exhorbitant demands in the final attempts at arbitration. Fortunately, in making the governor their representative with power of attorney, they left the way open for the final settlement.

THE POSITION OF THE GOVERNOR

The attitude taken by Governor Waite was in brief that he would do nothing that would aid either the miners or mine owners to win the fight. The militia, he said, should not be called out to win the strike, but simply to preserve the general peace, and should not be used to coerce the miners in any sense of the word.1

In the deputy movement he saw an arrangement, ostensibly by the county authorities, but in reality by the mine owners, meant to force the miners to give up the struggle. This movement, as he saw it, originated with the mine owners, and was supported by their contributions, and the sheriff was simply a puppet in their hands.

Moreover, in his estimation the assembly of so large a body of deputies was illegal.5 He immediately declared that the sheriff had exceeded his authority, first, in that the right to appoint deputies did not mean the power to form an army, and second, in that he was breaking a state law in appointing deputies from outside El Paso County. The swearing in of men in bodies of several hundred; their equipment with whole stands of newly purchased arms; and their organization into a military body, constituted the formation of an army, and was an usurpation of the power of the governor. In appointing deputies from Denver, Leadville, and other points outside El Paso County the sheriff was disregarding the laws of the state, which expressly directed that a sheriff call aid only from his own county. The governor therefore declared the formation of the

From statement by Hon. J. Warner Mills, legal adviser of Governor Waite at the time of the strike.

5cf. Last message of Governor Waite to Legislature Jan. 10, 1895.

Mills' Annotated Statutes of Colorado, Vol. I, Sec. 856. It shall be the duty of the sheriff and undersheriff and deputies to keep and preserve the peace of

deputy army illegal, and demanded that it disperse. When the deputies made their forward move he threw the militia between them and the miners, with orders to prevent a conflict at all hazards. And upon the repeated refusal of the deputies to disband, he prepared to call out the whole state reserve.

THE BALEFUL INFLUENCE OF POLITICS

The workings of political intrigue are always hard to trace accurately and it is impossible to say just what part politics played in the Cripple Creek strike. There can be no doubt, however, that both parties sought to make political capital out of the strike, and by their machinations greatly impeded its settlement.

The interest of Governor Waite in the miners was undoubtedly a political one, the desire to secure sufficient support in the western part of the county to overcome the Republican strength in the eastern part, and so to bring El Paso into the ranks of the Populists. He was willing to go to great lengths to become known as the friend of the working man, and his influence was such as to constantly encourage the miners in their resistance of the county authorities. There is good reason to believe even that it was a telegram from the governor that caused the miners to make the demands that thwarted the first attempt at arbitration. This in order that he might have the credit and the influence upon the miners, of effecting the settlement himself.

The Republicans were just as active on the other side. There has been a quite general opinion that the deputy movement had as its ultimate aim the driving from the county of a large number of the men who were supporting Populism, and endangering the power of the Republicans in the county." There is

their respective counties, and to quiet and suppress all riots, affrays and unlawful assemblages and insurrection, for which purpose, and for the service of process in civil and criminal cases, and in apprehending or securing any person for felony or breach of the peace, they and every coroner and every constable may call to their aid any person or persons of their county as they may deem necessary.

Since the strike of 1903 this opinion does not seem so fanciful, as it did at the time of writing.

strong evidence that the county officers used their authority following the strike to keep their party in power. The Bull Hill men were tried under conditions which made it almost impossible for them to escape even if innocent. Two prominent citizens of Colorado Springs made affidavits to having heard the assistant district attorney outline a scheme which was to secure the conviction of every man tried.R Of the four men sentenced for crimes committed during the trouble, one broke jail, one was set free by the Supreme Court, and the other two were pardoned by Governor McIntyre. Only five cases were tried out of three hundred informations and indictments. The failure to prosecute the other two hundred ninety-five cases is generally supposed to have come about as follows: the indictments were held as scourges over the heads of the men. They were promised that if they worked heartily for the Republican ticket at the next election their names would be dropped, otherwise they would be tried, and would be sure to be convicted. Needless to say the men worked. The election went as desired, and the indictments were dropped. Thus did both parties intrigue for power, intensifying the difficulty, and greatly hindering its settlement.

'vide Petition for Change of Venue. Case People vs. McNamara, District Court, April, 1895.

• Governor McIntyre was the Republican governor who succeeded Governor Waite. He would not pardon the men through partisan bias in their favor.