union there is small likelihood that the men could have been induced to vote the strike.1 18 Most of the mines concerned were under contract to furnish their ores to the Colorado Reduction and Refining Company.19 They could not accede to the demand of the union without making themselves liable to heavy damage suits, and hence the strike was called against them with their hands tied.

The call of the strike at Cripple Creek did not discourage those who were working for a peaceful settlement of the difficulty, but rather induced them to redouble their efforts. The business men of Cripple Creek and Victor continued their vigorous campaign. Governor Peabody on March 19th, issued a proclamation, and appointed a special advisory board to inquire into the labor difficulties, and to come to some conclusion if possible in the matter. As named by the governor the membership of the board consisted as follows: President Wm. F. Slocum of Colorado College, Colorado Springs; Hon. Chas. D. Hayt20 of Denver; Rev. Thomas A. Uzzell21 of Denver; Hon. Frank W. Frewen 22 of Cripple Creek; and Father Joseph P. Carrigan23 of Denver. President Slocum was unable to serve on account of pressure of work, and his place was not filled.

The board convened in Denver March 21st, and held sessions for several days, taking testimony from the federation and mill officials, and others. On the 25th it met in Colorado Springs

18 It should be said that this conclusion differs from that of Walter B. Palmer, who conducted the investigation for the Labor Department of the United States Government, and also from that of W. H. Montgomery, the Deputy State Com. missioner of Labor, in his biennial report for 1903-4. The language in the conclusions of both is identical: "It seems probable that if a referendum vote had been taken of the miners in the district a majority would have voted in favor of the strike." The conclusion of the author rests largely upon his personal knowledge of the conditions. He was in the district twice, in February and March, gathering material for the report on the strike of 1893, and had occasion to talk with a number of the miners. Excepting some of the officers, he did not find a man who favored a walk-out in sympathy with the Colorado City men. There was the strongest feeling that such talk was idle nonsense.

19 Biennial Report Commissioner of Labor, 1903-4, p. 60.

20 Mr. Hayt is an ex-judge of the supreme court.

21 Mr. Uzzell was a popular Denver preacher, and Republican politician. He is now (1905) County Commissioner of Denver County.

22 Mr. Frewen was Representative from Cripple Creek. He is now employed

In the interests of the Colorado and Southern Railway.

23 Father Carrigan has for a long time shown an intelligent interest in labor questions.

and had a conference with a committee of the Mine Owners' Association. Next day it held its session in Colorado City, where it examined strikers, and employees of the mills, and officials of Colorado City.

As the result of its investigations the board reached the conclusion that the points at issue were in reality of small import, and that, "a heart to heart talk" should bring about a settlement.24 Accordingly a conference was secured between the officers of the reduction company and of the Federation, and attorneys for both sides, present also officers of the Colorado City, Victor, and District unions, the Mayor of Cripple Creek, and the Victor committee. Little by little the non-essential points were weeded out, but it seemed impossible to get an agreement upon the points that had proved stumbling blocks at the earlier conferences-the recognition of the union, the wage scale, and the immediate employment of the strikers. Manager MacNeill at length agreed to receive and confer with a committee of the mill employees concerning changes in the wage scale, but still declined to meet such a committee from the Federation. President Moyer waived the recognition of the Federation committee and accepted the offer of a conference without the guarantee of any increase in wages.

On the point of reemployment the negotiations were still unsuccessful. Manager MacNeill was emphatic in his refusal to set a time limit within which the strikers should be reinstated, or to make any agreement by which any men employed since the opening of the strike could lose their positions. The Victor committee offered to give employment to the strikers in the Cripple Creek District at $3.00 per day if the strike should be called off without reinstatement, but President Moyer refused. They then offered to give the same work to men who lost their positions at the Standard Mill if the strikers be reinstated, but

24 Official statment given to the press, March 29, 1903. See also Report of the Bureau of Labor Statistics, 1903-4, p. 62.

"As soon as the members of the Governor's advisory board were sufficiently advised of the real causes of the strike, they concluded that if the parties could be brought together in a heart to heart talk it might result in an amicable adjustment of their differences. This belief was strengthened by the fact that the board was of the opinion that such differences were too slight to be the cause of involving this State in an industrial war."

Manager MacNeill refused. This action, however, broke the ice. Manager MacNeill offered to give preference to the strikers, and take them back as soon as openings could be found at the mills. It was hoped, he said, that the increase in ore shipments would permit the opening of the Colorado Mill shortly, and in that case the men would be rapidly reemployed. This offer was finally accepted by President Moyer. Both sides waived the question of a written agreement, 25 but the advisory board was to meet again in May and determine whether the agreement had been faithfully carried out.20

Telegraphic reports of the settlement were received in the Cripple Creek District with the greatest rejoicing. Bells were rung, whistles blown, the papers put out special editions to spread the news. Purses were raised and bands gotten out. Committees and officials coming in from the conference were met at the trains, and placed at the heads of processions which marched streets illuminated by bonfires and colored powders. There was endless cheering, and tooting of horns, and speechmaking; and over all the ringing of bells, the droning of whistles, and the crash of giant crackers. A mining strike settled was an event for the most intense rejoicing in the Cripple Creek District.

25 This was a serious mistake. The whole latter dispute was made possible only by disagreement as to what had been the exact terms of the compromise. 28 Official Statement of Advisory Board, March 31.

"Mr. Moyer has this day agreed to accept the proposition of Manager MacNeill, as given in the communication of March 29, and he has declared the strike off, basing his action to some extent upon the opinion of the board as to the time within which it may be confidently expected that the men will be reinstated. Mr. Moyer has stated that he did this because he wished, so far as possible, to avoid bringing loss upon others, and particularly the miners and mine owners in the Cripple Creek district, for a cause, which, in the opinion of the board, was not serious."

CHAPTER III

THE CRIPPLE CREEK STRIKE

THE CALL OF THE STRIKE

The shipments of ore to Colorado City did not increase sufficiently to permit the opening of the Colorado Mill. The hope that this mill could be used to rapidly employ the union strikers was therefore without fulfillment. It became apparent early that Manager MacNeill and the Colorado City Union interpreted the terms of their agreement differently. As fast as vacancies occurred the positions were offered by the company without regard to the kind of work or the wage, but were refused by the men unless given their former kind of work and former wage. The company was holding the agreement to mean simple reemployment, the men, to mean reinstatement. Further cause of irritation was the refusal of Manager MacNeill to consider a new wage schedule. He met the committee of mill men according to his agreement, but that was all.

The advisory board convened for its final sessions on May 23rd, and received statements from the Colorado Reduction and Refining Company and the Western Federation. The statement of the company set forth that there had been one hundred two applicants for work, of whom forty-two were refused and sixty offered employment. A detailed list was given of the refusals, with reasons therefor. Forty-seven of the sixty men to whom work had been offered refused it, and only thirteen accepted. Twenty-seven were offered positions at at the same pay they had received before the strike, eight accepted, nineteen refused. Eleven were offered higher wages, three accepted, eight refused. Twenty-two were offered smaller wages, two accepted, twenty refused. Work

had been refused in all cases where it did not give the man the same position that he occupied before the strike.1

The statement of the union took exception to many of the refusals of the company to employ men, and gave a detailed rebuttal to the statements made concerning them. It insisted that the agreement had been to reinstate the men in their old positions, and that the company had failed to keep its promise.2

After several days deliberation the board made a final report to the governor in which the conclusion was reached that the company had to the best of its ability carried out its promises.3 There is every evidence that this conclusion was a just one, so far as the letter of the agreement at least was concerned. The whole question was as to whether the company had agreed to reinstate, or simply to reemploy. Throughout the whole preceding series of conferences Manager MacNeill's position had been firm that he would take no step that would remove from his position a single man then in his employ, and a promise to reinstate the strikers must have meant the displacement of many. President Moyer in his report to the annual convention of the Federation in June states clearly that the proposition from Manager MacNeill which he finally accepted was to "take back" the striking men "without discrimination, if vacancies occur in the working force." and that Mr. MacNeill had just rejected a proposition offered by himself which included the "reinstatement" of the men. As to whether the company had not in reality discriminated by offering work in the most unac

1 Report, Commissioner of Labor, U. S., 1905, p. 129, and following. The statement is given in detail in Official Proceedings, 12th Annual Convention, Western Federation of Miners, pp. 125-133.

2 Official Proceedings, 12th Annual Convention, Western Federation of Miners, pp. 134-140. But see also some contrary opinions by union officers in same, pp. 169-170.

3 The report is given almost in full in the Special Report of the Commissioner of Labor, U. S. A., 1905, Labor Disturbances in Colorado, pp. 130 and 131. Official Proceedings, W. F. M. A., June, 1903, p. 28. Paragraph from the proposition submitted by Mr. MacNeill:

"Third. Men who had left the company's service on account of the recent strike to be taken back without discrimination as to being union or non-union men, if vacancies occur in the working force."

Paragraph from counter "ultimatum" submitted by Mr. Moyer:

"Third. All men who have left said company's service on account of the present strike, and all men who have been discharged, if any, for no reason