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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 117 to 134
STATE FEDERATION OF LABOR AROUSED.
During the week of September 14 to 19, the Colorado State Federation of Labor was in session at Canon City, and realizing the oppressing domination of Colorado militaryism and understanding that all organized labor was in imminent danger of military suppression by the determined and lawless methods used to crush the Western Federation of Miners, passed unanimously resolutions condemning the action of Governor Peabody in sending troops to the Cripple Creek district as well as the action of sending the militia to Colorado City in the spring to assist mill managers there. The Colorado State Federation of Labor also adopted a strong resolution commending Judge Owers for his action in the Idaho Springs affair. A copy of the resolutions were forwarded to Judge Owers under seal of the organization.
Illustrating Military Authority Over Civil.
FIFTY-ONE STRIKE BREAKERS ARRIVE IN DISTRICT.
On September 18 the much heralded strike breaking miners from the "East" arrived in Denver on their way to the district under heavy guard.
When the train carrying these men reached Cripple Creek the soldiers abandoned them, but the mine owners had places provided for their comfort. The newsboys followed them down the street and cried, "scab." This frightened the mine owners and a detachment of troops was immediately sent from Camp Goldfield to Cripple Creek, going over on the 9 o'clock electric low line from Victor. These soldiers were soon joined by two other companies of infantry and they lined Bennett avenue from First to Third streets and guarded the alleys more particularly. The soldiers' headquarters were made at the Mining Exchange building, from where they received their orders. Citizens walking along the streets were told to move on and not to loiter. Finns and Norwegians constituted most of the men brought in—in fact, there were only two Americans among them, and very few who could speak English. The ones who could speak English stated that conditions had been misrepresented to them. They had just finished their work in the harvest fields of northern Michigan and were told that a new gold field had been opened here and that the mine owners wanted men badly. They were informed that in order to get men at once they would pay $3 for eight hours work and that the first men who responded would get the jobs. They were told further that if they did not like the work they would pay their expenses back to their homes and that it would not cost them a cent to get to the district. There were eighty-seven in the crowd when they reached Denver, but twenty-six of the number pulled away in that city and about nine quit at Colorado Springs, leaving fifty or fifty-one to arrive in the gold camp.
STRIKE BREAKERS CONVERTED TO UNIONISM.
Eighteen of the men shipped into the district from Michigan were at union headquarters Friday night, September 18, and stated they would not go to work under the conditions here; that matters here had been grossly misrepresented to them. The balance of the fifty-one were taken to the Independence mine in the morning under heavy guard, but when they got to the mine they refused to go below. They were kept there all day and fed at Camp Goldfleld.
On Saturday morning, September 19, while the remaining twenty-three imported laborers were being escorted along Bennett avenue, Cripple Creek, by the military, the first shot of the "Cripple Creek District War" occurred when Lieutenant Hartung of company B, took a shot at one of the imported Finns, Emil Peterson, who had been drawn off by the unions.
"County of Teller, State of Colorado, Emil Peterson, being duly sworn, upon his oath, says: 'I am twenty-four years of age. I reside in Denmark; that is my native land. I came to America February 23, 1903. I then went to Fairchilds, Wis. I am not an American citizen. At Fairchilds the Lester Lumber Company paid only $26 per month. On the 8th of September I went to Duluth to get work. At Duluth B. B. Gilbert & Co., labor agents, 5 South avenue, west, employed me to go to work in the Colorado gold mines. I was to get from $3 to $5 per day to fire boilers in the mine. I was shipped here from Duluth. Mine owners of Cripple Creek advanced me $18 for car fare. The company would pay this if we contracted to work a month. About seventy-five men were shipped from Duluth. I don't know how many quit on the way. Others joined at St. Paul, making near 150 altogether. I think that about eighty of these, of whom only five had ever worked in a mine arrived last night, Friday, September 18. B. B. Gilbert & Co. told us there was no strike in Cripple Creek. They had a newspaper in the office, saying: 'No strike in gold camp; all men go to work.' At Colorado Springs we discovered there was a strike. Men with spectacles on who said they were mine lessees met us in Colorado Springs and came on with us. I stayed last night at the Rhodes house with a party of ten. We took breakfast and then went to a building near where the shooting occurred. Here there were many others. The men were lined up and an officer said: 'Come on, boys, go to work.' I said out loud in Spanish, 'Don't go to work,' I started to run and he fired at me with a pistol. I ran zigzag to avoid the bullet. He fired once. I got away."
"Subscribed and sworn to before me this 19th day of September, 1903.
"ABBY C. COLWELL,
"My commission expires June 29, 1904. Notary Public."
(Signed) "EMIL PETERSON.
"CARL HANSON."
Peterson's companion, Carl Hanson, made an affidavit to the effect that he had accompanied Peterson from Fairchilds to Duluth and from there to the district and that he saw the soldier shoot at Peterson, etc. B. D. Whitney also made an affidavit that he saw the shooting and that Peterson had made a correct statement. This goes to show what the Mine Owners' Association would resort to in order to accomplish their purpose. Import men here by false representation and after they arrived and discovered true conditions and refused to work, try to force them at the point of bayonets to work when all other efforts had failed. There were many other cases like the foregoing, but I give this in detail as a fair illustration of their attempts to secure men to take the places of union miners. As time went on and attempt after attempt failed, they grew more desperate at their failure.
By Tuesday, September 22, all remaining Finns escaped from the mines where they were forced to work at the point of bayonets, had left the city at the expense of unions, be it recorded to the foreigner's credit. That set of imported men were not naturally born "scabs," union men are born—not made. To the writer's mind a natural born "scab" will leave a good union job and work for less, in order to be what he is naturally—a "scab" on the face of humanity.
Friday, September 18, was the day the prisoners 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, nor 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 questions 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 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."
McClelland stated that if a continuance was given until 2 o'clock he would make a return of the writ. The court said: "Very well, I will grant a continuance to that hour. I think the parties who instituted these proceedings are entitled to a return. I will give the respondents until 2 o'clock to make it." At 2 o'clock the court convened again and the military attorney was not ready but entered a plea for further delay, and Judge Seeds again granted his request, this time giving him until Monday, September 21, at 9 o'clock. This delay aroused considerable speculation as to the cause and outcome.
Sherman M. Bell.
The largest crowd ever assembled at a hearing in the Teller county district court room had assembled on this date to see what the outcome would be. Every seat in the court room was occupied.
At 9:30 o'clock, a. m., September 21, Judge Seeds was on the bench, the sheriff at his station and court was duly in session—but Chase, Bell and the prisoners were not present. Tom McClelland, however, appeared as counsel for Chase and offered argument as to the non-appearance of Chase and his prisoners.
Counsel for the prisoners demanded that the prisoners be brought into court and Judge Seeds sustained them. Attorney Murphy presented a motion that an attachment for John Chase be issued directing the sheriff to arrest Gen. Chase and bring him into court, on the ground that he had failed to produce the prisoners in court and was therefore guilty of contempt.
Mr. Murphy read the statute relating to refusal of officers to obey a writ of habeas corpus. He said it was stated in court Saturday, Sept. 19, that the military was here to aid the court and civil authorities and desired to assist them. "If this is true," he said, "that they are here to obey the mandate of the court, there is nothing for them to do but to bring the prisoners into court, just as the sheriff would obey a writ of habeas corpus."
McClelland replied that his position raised all these questions and he desired to present his case. Judge Seeds interrupted saying:
"The court cannot agree with Mr. McClelland. These men are entitled to be heard as to themselves. In order to avoid any misunderstanding, I called upon General Chase Saturday and told him to appear in court Monday morning, September 21, and produce the prisoners, but he has not done so. The court will not proceed in this case until the petitioners are in the court room. It is due him and it is due you, in obedience to this court, that those men be present, and the court will not conduct any proceedings in their absence. It is just as imperative that you produce the bodies of the prisoners as directed in the writ as that you make a return on the writ. The points are one and inseparable."
Judge Seeds asked McClelland if there were any preliminary matters he desired to take up before arguing the motion of petitioners to quash the return of the writ. McClelland said he desired to go on with the argument, and would like to take up the issue then.
Judge Seeds replied:
"The court absolutely refuses—unless it is compelled to by conditions beyond its control—to listen to any arguments in the absence of the prisoners."
Lieutenant McClelland requested permission to file an amendment to the return setting forth that arrest and detention of the prisoners had been the result of the judgment of the commanding officer in putting into effect the order issued by the governor placing the troops in the field. The court granted this permission and McClelland stated in reference to the order of the court regarding the prisoners that he would communicate that to the commanding general whom he represented. A recess was taken to 2 p. m.
After Judge Seeds' decision all the military officers were closeted for two hours, discussing the situation and talking with Gen. Chase by telephone and S. D. Crump, who was associate counsel in the case. It was decided to comply with the order of the court and General Chase announced that he would go over on the train with the four prisoners, Parker, Campbell, McKinney and Rafferty, in time for the assembling of court at 2 o'clock and that he would bring them under a strong escort and send a detachment of cavalry to act as guard in the vicinity of the court house.
At about 1 o'clock p. m. the people saw that preparations were being made for the arrival of General Chase and his prisoners. A blare of trumpets, the thunderous sound of dashing troops, the rumbling roar of wheels, quick, fierce and stern commands of "Halt!" "Clear the street!" "Guard that alley!" "Guard that street!" "Ready, load!" "Sharp shooters seize the vantage of yon roof!" "Seize this," seize that," "seize any old thing!"
By the time the people realized that the fierce and mighty onslaught was not the arrival of Gabriel and the avenging hosts, they had been pushed, "yanked" and prodded from the streets; women were hysterical; children were screaming from fright; refuge had been sought by them in saloons, doors, stores and hallways—and then Cripple Creek had been captured! Sharpshooters had bravely and in the face of fearful odds gained possession of every point of advantage, the roof of the National hotel, near the Court House, swarmed with them, gallant soldiers with loaded and bayoneted muskets paraded the sidewalks, death-dealing Gatling guns (late of Wyoming), commanded the streets. The hospital corps with stretchers, lints and all were there in readiness for the ghastly duties and super-humanly wise was the man, woman, child; aye, even mouse, bird, or yellow dog who could move a lash or pick a feather unless detected by the vigilant eyes of fighters of Colorado's "bloody wars."
But why was this? Why this military coup? Can't you see? Don't you understand? The brigadier general, the mighty warrior was coming (at last) to deliver the bloody-minded, bloody-handed, crime-conceiving and committing anarchists to the "poor unprotected court" in answer to a "dinky" little old writ of habeas corpus!
At 1:30 p. m. Chase arrived with the prisoners. But what an arrival!
This is supposed to be a free Republic and never before in the annals of time have prisoners been escorted to a court of justice in such a manner as were Sherman Parker, Lafferty, Campbell and McKinney. Readers of this book should bear in mind well how these citizens, not one of whom had had a complaint lodged against him, was [sic] arraigned in court.
Search the pages of history and nothing can equal it.
Two troops of cavalry came dashing down Bennett avenue in full field equipment, jangling, glittering sabers, loaded sidearms, belted and arrayed for bloody conflict. Guards were hurriedly rushed to every entrance. Ah! ha! another brilliant coup! the court was safe! the prisoners would be safe and now would the general deliver the prisoners in answer to the writ!
The prisoners arrived on the 1:30 train and much was the surprise of the people to see instead of four bound, shackled and handcuffed assassins and robbers, anarchists or desperadoes, four ordinary miners, tired and dusty, for whose appearance all this military bravado and brilliant display had been made, marching up the street between a file of grinning young fellows with guns on their shoulders and dressed in the blue supposed to be the uniform of the American soldier.
But the court room! Freeman, its like has never been seen in this Republic.
There sat the court supported by his sheriffs—all that had been needed, but aside from this, twenty armed men, cavalry, side arms and carbines or worse, stood in solemn phalanx with their backs to the court and arms at present.
Outside all the cavalry of the militia were in waiting. Waiting for what?
To shoot down citizens if so ordered and to intimidate the court.
Hardly had the cavalcade started on Bennett avenue when the order was given to put bullets in the guns.
When court convened at 2 o'clock Lieutenant McClelland took the floor and argued that martial law existed here as soon as the governor issued his order sending out the troops and from that standpoint he practically occupied the attention of the court the entire afternoon. The court adjourned at 6 o'clock to convene at 9:30 the next morning. The prisoners were again marched to the "bull pen."
The next morning (Tuesday) it was reported the military had decided to recognize the civil authorities to the extent of turning over to them three of the four prisoners. The three to be proceeded against criminally and affidavits to be filed with the district attorney on which to prepare informations and have capiases issued. The announcement was made in court Tuesday morning by counsel for the military. It was not stated which of the prisoners was to be given to the sheriff, and none of the officers would give any information on the subject, but it was understood that Campbell, Lafferty and McKinney were the three and that Sherman Parker would be produced in court on the habeas corpus contest and the hearing would be proceeded with. Court did not convene until nearly 11 o'clock and the delay was occasioned by complications of the military counsel on the move it proposed to make.
When the hour for opening the court passed and Chase had not appeared with his prisoners and escort, there were rumors that the military had decided to defy the court and decline to proceed further with the habeas corpus proceedings; but after court opened the examinations were made. After much argument by attorneys for military and prisoners Judge Seeds ruled that unless three of the men were turned over to the sheriff by 2 o 'clock he would proceed with the hearing in all four cases. Counsel for the military said they would have the affidavits ready for the district attorney not later than 12:30 or 1 o'clock, and that it would then be "up to him" to prepare the information and secure capiases for the accused.
The court then adjourned to convene at 2 o'clock. At 2 o'clock the streets were lined with people and the court room was crowded but no officers and prisoners arrived. Later Judge Seeds received a message from Camp Goldfield to the effect that the officers could not get their evidence together until 10 o 'clock, Wednesday, the 23rd, and again the court granted them time.
The gaudy glare of war and the apparent domination of the military powers were again in evidence upon the opening of court Wednesday morning. Bennett avenue was again crowded with cavalry troopers and infantry. A Gatling gun was stationed with its muzzle pointing toward the Midland depot. A detail of sharp shooters, who are recognized as the most expert marksmen, was placed on the roof of the National hotel, four stories above the grade of Bennett avenue. These men perched upon the cupolas stationed at intervals on the roof of the building and had their guns pointed toward the streets for immediate use. The court house was guarded by men who confronted intruders with bayonets, and the citizens who attempted to cross the lines were brought face to face with the power which the militia saw fit to exercise. As soon as the train rolled into the depot half of the troopers dashed up the street with General Chase at their head and threw their lines across the frontage of the Midland depot. The prisoners were escorted to the court room with two files of infantry on either side. The troopers followed. The court room was crowded with spectators and soldiers with bayonets glistening wickedly. The fact that the court should again tolerate a display which had so thoroughly angered the citizens, stirred the wrath of General Engley. He informed the court that he would not proceed because of the intimidating forces present in and about the court room. He characterized the court as an armed camp and stated calmly that the constitution provides that the "court shall be free and untrammeled and open to everyone for the transaction of public business.'' He said:
"There has befallen my duty to make the closing arguments for the petitioners. When I filed the application for writs of habeas corpus and invoked the jurisdiction of this court for the issuance for the highest writ of right known to law, I supposed that these proceedings would be heard under constitutional guarantee; but it is not so. The court may say that it is, but the facts remain that the forces of intimidation are present. The constitutional guarantee that the court shall be open and untrammeled has been invaded.
"This is no longer a constitutional court. It is an armed camp. The court has been surrounded by soldiery."
After long and sharp colloquies by all attorneys, Judge Seeds adjourned court until Thursday morning and back to the "bull pen" went the prisoners.
Judge Seeds Thursday morning notified General Chase to be present in court with his prisoners 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 take 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.)
Where Sharpshooters Were Stationed on Roof.
After 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:
"If the court shall err in its conclusions, it will be no fault of the able counsel who appear for and against the prisoners. 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 question cannot be overestimated. 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 (see page 94.), 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 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 metalliferous 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. * * *
"Anderson's law dictionary defines martial law to be 'the law of military necessity in the actual presence of war, administered by the general of the army; it is arbitrary; it is the will of the general who commands the army; it supercedes all existing civil laws; the commander is the legislator, judge and executioner; there may or may not be a hearing upon charges, at the will of the commander; it is built upon no settled principles, but entirely arbitrary in its decisions. In reality it is no law, but something indulged rather than allowed as law.' This definition is fully sustained by a multitude of authorities, and none conflict with it. * * *
"Then if the civil power must prevail, except, possibly, in the extreme case of actual war, and for self-preservation, can the right to the writ of habeas corpus be impaired and can a citizen be deprived of his liberty for an indefinite period of time by the will of a military commander exercised under the authority of such an executive order as respondent's return sets forth? The constitution of the United States declares that 'the privilege of the writ of habeas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may require it.' This is, in effect, the same as the habeas corpus provision of the Colorado constitution. This writ is the remedy which the law gives for the enforcement of the civil right of personal liberty, and any other person whomsoever, upon any pretense whatsoever, has a right to have this writ issued by a court commanding the person holding him in custody to bring him before the court for inquiry as to the cause and legality of his imprisonment, and if Illegally restrained of his liberty, the prisoner is entitled to his discharge. * * *
"Were this court to admit that civil power is overthrown in Teller county, it would be in conflict with its unaffected consciousness to the contrary. Its courts are open; its decrees are respected; its officials are capable, earnest and law-abiding persons, and no evidence has been brought to the court's attention that the violators of the law will not be proceeded against with vigor and promptness. Though there were evidence of some indifference or neglect in the performance of duties by some of the officers of this court, that would be no proof that civil power within the county was overthrown. Were it so, civil power would be overthrown in too many states and counties of the country. The constitution of Colorado declares 'that the military shall always be in strict subordination to the civil power.' Not sometimes, but always. There could be no plainer statement that the military should never be permitted to rise superior to the civil power within the limits of Colorado. * * *
"The soldier, as well as every other citizen, is subject to the law of the land. The militia have no other or different powers than peace officers by law have under the same circumstances, except that they may act as an organized body. That an act was done by military order or order of a governor is no defense unless the order Itself be one conformable to law." * * *
"I cannot and will not subscribe to such a doctrine. For me to do so would make me particeps criminis in the overthrow of a free government in Colorado, and to substitute for it an absolute monarchy. I do not say that when called into the field by the governor in an emergency, the military commander may not arrest those who are participating in lawlessness he is directed to suppress; but I do say that when such an arrest is made the prisoner must, with reasonable speed, be turned over to the civil authorities, with the cause of his arrest made known, that the civil authorities may proceed against them under the forms prescribed by the constitution and laws for the prosecution and punishment of his offense. * * *
"I cannot close without reference to the military display committed with the hearing of this case. It was offensive to the court, and, in its opinion, unwarranted and unnecessary; nevertheless, I tolerated it because it was by the National guard, and if I had insisted upon its withdrawal, a conflict would have probably arisen with the entire National guard of the state upon one side and a mere posse commitatus upon the other. The hearing of the case would have been necessarily indefinitely delayed, a great wrong to the prisoner and a denial of the justice to which he was entitled. I trust that there will never again be such unseemly intrusion of armed soldiers in the halls and about the entrances of an American court of justice. They are intrusions that can only tend to bring courts into contempt and make doubtful the possession of that liberty that is the keystone of American governments. It follows from what I have said that, in the opinion of the court, upon the facts stated in said petition and the return of the respondent, the return ought to be quashed, and that the said Parker ought to be discharged from custody, as in said petition prayed, and it is so ordered.
"The cases of James Lafferty, C. H. McKinney and Charles Campbell, relators, vs. the same respondents, by stipulation stand decided as the case of Parker and the said James Lafferty, C. H. McKinney and Charles Campbell are ordered to be discharged from custody as in their respective petitions prayed.
"WILLIAM P. SEEDS, Judge."
Judge Seeds' decision was read to a crowded court room. Immediately after the decision was finished Chase arose and notified the court that he would not abide by the order of the court and facing his soldiers, he commanded them to take the prisoners. Later in the evening, however, about 8 o'clock the military authorities released Sherman Parker, Campbell, James Lafferty and C. H. McKinney from the "bull pen." No explanation was given. The men went straight to their homes and did not even tarry at union headquarters. This news came as a startling surprise to everybody, since just a few hours before the officers had defied the order of the court and refused to release them. The supposition is that this was done in compliance with a telegram from Governor Peabody instructing Chase to comply with the order of the court.
Mrs. Sherman Parker, who sat by her husband during the reading of the decision, screamed and grasping her husband, fainted. The soldiers immediately grabbed Parker and pulled him away from his wife and created one of the most heartrending scenes ever witnessed in a Teller county court room. Mrs. Parker was in a dead faint for twenty minutes and her husband begged to be permitted to remain by his wife, whom he declared to be dying, but was refused by Chase, who also, refused her medical assistance, laughingly claiming that she was alright and would soon recover. Senator Patterson was near and admonished the soldiers to leave the man with his wife until she could recover, which a lieutenant in charge of the prisoner finally agreed to do. The court room was then cleared and Mrs. Parker finally recovered and her husband was taken back to the "bull pen."
Tears came to the eyes of many who witnessed the scene and it was with difficulty that order was restored, which was accomplished by the suggestions of Mr. Patterson.
In what country do we live? Surely not in the United States, and yet the governments of Russia or Germany or Turkey or Austria would break the swords and strip the epaulets from the shoulders of the officers who would dare to commit such an outrage upon their people.
Think for a moment. Suppose the story came from England or France or Germany that because the workmen of some province had gone out on strike, without disorder of any kind, troops were hurried to the locality and the province was harried by them. That the homes of the citizens were invaded by the soldiers at will; that the commandant caused dozens of workmen to be arrested and cast into prison without charge or offense; that the halls of the workmen were broken open and invaded; that the citizens were forcibly carried at midnight to the commandant's tent to be warned that they must not express displeasure and then insultingly dismissed; that when the courts sought to inquire why innocent men were held in prison the courts were invaded by scores of armed men who sat throughout the sessions with bayoneted and loaded guns in hand to intimidate the judge; that they threw lines of soldiers across the streets and sidewalks, allowing no citizen to pass except permission from an officer was first obtained; that they planted Gatling guns in the center of the busiest thoroughfares to menace the public; that they stationed trained sharpshooters on the tops of buildings ready to pick off some chosen victim; that the court, after patiently hearing and delivery of a sober and unanswerable opinion, ordered the prisoners to be given their liberty, the commandant defied his order and, with Gatling gun and clanging sabres, marched with the prisoners out from the court—what would we Americans have thought and said? We would have thanked God that we lived in free America under a written constitution that contained a bill of rights which is supposed to make such doings impossible. We would recall that in free America every man's house is his castle; that his liberty, is held more sacred than any number of dollars, and that, except when found in the commission of an offense, no man dare deprive a citizen of his liberty without charge or warrant. We would denounce the government that permitted such outrages as a despotism that should be overthrown if relief could be had in no other fashion.
The rot of it all is an unholy and dastardly contract between the governor of the state and a dozen wealthy mine owners to turn over to them the full, strong arm of the military's power to crush out—not disturbance, for there has been none; not insurrection, for there has been none; not a conspiracy to in anywise impede the due execution of the laws of the state, for there has been none; but to stamp out the life of as legal an organization as ever existed in any country and whose members are the strong, courageous, industrious men who have brought the wealth of the mountains to the markets of the world, and who, in case of menace to the government from without, would comprise the front ranks of an army pledged to die, if necessary, to preserve it.
There is not a man or woman in Colorado who loves the state and its free institutions, but should condemn the crimes against law and peace and personal liberty, that have been perpetrated hourly and daily in Teller county, with the connivance and approval of our governor.
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