawkins on Sept. 1; also that they realized that outrages of this character would be charged to the unions, no matter if perpetrated by outside, irresponsible parties, etc.
September 3 found the strike situation looking quite serious. There seemed to be a strong likelihood of state troops being ordered to the district. It was understood that the Mine Owners' Association had asked for the state militia. It was also understood that some of the militia officers were very anxious to receive a call to the Cripple Creek district. It was said that Sherman Bell was so desirous to get into the district with his militia that he sat up nights courting the telephone in a night robe. It was feared by his friends that if he did get a call that he would embarrass them by not taking time to dress.
Victor on Sept. 3 was the quietest city in the state of Colorado. Just what the militia would or could do if they should be sent was a mystery to everyone that was disposed to express an honest opinion. There was no lawlessness in the district and the tax payers expressed indignation at the mere suggestion of state troops being sent to the quiet little law-abiding cities of Cripple Creek and Victor. It was known that strong pressure was being brought to bear on the governor by the mine owners, to send troops. There was a strong feeling that the governor would be conservative and be very careful after the mistake made in the spring, in sending troops to Colorado City. 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 over the Short Line Sept. 3, at 9:30 p. m. They were hastened through an 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 car for Cripple Creek, where they went into session and held a long interview with Sheriff Robertson. They refused to talk for publication. 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 C. Chase, of the National guard and Lieutenant T. B. 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 interviewing one side of the question.
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 arrival of the troops. The farce committee sent 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.
Indignation in the district ran high at the presence of troops. There was scarcely a man who could be found that approved of their presence. They were unwelcome guests in the district and the men who were eager to secure their presence realized that more than others. Mr. P. J. Lynch, chairman of the board of county commissioners, made the following statement in the Victor Daily Record on the morning of Sept. 5:
"I am a resident of Victor, and expected that I would be invited to attend the meeting which was held in the Bank of Victor, but evidently they thought that the men who are constantly advising with the sheriff in the matter of preserving the peace during the strike, could throw no light on the subject and that they could get better information elsewhere. I do not know what opinion these persons have formed from the interviews which they have had during the night, as do a number of our most conservative citizens, and it would be a shame to have the troops called in here when there is no need of their help. I was glad to learn of the remark which was made by former Mayor Franklin, when the commission asked him to make a statement to them. He informed them that the sheriff was the peace officer of the county and that he could give them all the necessary information they would require."