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Victor
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The Labor History of the Cripple Creek District;
A Study in Industrial Evolution
by Benjamin McKie Rastall
pages 126-134
The Annihilation Of The Unions
Lieutenant Governor Haggott, in the absence of Governor Peabody from the state, issued a proclamation again declaring Teller County to be in a state of insurrection and rebellion.13
General Bell arrived at midnight of the same day, and immediately took command. Sheriff Bell recognized the general's authority as supreme, and the two worked in complete harmony in the measures that followed. The first act was to dispatch a party of militia and deputies to Dunville, a new Freemont [sic] 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 employees with rifles and revolvers, smashed up all the machines with sledge hammers, and scattered the type about the floor. In the morning the Record had published an editorial advising that the strike be called off. The editorial contained near the end the following paragraph:
''The Record will stand in the future, as in the past, ready to condemn all lawlessness. It has no respect for the actions of a Sterling or a Scott, or for such speeches as was made by Mr. Hamlin, Monday, or for the miners' resistance at Miners Union Hall, and it will not hesitate to condemn them, just as it will the work of the dynamiter when he is found. The Record does not have 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 off."
There was some opinion that the wrecking was done by members of the unions angered at the changed tone of the paper. The Record employees 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 the Citizens Alliance that he would be boycotted if he did not withdraw his assistance. The Record management later presented a bill of damages against the state for $4,206 (including loss of 9 days business at $75 per day), which was paid.14 When it resumed publication the Record announced that it had buried the past, and would support the new order.
The resignation of Sheriff Robertson was but the first of a large number of resignations among the civil officers, forced by threats and actual violence, by committees of the Mine Owners' Association and Citizens Alliance. The list included county officers, Coroner James Doran, and Deputy District Attorney J. C. Cole; of Cripple Creek, Justice C. M. Herrington,15 Marshal W. J. Graham, and Night Marshal Fred Harding; of Victor, Justices R. L. Thomas and David Kelly, Police Judge Michael Gibbons, Alderman J. W. Murphy and 3. J. Tobin, Jailor James Printy, and Night Marshal Michael Lamb, and of Anaconda, the marshal and several members of the city council.16 The most extreme case was that of the town of Goldfield, where the entire city government was overthrown. All six of the aldermen, the whole police force, city clerk, treasurer, and street commissioner were driven out, most of them put under military arrest, and officers practically chosen and given authority by the Citizens Alliance put in their stead.17
Prank J. Hangs, a prominent attorney of Cripple Creek, local attorney for the Western Federation of Miners, was arrested and held for some time, and his house searched for papers. The resignation 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 refused to join the Citizens Alliance, and expressed himself freely in sympathy with the unions, was driven from the district. Upon his return he was immediately arrested by Marshal Naylor, put on an outgoing train, and told that if he returned 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 employment of S. D. Crump as Special Prosecuting Attorney for the Independence cases, and all others arising from the strike, with a fee of $10,000 to cover all services, detective and otherwise. The demand was repeated by the Citizens Alliances of Cripple Creek and Victor, and was complied 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 rebellion. Its civil government had been practically overthrown, many of its officers forcibly deposed, and the others prevented from the exercise of their functions. A mob, organized and acting with deliberate forethought, headed by prominent citizens, but none the less a mob pure and simple, was overthrowing city governments, destroying property, arresting and forcibly deporting citizens—all this in the presence of the National 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 deportation, received the sanction and authority of Adjutant General Bell.21 Under the name of The Military Commission it held its further sessions in the offices of the Mine Owners' Association, and continued to try men and recommend them for deportation. "Judge" McGarry made a statement of the work of the commission in an interview June 14th.22
"We cleaned up the deportation slate last night as far as those arrested up to the time were concerned. We will have a short session this afternoon, beginning at 1 o'clock, at which 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 difference between those deported and those remaining is in their expressed sympathies. Those who are on the wrong side of the Federation question have to go. Otherwise they are just as good men as many who are permitted to remain in their homes.''
Seventy-two men were deported under military guard June 10th. 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 include all those driven from the district. A great many men were examined by the commission and simply warned to leave, and a much larger number scattered into the mountains, and avoided possible arrest and deportation by leaving the district on foot.24
It will be remembered that the Portland and some smaller names had been declared "fair" by the unions, and continued in operation from the beginning of the strike. The hold of the Federation 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 General Bell's proclamation the Portland miners are generally admitted to have been a more than usually good class of workmen. Those among them who would renounce the Federation and take out mine owners' cards were allowed to return 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, brought suit in the United States District 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 deportation of its miners.26 The directors of the company however held a special 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 Federation furnished supplies to these through two grocery firms of the district, and various 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 Verdeckberg forbidding the extension of aid to any of the miners' families, and directing that all supplies for this purpose be turned over to the military.27 The militia did not follow this order with any reasonable effort to supply the poverty stricken families, and had not many of the sympathetic citizens and organizations of the district absolutely refused to respect it, there must have resulted the most intense suffering. The apparent intent was to compel the immediate removal of the deported miners' families, as the final step in the annihilation 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 complete and satisfactory operation was being carried on as vigorously as before. Considerable 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 deportations28 many members of the unions, satisfied that the situation was absolutely hopeless for the Federation, and thinking of the future for themselves and families, gave up their affiliation and took out mine owners' cards. In December, 1904 Secretary Hamlin stated that out of about 3,500 men employed over 2,000 had been in the district before the strike as members of the Western Federation of Miners. The military commission made its final report and disbanded on July 26th. On the same day Governor 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.
13PROCLAMATION.
Whereas, There exists in Teller county, Colorado, a large number of armed persons acting in conjunction with a large 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 felonies and murders have already been committed by such persons, who are still threatening to committ [sic] murder and felonies, 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 have been committed 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 believed 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-Chief of the military forces of the State of Colorado, by virtue and [sic] authority in me vested, do hereby proclaim and declare the said county of Teller in the State of Colorado, to be in a state of insurrection and rebellion.
In testimony whereof, I have 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.
(Signed) Warren A. Haggott,
Acting Governor.
14The itemized account was as follows:
| To linotype supplies | 2,264.00 |
| Additional linotype supplies | 46.00 |
| Cylinder press supplies | 250.00 |
| Job press supplies | 85.00 |
| One job press | 225.00 |
| Labor, press machinist | 125.00 |
| Additional labor on presses | 50.00 |
| Folder repairs | 25.00 |
| Paper cutter repairs | 60.00 |
| Type, material, stones, etc | 350.00 |
| Typewriter | 45.00 |
| Clock | 6.00 |
| Nine days business | 675.00 |
| [Total] | 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 Certificates of Indebtedness Nos. 6338, 6339, 6340. Issued Nov. 10, 1904.
15The Board of County Commissioners refused to accept Mr. Herrington's resignation and he continued in office.
16Report of Adjutant of District in Adjutant General's Report, p. 228.
17Special Report of the United States Commissioner of Labor. Senate Document No. 122, 58th Congress, 3rd Session, p. 252.
18S. D. Crump was the attorney for the Mine Owners' Association. One wonders at the large fee.
19The 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 elements that were in temporary illegal power. He believed, however, in the absolute observance of the law, and the impartial prosecution of lawlessness, and refused to prostitute his office to any partisan ends whatsoever. In following his conscience he ruined his political prospects. His work will show repeatedly In the closing pages of this narrative.
20To 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.
21Special Order No. 1. A temporary commission is hereby constituted composed 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 possible.
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.
22Mr. 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 wag a heavy stock holder in the Golden Cycle mine, and he (McGarry) became a director and attorney for that company.
23For complete lists of the names of the men see Biennial Report of Adjutant General 1903-4, pp. 225, 226, 227, 229, 231, 234, 240, 241, 242, 243.
24The legality of the deportations has been defended upon the principle of scattering a mob. Deportation it is claimed is the mildest form of legal action.
25PROCLAMATION.
Whereas, The governor of the State did, by proclamation issued on the 7th day of June, 1904, declare the county of Teller therein to be in a state of insurrection and rebellion, and the territory comprising the said county is now under the rule of military law, and now being; held and occupied by the militia 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 peaceable 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 have aided, encouraged, and given comfort and assistance to those who have been guilty of said crimes and outrages, so that said mine hag become and now is a menace to the welfare and safety of the good people of said county and a hindrance to the restoration of peace and good order;
Now, by 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 all 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.
26Mr. Burns in a letter written the preceding November said as to the position of the Portland: "The employe goes into the market to sell his labor, and as employers desiring to purchase 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 that we have 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.
27SPECIAL ORDERS
No. 19.
No organization will be allowed, while this county is under military control, to furnish aid in any form to the members of any organization or their families 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 all money and other supplies so furnished will be applied to the relief of the persons above referred to.
Edward Verdeckbebg, Commanding Teller County Military District in the absence of Brigadier-General Sherman M. Bell.
28The report showed 1,569 men examined; recommended for deportation 23S; recommended for trial In criminal courts 42; recommended for release 1,289.
"Of those recommended for deportation 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 desirability of those examined for residence In the district, with a view to peace and law observance, and no other purpose was had in view of the recommendations."
(Signed by each member of the commission.)
NEXT: Mob deportations — The Interstate Mercantile Company — Second wrecking of the stores — The November elections — The expense of the strike — Summary