 |
Victor
|
The
Cripple Creek
Strike:
a History of
Industrial Wars
in Colorado,
1903-4-5
By Emma Florence Langdon
pages 110 to 117
JUDGE SEEDS ISSUES WRITS.
District Judge W. P. Seeds, September 15, granted writs of habeas corpus directing Generals Bell and Chase to bring into court the four prisoners confined in the military guard house and to show cause why Messrs. Parker, Campbell, Lafferty and McKinney were deprived of their liberty. Before reading the application of the court, General Engley said: ''The matters set forth in the opening of the petitions may not seem applicable to the questions at issue, but they will be found to constitute the reasons which have led up to the circumstances of which we here complain.''
At the conclusion of the reading of the application, Judge Seeds said: "It seems to me that you have set forth a large number of matters which are not pertinent to the question of the relief asked for." General Engley asked: '"Then, your honor, you will not issue the writs."
Judge Seeds replied: "I will issue the writs as prayed for but I want it understood that upon the hearing at the return of the writs no matters will be allowed to be gone into except such as are connected with the question of restraint."
The writs were made returnable Friday morning at 9:30 o'clock, September 18. Sheriff Robertson's demand for the prisoners was formally refused by Chase.
The petition for habeas corpus in the case of Sherman Parker was a lengthy document, signed by Christian Kagy as petitioner. The other petitions were practically identical with it. It set forth that Parker was a citizen of Teller county, a miner, and was unlawfully imprisoned, detained, confined and restrained of his liberty by Generals Chase and Bell.
The facts of the strike were set forth; that the Mine Owners' Association appointed an executive committee that had announced that it would destroy the Western Federation of Miners and would not confer with any labor organization. It alleged that the Citizens' Alliance was in a conspiracy with the Mine Owners' Association to compel and force the miners to return to work; that by a conspiracy these two organizations prevailed upon the governor of Colorado to send the National guard to the district to aid and abet in the intimidation of the officers and members of the Western Federation of Miners. It alleged that these two bodies reported to the governor that a state of lawlessness existed and that the commission appointed by the governor to investigate and report upon conditions in the district was influenced by the Mine Owners' Association and the Citizens' Alliance, to report that a state of disorder existed, over the protest of the sheriff of Teller county.
The petition further stated that the National guard was not sent to the district to prevent or suppress any riot, or to aid the civil authorities to suppress any tumult, but on the contrary in the sole interests of the said mine owners and at the expense of the state, for the purpose of compelling the miners to return to work; also to arrest and imprison without process of law the officers and members of labor unions, especially officers and members of the Western Federation of Miners, to arrest and imprison without process of law every one actively and peaceably engaged in supporting and advocating the rights of labor.
Further it said that the Mine Owners' Association had selected and given to the officers the names of forty miners, peaceable and law-abiding citizens and directed their arrest and imprisonment by said National guard to the end that the labor organization might be crushed and employes forced back to work; that troops under the orders of military officers were making visits and searching the habitations of law-abiding citizens at all hours of the night. That these citizens were subjected to brutal and inhuman treatment, that troops had intimidated the civil authorities and had picketed and closed public highways, and the officers of the National guard had arrested and intended to continue to arrest without process of law, citizens who had committed no offense, refusing to release them or to deliver them into the custody of civil authorities and at the behest of the Mine Owners' Association and Citizens' Alliance, Sherman Parker was at that time unlawfully imprisoned; that the petitioner believed that the National guard had no jurisdiction or legal authority to arrest or imprison the said Sherman Parker and so believed that his imprisonment was illegal.
The petitioner asked that Judge Seeds command the officers of the National guard to produce said Parker and restore him to liberty.
The Rocky Mountain News contained the following article, about September 14:
"BELL SHOULD BE REMOVED.
"Adjutant General Sherman Bell should be relieved and removed from command of the troops at Cripple Creek. His mental characteristics are such as to make him an unsafe and even dangerous person to hold that position. This has been shown by his conduct since he went to the district in his disregard of the law and the most ordinary rights of citizens.
"The troops have been used to make domiciliary visits, to enter peaceable meetings by force of arms and to make arrests without warrant or indictment and without giving information to the persons arrested or to the public of the reasons of the arrests. Some even are being held forcibly in durance without charge of any kind against them.
"Granting that the governor was sincere in the belief that the troops were necessary in the district, his first great mistake was to consent that the cost of sending them should be paid by one of the parties to the controversy. The officer in command looks upon himself and his troops as in a sense the employes of that party, and it is not to be doubted that the mine owners have driven Bell to do illegal acts which have marked his sway. He and they protest that there is no martial law; while martial law prevails in fact almost to the last extreme. When men are arrested and placed in confinement without charges against them, solely by the order of the general commanding, it is martial law.
"The troops of the state when called out on such occasion, should act solely as assistants to the civil authorities in preserving the peace. The officer in command has no right whatever to undertake to set aside civil authority and make his own whims the sole law.
"The officer in command in Cripple Creek should be calm, self-controlled and responsible, and as Bell is not qualified in any of those particulars, the governor should repair, so far as possible, the harm already done by removing him at once. A man of demonstrated unfitness should not occupy a place of such great trust at a time when so much is involved as is the case in the Cripple Creek district at the present time."
PREPARATIONS TO FIGHT A NATION.
On September 15, Bell announced that he would appear in person before Judge Seeds, Friday, September 18, with his attorneys and answer as to his reasons for arresting and holding men in the military prison. But military activity continued as if the whole state of Colorado was in a state of armed rebellion; a first consignment of 1,000 Krag-Jorgensen rifles from the United States government arrived and were given the troops. All companies of the First regiment, except E, G, and L companies not having Krag-Jorgensen rifles, were given Winchesters. Besides the new rifles, 60,000 rounds of ammunition were also received. This was the first new equipment to be sent to Colorado under the Dick bill.
The signal corps commenced to establish a great many important (to them) signal stations. Telegraph stations were established during the day-time on Bull Hill, Squaw and Nipple mountain, Gold hill and Raven mountain. The night lanterns to be in constant communication with Brigadier General Bell's quarters. With the aid of search lights it would be absolutely impossible for any person to approach or escape from camp, as they would make objects plainly visible for miles around. Telegraph stations were installed on Bull, Mineral and Beacon hills, being connected by direct lines with Denver and all parts of the United States. Official messages were to have precedence at all times. Field telephones were installed in every camp. Also on Tenderfoot hill, Battle mountain and Cow mountain. These telephones were directly connected with officers' quarters and the guard tent. At any moment that a meeting of the Western Federation of Miners was reported a general alarm could be sounded throughout the camp. The new solar lamp which operates the heliograph at night was to be stationed on the following mountains: Cow, Pisgah, Straub and St. Peter's Dome. All heliograph stations were equipped with signal flags for wig wagging purposes on cloudy days. The signal corps was equipped with twelve powerful telescopes of the latest design, as well as binoculars. The use of cipher messages were used in communication between commanding officers and their superiors. Now, reader, what do you think of that outlay for a peaceable community?
THE PRESS COMMENTS EDITORIALLY.
The unwarranted, warrantless and arbitrary military arrests, the vicious use of state force and power, armed against the masses, called forth at this time the editoral [sic] condemnation of all the influential papers of the state, whose views were expressed similar to the following from the Denver Post and News:
"DOES GOV. PEABODY REALLY KNOW WHAT HE 1S DOING?
"The present attitude of Governor Peabody is that organized labor is treasonable. The situation at Cripple Creek is a reminder of the fact that the President of the United States and governor of a state have unlimited power in emergencies—but if they exercise it wrongly upon their heads be it; that is to say, the politician or the political aspirant who uses the supreme power of the state and it turns out to have been unnecessary, is destroyed by his mistake. All law and government are, of course, based on force. That is to say a government which cannot maintain itself, is necessarily no government. And so the most ordinary every-day processes of civil law are respected, because behind them is the entire force of the community, the state and the United States. And certainly there must be some finale and that tremendous power is lodged in the governor and the president.
"But there is nothing the governor of a state or the president of the United States tries so earnestly 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 have been tolerated rather than exercise naked, undisguised force. So all the presidents of the United States and all the governors of states have hesitated long and well, and, indeed, there is no modern example of the thing Peabody is doing, save Cleveland's famous act in Chicago. The pretext there was that the United States mails had to be moved. The excuse for martial law at Cripple Creek is that there is conspiracy against the law. The real reason in Chicago was that President Cleveland decided to put an end to the railway strike and likewise the real reason at Cripple Creek is that the governor proposes to crush the miners' strike.
"In Cripple Creek the thing at which Peabody has struck with all the power of the state is not physical, 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, sympathetically, one way or the other, but who has a regard for law, the view of the matter is that the governor should have refused to act until there was evident lawlessness and disorder.
"The fact of the business is that the reasons for Peabody's action would justify the seizure of all 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 [sic] which, unless he backs out, to use plain words, means that organized labor is treasonable and, if his attitude is accepted, will mean the crushing of labor organization by the government 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.
"The outcome of Governor Peabody's action may bear results of which perhaps he never thought or dreamed. Whether he is killed politically or his party is destroyed are results insignificant beside the issue of what the law may finally do.
"Only one thing was ever settled in this country by any process, save that of law, and that one thing was slavery."—Denver Post.
"LIABLE IN DAMAGES.
"There seems to be little doubt that suits can be maintained against Governor Peabody, Generals Bell and Chase and the other officers immediately connected with the arbitrary arrests of citizens in the Cripple Creek district.
"From Bell's published statements, he was sent to the Cripple Creek district with discretion in the matter of arrests. Governor Peabody is commander-in-chief of the militia in the field, and when he trusted discretion to his adjutant to make arrests, he became personally responsible in damages for all unlawful arrests made by his subordinate.
"Not a respectable lawyer can be found who will say that there is a shadow of legality in the arrests made at Cripple Creek under General Bell's orders up to the present time. The military has surrounded homes, taken out the inmates and carried them by force to military headquarters, and either sent them to the 'bull pen' where they are yet held, or, with an admonition, set them at liberty. There has been no pretense of a charge of violation of the law having been filed civilly against these people, and those who are yet confined are held wholly at the will of Bell, with the approval of the governor.
"When the fever for this military foray to Cripple Creek has died down and men resume their sober senses, the utter blackness of these mritary arrests will become apparent and the juries will not be slow to mulct the offenders in heavy damages. It is gratifying to know that Commissioner Lynch and Justice of the Peace Reilly have determined to bring suits for false imprisonment against this military combination, and to lay their damages at $100,000. Every man who has been unlawfully arrested or imprisoned up in Cripple Creek, should pursue the same course. "Peabody and Bell may have an exaggerated notion of their own magnitude while they are raiding the homes of private citizens with the military force of the state behind them, but when they face juries in the district court, presided over by an honest judge, to defend a dozen suits for damages, they will sink to the littleness of their true statues and leave the courts poorer but wiser men." — Rocky Mountain News.
"GOVERNOR DENIES RESPONSIBILITY.
"Denver, Sept. 16. — 'I can hardly credit the statement that County Commissioner Lynch and Justice of the Peace Reilly intend to bring suit against me for damages because of false imprisonment. Everyone knows of the orders I have issued, and they know that 1 have always said that the civil authorities were supreme, if they tried to enforce law and order,' said the governor in an interview. 'Governor Bell was only sent there and I told him so, to aid the civil authorities. I hardly see that I have anything to do with this suit, even if one is really brought. I didn't arrest them and I didn't give the order to arrest them. As a matter of fact, I do not believe they would have a standing in court. I don't even know they were arrested, and it is probable that they were not. They might have been taken to headquarters to confer with the general, and they thought it was arrest.' "
Attorney General Miller, however, had another opinion:
"I can't talk about this, of course; I don't know anything about the merits of the case. But if they do bring suit it will be a good thing in one way. It will absolutely settle the question of just what right and authority the militia has when ordered out. The bringing of suits against individuals is exactly the right course to pursue. They have a chance of winning that way. While if they had sued the state the suit would have been thrown out of court at once. I do not care to talk about this part of it," said Attorney General Miller. "I am out of it and no one is better pleased with it than I. I'm heartily tired of the whole business. Why, I never heard of the military exerting such authority as they have in this case, except in the Coeur d'Alene during the big strike there. General Merriam took charge of that with United States soldiers and established practical martial law, but even that, I think, was illegal. The trouble is these military fellows go ahead and do just as they please, whether it's according to the law or not. They say it's a military necessity, and trust to luck that they get out of it all right."
NEXT: State Federation Aroused