police, and the city attorney united in a protest against the esence of troops. Business men protested generally. A petition protest was circulated, received 600 signatures, and was immediately presented to the state legislature. There is every eason to suppose that the governor acted under stress in the natter, and contrary to his own personal judgment.

On the evening of March 3rd, 125 members of the National Guard, of whom 25 were officers, left Denver for Colorado City. With them were two gatling guns, 25 horses, and the various equipment for field service. Arriving at Colorado City they went into camp. Next morning lines of men were thrown around the mills; the union pickets were forced to disperse; and their camps were removed.10 The militiamen were very vigorous in their actions. The streets of Colorado City were guarded at various times; the union hall was put under surveillance; and the homes of suspected union men searched:11 The union's officers were loud in their denunciation of the activity of the militia. Within ten days civil suits had been entered

GOVERNOR PEABODY-It is understood that the militia has been ordered to our town. For what purpose we do not know, as there is no disturbance here of any kind. There has been no disturbance more than a few occasional brawls, since the strike began, and we respectfully protest against an army being placed in our midst. A delegation of business men will call upon you tomorrow, with a formal protest of the citizens of the city.

Chief of Police George G. Birdsall, of Colorado City, in an interview the fol lowing day after the arrival of the troops, said:

"I have talked with a number of people during the afternoon, and they are all exceedingly indignant at the thought of having the militia come among us. If some trouble had arisen which we experienced difficulty in handling, then there might have been some cause for sending soldiers over here, but nothing of the kind has taken place. The assaults have been mainly fist fights, which are apt to take place at any time. I do not know of a place where a gun play has been made within my jurisdiction. If I could foresee that men involved in this labor trouble here would resort to the use of weapons, I might become scared myself, but the boys have never appeared to take that course, nor do I believe that they will countenance such methods in trying to win their fight. They know, as well as all good citizens, that they must have the public behind them, and I am sure that they do not care to employ force to win their victory."

8 This petition was put into the hands of the officials of the union and circulated to them. See Official Proceedings, W. F. M. A., 1903, p. 118.

Bureau of Labor Statistics Report, 1903-1904, p. 55.

10 The union later established some pickets outside the lines of troops.

"For detailed statement of orders, movements, etc., see Adjutant-General Biennial Report, 1903-4, pp. 10 and 11.

against the militia officers charging them with the arrest, detention, and imprisonment of citizens pursuing lawful vocations, the searching of citizens upon the public highways, the entrance of the homes of citizens, and the seizure and retention of the goods and chattels of citizens.

PARTIAL SETTLEMENT BY ARBITRATION

The Federation countered the militia movement by requesting the mine owners in the Cripple Creek District to cease shipments of ore to the Colorado City Mills. It was understood that the men in the mines would be called out if the request were not complied with. The Mine Owners' Association in a meeting held March 5th, refused.

The citizens of the Cripple Creek District, roused to the danger of the situation, now entered the field. Mass meetings at Cripple Creek and Victor passed resolutions urging that the difficulty be submitted to arbitration. An appeal was submitted by the business men of Victor to the District Council of the Federation, asking "that action of all kinds in the matter of the impending labor difficulties" be deferred for one week to give opportunity for "an amicable settlement of existing conditions." The appeal was granted immediately upon its presentation, and the district and general officers took advantage of the occasion to declare publicly their entire willingness to submit the matters in dispute to arbitration.12

On March 9th the state legislature adopted a joint resolution demanding that the parties in the controversy submit their claims to arbitration. Two days later the governor made a personal investigation. The day was spent in interviews with the officials of Colorado City, the union officers, and in visits to the mills where the governor talked with the men still at work. In the evening a public reception was given in the Antlers Hotel, Colorado Springs. Returning to Denver the governor announced that he did not feel justified in recalling the militia.

12 See interviews of President Moyer and Secretary Hayward in Colorado papers, March 9, 1903.

At the same time he issued invitations to the officers of the Federation, and to the mill managers, to meet with their council in his office, to confer relative to adjusting the matters at issue.

The invitation was accepted, and the conference met at 2 p. m. March 14th. The negotiations did not proceed to suit Manager MacNeill. He was unwilling to join the other managers in making concessions for the settlement of the strike, and declaring that they were violating an agreement among themselves he withdrew with his attorney early in the evening." The conference between the other parties continued, and after an all-night session terms of settlement were agreed upon. The agreement with the Portland Mill was as follows:

"First: That eight hours shall constitute a day's work in and around the mills, with the exception of the sampling department, which may extend to ten hours.

"Second: That in the employment of men by this company there shall be no discrimination between union and non-union' labor, and that no person shall be discharged by reason of membership in any labor organization.

"Third: That all men now on strike shall be reinstated within twenty (20) days from Monday, the 16th day of March, A. D. 1903, who shall have made application for work within five days from this date.

"Fourth: That the management of the Portland Gold Mining Company will confer with any committee of the Colorado City Mill and Smeltermen's Union, No. 125, at any time within twenty (20) days, upon a subject of a scale of prices.

"Dated at Denver, Colo., this 14th day of March, A. D. 1903. "FRANK G. PECK,

"For the Portland Gold Mining Company.

"CHARLES MOYER,

For Mill and Smeltermen's Union."

13 Special Report, United States Commissioner or Labor, "Labor Disturbances in the State of Colorado," p. 119.

Mr. MacNeill's attorney (Judge Babbitt of Colorado Springs) has explained that before going to the Denver conference the mill managers came to an agreement upon conditions for which they were to stand absolutely. It was when the other managers began to weaken and to recede from these conditions that Mr. MacNeill left the conference.

The agreement with the Telluride Mill was the same, except that as the mill was undergoing construction and repair work and could not be opened immediately, the management simply bound itself to reinstate its old employees upon the resumption of operations.14

The first clause fixed the hours of labor exactly as they were before the strike. The second clause was merely a formal statement of the open shop principle, which existed previously, in appearance at least. The third clause protected the men from punishment for having been strikers, and the fourth agreed to a further conference on the wage question. The union had gained its recognition, but not the advanced wage scale.15

On the further invitation of the governor, Manager MacNeill met with President Moyer and Secretary Haywood of the Federation for a second conference. He would however make no concessions. He refused to recognize the union, or to confer with a committee in any way relative to a change in wages. No agreement should be made to reinstate the men, nor a single laborer lose his position to give work to a striker. He would only agree not to discriminate against federation men when in the future he should have need of additional workmen.1 16

As the result of the conferences the strikes were called off at the Portland and Telluride Mills, but continued at the Standard. The governor agreed to the withdrawal of the militia, and the Federation to the withdrawal of the suits that had been entered against the militia officers.

It is greatly to be regretted that Manager MacNeill insisted upon taking such an uncompromising attitude through the negotiations. If the series of events which were taking place at this time could have been stopped at any point the whole unfortunate aftermath at Cripple Creek might have been avoided. The union was acting in a conciliatory spirit, and had shown its willingness to come more than half way; the other managers had come to a satisfactory agreement, and any other attitude

14 For detailed statement see Ninth Biennial Report, Bureau of Labor Statistics, Colorado, pp. 57 and 58.

15 In the later conference the Portland and Telluride Mills agreed to the schedule asked for by the union.

16 Special Report, United States Commissioner of Labor, p. 119.

than that of laying down his own terms, and standing inflexibly upon them in a take them or leave them spirit, must have resulted in a settlement.

TEMPORARY STRIKE AT CRIPPLE CREEK

On March 16th, the week during which a stay of proceedings had been granted was ended, and the Cripple Creek District Union made a formal demand upon the mines furnishing ore to the plants of the Colorado Reduction and Refining Company to cease their shipments. The Victor Business Men's Committee made a last effort to get President Moyer and Manager MacNeill together in a settlement, but were unsuccessful. The mine owners took no action, and on March 17th, a strike was called upon all the mines furnishing ores to plants of the Colorado Reduction and Refining Company at Colorado City and Florence.17 The strike affected the Independence, Vindicator, Ajax, Independence Consolidated, Mary McKinney, Isabella, Strong, Findley, Mountain Beauty, Elkton, Granite, Gold King, Thompson, and Blanche mines, which were operating on the open shop principle and employed about 750 union men. The operators of the Vindicator and Mary McKinney mines agreed not to ship to the Colorado Reduction and Refining Company, and were allowed to continue.

The miners were not generally in favor of the strike. They had no grievance of their own, and could not see the logic of leaving their positions to help a few mill men in Colorado City. If the constitution of the Federation had been fully carried out and the question submitted to referendum vote in each local

"The strike at Cripple Creek was called by the District Council upon the formal request of President Moyer. See President's Report in the Convention Proceedings of 1903, p. 28:-"On March 16, after conferring with your Secretary-Treasurer and Member of the Board Copeley, we decided to request District Union No. 1 to notify all men working on properties supplying ore to the Standard Mill in Colorado City to discontinue work." Such a request amounted practically to a demand. (See same, p. 23.) Thus, while the responsibility was technically thrown upon the District Council, the General Executive Board was the real power behind the act. But see also Convention Proceedings, 1903, p. 118. Also, resolution, same, p. 248. "6. We commend the President for his promptness in calling out the miners of the Cripple Creek district to aid the striking millmen at Colorado City."