n BANCROFT LIBRARY THE Military Occupation OF THE Coal Strike Zone of Colorado < BY THE Colorado National Guard 1913-1914 REPORT OF THE COMMANDING GENERAL TO THE GOVERNOR FOR THE USE OF THE CONGRESSIONAL COMMITTEE Exhibiting an Account of the Military Occupation to the Time of the First Withdrawal of the Troops in April, 1914 PRESS OF THE SMITH-BROOKS PRINTING COMPANY DENVER, COLO. (7 THE Military Occupation OF THE Coal Strike Zone of Colorado BY THE Colorado National Guard 1913-1914 REPORT OF THE COMMANDING GENERAL TO THE GOVERNOR FOR THE USE OF THE CONGRESSIONAL COMMITTEE Exhibiting an Account of the Military Occupation to the Time of the First Withdrawal of the Troops in April 1914 PRESS OF THE SMITH-BROOKS PRINTING COMPANY DENVER, COLO. FOREWORD I am directed to prefix to the report that follows a word of explanation. A committee of the House of Representatives in the Sixty-third Congress investigated strike condi- tions in Colorado. They were not investigating the National Guard, but a mass of testimony was pre- sented to the committee supporting a very bitter attack upon the state troops. To this attack and this testimony the National Guard paid little or no atten- tion. At the conclusion of the committee's sittings in Colorado, His Excellency, the Governor and Com- mander-in-Chief , directed the Commanding General to review the testimony presented to the Congressional Committee and to investigate and report the truth of all the charges and accusations made against the mili- tary arm of the state. The following report is the result of that order. It was prepared by the Com- manding General after careful investigation, and transmitted to the Congressional Committee by the Governor for the purpose of aiding that body to arrive at a true and just estimate of the military situation. The Governor's letter of transmittal accompanying the report to Washington precedes the report itself. Inasmuch as this report exhibits a fairly detailed history of the military occupation almost to the time of the first withdrawal of the troops, and contains matter that cannot fail of interest to all the people, it was directed to be printed in the present form for general public distribution. EDWARD J. BOUGHTON, Major and Judge Advocate of the Military District of Colorado. THE GOVERNOR'S LETTER To the Chairman of the House Committee on Mines and Mining of the Sixty-third Congress April 6, 1914. HON. M. D. FOSTER, Chairman, Mines and Mining Committee, Washington, D. C. DEAR MR. FOSTER': By my direction General John Chase, command- in g the National Guard in the strike zone, has pre- pared a statement of the operations of the Guard, and I herewith enclose it, pursuant to conversation I had with you at the time of your departure for Washing- ton. I have looked over this statement, and believe it to be a very fair and reliable presentation of the facts. I sincerely hope it will be of value to your committee in arriving at a true understanding of the situation in Colorado. With best personal regards, I am Sincerely yours, REPORT OF THE COMMANDING GENERAL TO THE GOVERNOR FOR THE USE OF THE CONGRESSIONAL COMMITTEE TO THE HONORABLE ELLAS M. AMMONS, ' GOVERNOR OF THE STATE OF COLORADO. Your Excellency : The Committee on Mines and Mining of the House of Representatives in the LXIII Congress, having been authorized to inquire of certain matters connected with the present strike in the coal fields of Colorado, and having in their investigations touched upon certain matters connected with the military occupation and the conduct of the Colorado National Guard, Your Excellency directed me to sub- mit for the use of the Committee a brief report of the peace conditions, military operations, conduct of the troops, and such information in my possession as might aid or interest the Committee in the accomplish- ment of its errand under the House Resolution. Accordingly and in obedience to Your Excel- lency's directions, I have made careful, and in most instances personal, investigation along the lines sug- 6 gested, have accumulated and arranged the great mass of information that has come to me as commander of the state troops in the field, and beg leave to submit the following report. For convenience of treatment, the report is divided into the following parts : I. The general peace conditions existing in the disturbed region upon the calling out of the state troops. II. A very brief outline of the principal incidents of the military occupation. III. A succinct statement of certain military poli- cies with respect to some matters inquired of or brought to the attention of the Congressional Com- mittee. IV. A report upon some specific incidents in the conduct of the military, brought to the attention of the Congressional Committee. An appendix is added to the report, in which are collated and copied certain orders, reports, and other documents referred to herein. I GENERAL CONDITIONS AT THE OUTSET In 1910 a strike was declared in Boulder County, Colorado. This strike is still in existence. Deeds of violence have been committed by both sides to the controversy almost from the date of the strike to the present time. The operators in Boulder County repeatedly called upon the then Governor of the state, Hon. John F. Shafroth, for protection of their lives and property. Controversial correspondence was car- ried on between the Governor, the sheriff of the county, and the mayors of the villages involved, with the strike leaders and with the operators in that county. At times the peace officers seemed able to control the violent individuals on both sides of the controversy, and at other times seemed wholly unable to do so. An utter contempt for legal processes and ordinary peace measures has for four years been ex- hibited in this section of the state. At one time a district judge incarcerated for a period of several months sixteen strike leaders whom he adjudged to be in contempt of his court for flagrantly and defiantly violating an injunction against picketing. This judg- ment was made the occasion of a demonstration by the strikers in parading around the courthouse in great force, as an intimidation to the civil authority; and the doctrine was inculcated that allegiance should be paid to the union rather than to the state or country. Because of the failure to effect a settlement be- tween the parties to the controversy in the northern coal fields, a strike in the southern zone was precipi- tated in August, 1913. On account of threatened vio- 8 lence to the properties of the operators and the lives of the workmen about the mines, the sheriffs of Huer- fano and Las Animas Counties, being appealed to by the owners of the mines, placed on duty a large num- ber of deputy sheriffs. The strike leaders selected stra- tegic points for the establishment of the tent colonies which were made necessary by the departure of strikers from their homes on the mine premises. Nearly every one of these tent colonies was so placed that it commanded ingress and egress to and from the mines located in the canon near by. The location of the colonies was not an accident, and, in view of the statute regarding picketing, it would seem that it was a deliberate attempt, on the part of those responsible for the placing of the camps, to bring about a thorough system of picketing without apparently violating the law. The canvas for the tents had hardly been raised before deeds of violence were reported from the vicinity of nearly every one of the colonies. Addi- tional mine guards were placed about the properties to secure the safety of such workmen as were passing the colonies to work. There is no question but that there were instances where the mine guards unneces- sarily provoked the residents of the tent colonies. These latter, in turn, seemed honestly to believe that they and their families were in danger from the mine guards. They, therefore, armed themselves for pro- tection. As instances of violence increased, the op- posing parties to the controversy became violently aroused. For at least ten days prior to the calling out of the National Guard a condition of absolute terror prevailed in the mining camps and in the tent colonies. At least four pitched battles occurred, and 9 at least nine men were known to have been murdered and a large number wounded. The civil authorities seemed, and, indeed, represented to Your Excellency, that they were wholly unable to do anything for the preservation of peace. A large number of battles had taken place throughout the two counties. Anarchy reigned supreme. No attention was paid to the courts or the civil peace officers whatever. People were arrested and detained in the tent colonies, and the sheriff, armed with civil process, was frankly informed that he would not be permitted to serve it. With all the deputies at his command, the sheriff was unable to discharge his usual duties without battle. This awful state of affairs was represented to Your Excel- lency by all of the civil authorities charged with the preservation of the peace. The sheriffs of both coun- ties, the judge of the District Court, mayors, alder- men, county officers, and numerous citizens sympa- thizers with each side of the industrial conflict im- plored Your Excellency to use the power of the state to end the open defiance of the constitution and laws. Accordingly, Your Excellency directed me by executive order to mobilize the National Guard, and to enforce the constitution and laws, acting either in conjunction with or independently of the civil authori- ties, doing all such things as in my judgment seemed necessary to conserve the peace and vindicate the dig- nity of the state. I proceeded with the National Guard to Huerfano and Las Animas Counties on the 28th of October, 1913. I found the conditions even worse than had been described to Your Excellency. I found two bodies of men in large numbers, fully armed, with the intensest hatred of each other in their 10 hearts, ready to fly at each other's throats. The thirst for blood was unmistakably evident, as were the signs of an habitual and long-continued disregard and con- tempt for all civil government. The mining camps and tent colonies, though very numerous, were de- tached and widely separated over two large counties, the district present ing a front of about 100 miles. The military problem entrusted to me was interesting. With the all too meager force at my command, I was able, without bloodshed, to occupy this territory, re- establish the constitution, and enforce a sullen peace. The problems that developed day by day have been difficult and often delicate, and when the time came that there was added to our other difficulties the burden of deliberate deceit and misrepresentation, widely promulgated through the press bureau of the unions, our cup of tribulation nearly overflowed. In the discharge of our duties to the state as citizens, this volunteer force has had to go on silently in the accom- plishment of the patriotic errand entrusted to it, under abuse and frequent scurrilous attacks, without a press bureau for the dissemination of the truth, often being placed in false light and false position before the public. But, at the end of all, the mission has been accomplished, and the state may well feel proud of its National Guard, whose members, uncom- plainingly and at the cost of great personal sacrifice, have served the state so well in its hour of need. II HISTORY OF OPERATIONS Under this head no attempt is made to detail the daily occurrences and the daily and even hourly devel- opments in the peace problem. Only a bare outline of the principal events can be undertaken. Having moved the troops into the field and find- ing the situation in the disturbed counties as I have indicated above, my first effort was so to distribute the relatively meager forces at my command as to pro- tect the entire line of one hundred miles front. Bear- ing in mind that my sole and only object was to carry out the orders of Your Excellency, and enforce peace and the observance of the constitution and laws of the State of Colorado, without reference to any incidental effect upon either side of the industrial conflict, my only desire was to accomplish my mission without bloodshed or the clash of arms, if possible. With two regiments of infantry not, however, fully recruited three troops of cavalry, one detachment of the field artillery, the hospital corps and signal corps, we arrived in the disturbed region on the morning of the 29th of October, 1913. I established one base camp upon the outskirts of the city of Trinidad in Las Animas County, and another base camp at Walsenburg in Huerfano County. SOUTHWESTERN MINE AND POST-OFFICE ARSON While these necessary routine operations were progressing, and during the night of the 29th of Oc- tober, our first day in the field, a conspiracy was 12 formed among certain strikers at Aguilar, which re- sulted in a band of men going to the near-by South- western mine, pouring oil upon the tipple and mine buildings, setting fire thereto and destroying that property, and incidentally the adjacent United States post-office, with the mail contained therein. For a long time thereafter it was impossible to discover the perpetrators of this arson, but months later, through the efforts of the Judge Advocate's office and the Mili- tary Commission, the offenders were apprehended and turned over the United States marshal, upon the re- quest of the Department of Justice of the United States. DISARMAMENT On the 31st day of October, the third day of the occupation, when the establishment of the military camps was well under way, I undertook, pursuant to Your Excellency's express directions, to disarm both sides of the conflict that I found raging upon my arrival. Realizing that in the event of the conceal- ment of their weapons I would have great difficulty in disarming the combatants, I consulted the strike leaders, including John R. Lawson, and obtained from them, and especially from him, an assurance that if I first disarmed the mine guards employed through the Baldwin-Felts Detective Agency to guard the operators' properties, the strikers would then cheerfully surrender the arms in their possession. It must be remembered that, upon our first coming into the field, the National Guard had at least the osten- sible welcome and apparent cordial co-operation of the striking miners. Relying upon the assurances 13 given ine by Mr. Lawson and the other strike leaders, I proceeded to disarm the mine guards upon the various properties, against whom the most bitter feel- ing of the strikers prevailed. In the disarmament of these mine guards I had no difficulty whatever. They were assembled by their employers, the operating com- panies, and promptly turned over the high-power rifles with which they had been supplied. This dis- armament I carried on with respect to the mine guards and employes of the operating companies in every camp throughout the entire strike zone, and speedily finished the complete disarmament of that side of the industrial conflict. It was arranged, upon the completion of the dis- armament of the operators, that the military receive the arms of the strikers, and accordingly, upon the 1st of November, 1913, by an agreement between myself and the strike leaders, a parade of the troops to the tent colony at Ludlow, by far the largest of the strikers' colonies, was arranged. From all appear- ances the very best feeling prevailed between the troops and the strikers. I paraded detachments of the troops of various arms within Las Animas County at the Ludlow tent colony, upon the suggestion and invi- tation of the strike leaders, including Mr. Lawson. My object was not only to receive the arms of the strikers, as promised, but to occupy peaceably and with good feeling the strategic points in the canons about Ludlow, which the presence of so large a body of armed men might have made difficult of accomplish- ment without bloodshed, had my entrance been dis- puted. 14 The parade of the troops at the Ludlow tent colony was memorable. The road for a half-mile or more between the point of detraining and the entrance to the colony was lined on either side by men, women, and children. Many of the men were in the strange costume of the Greek, Montenegrin, Servian, and Bul- garian armies ; for the colony numbered among its in- habitants many returned veterans of the Balkan wars. The little children were dressed in white, as for a Sun- day-school picnic. All carried small American Hags and sang continually the Union songs. Through this line of men, women, and children the troops paraded infantry, cavalry, and field artillery. Flags were waved in welcome, and an improvised band of the strikers heralded our approach. \Ye passed by Ludlow, occupied the Berwind and Hastings canons, and then returned to the colony to receive the surrender of the hundreds of high-power rifles I knew the strikers to be possessed of. At this point occurred the first instance of bad faith on the part of the striking people. Expecting to receive hundreds, if not thousands, of arms, there were de- livered into my possession some twenty or thirty weapons, many of them of obsolete pattern, the strikers topping oil 1 the humor of the situation by in- cluding in the delivery of arms a child's toy pop-gun. Since that time the recovery of the strikers' arms has been attended with the greatest difficulty; it has been a game of hide-and-seek, and while I have been able to recover, a few at a time, a large number of high- power weapons, belonging to the union, from various hiding places, I will state that there are hundreds of guns still concealed and waiting occasion for use. 15 CORONADO RIOT In the meantime I had upon my hands a large number of the mine guards whom I had disarmed, and who, being defenseless in the presence of enemies thirsting for their blood, had to receive protection. These mine guards I undertook to ship out of the strike zone. For that purpose I assembled a number of them in Trinidad. On the evening of the 31st of October I had in the Coronado Hotel at Trinidad a number of mine guards who had been disarmed and were awaiting a train to take them out of the country. Notwithstanding the representations made to me con- cerning the disarmament of the detested mine guards, and when I had rendered them helpless by disarming them, all of which was known to the striking miners, a great crowd gathered around the Coronado Hotel in which these disarmed men were contained, for the avowed purpose of reeking condign vengeance upon their enemies, thus, as they supposed, delivered into their hands. Some five or six hundred men assembled around the Coronado Hotel with the express design of killing the disarmed and defenseless guards within. This is what is known as the Coronado Hotel riot. Notwithstanding all of the fair promises of Mr. Law- son and other strike leaders that induced me to dis- arm the mine guards first, they then rather gleefully assured me that they could not control their people, and that the feeling among the strikers, thirsting for the blood of the mine guards, was such as could not be stayed by any influence of the leaders. I found it necessary upon this occasion to assemble infantry and cavalry in the streets of Trinidad, and to disperse the 16 inob thus bent upon wholesale murder, and to protect the disarmed mine guards until they could take the train out of the district. Fortunately, I was able to quell this riot and prevent large loss of life without bloodshed or other serious consequences than a few arrests. From this time forward, from the breach of faith concerning the disarmament, until this day, the history of the strike leaders has been a record of bad faith, subterfuge, misrepresentation, and chicanery with tie military forces of the state, who entered the field taking no sides, having no interest in the in- dustrial conflict, intent only upon preserving the peace and guaranteeing the constitution, until by these methods the striking miners have come to look upon the National Guard as a foe, in league with their antagonist, and the Guard has come to know that no faith can be placed, and no honesty or integrity of purpose can be found, in the strikers' camps, as con- ducten the 5th of November the camp at Forbes was fired upon by the striking miners, and I found it neces- sary to send a company of infantry to that camp, which lias received military protection ever since. ARMIJO MURDER On the 8th of November one Pedro Armijo was murdered near the tent colony at Aguilar. Armijo 17 was a non-union workman, who, upon that day, was visiting relatives in Aguilar. This town, one of the largest in the district, was inhabited almost exclu- sively by union people. It has been the center and hotbed of disorder during the entire campaign. A committee of the Aguilar local union was sent to Armijo to urge him to join the union. This committee, comprising the president and treasurer of the union and one other, frankly told Armijo that it was highly dangerous for him to stay in Aguilar unless he took a union card. Armijo, however, was not to be intimi- dated, and flatly refused to join. While the committee was inside the house, threatening Armijo, a large crowd of men assembled in the street. The town marshal, a very radical union sympathizer, was then sent by the union committee to deport Armijo from the town. The marshal took him out of his relatives' house and, followed by the crowd, escorted him through the streets of Aguilar in the direction of the tent colony on the outskirts of the t wn - Before reaching the colony, the marshal turned Armijo loose and sent him upon his way toward the camp of his enemies. The unfortunate man was thrust into the jaws of death. Passing along by the tent colony, and about an eighth of a mile from where the marshal left him, he was murdered in his tracks by a gunshot. Instantly both the crowd from town and the inhabi- tants of the tent colony surrounded the body. That the killing was planned and advertised there can be no doubt. The tent colony people and the idle men from the town were upon the ground to see the fun. If the murder had been deliberately planned by the town marshal and the union committee, they could 18 not have acted with greater care to insure its success. Upon the examination of these men before the Mili- tary Commission, they were most reluctant and un- reliable witnesses as to the occurrences of that morn- ing, giving a decided impression that they knew much more than they were willing to tell. SMITH ASSAULT On the same day, November 8, Herbert Smith, a mine clerk at the McLaughlin mine near Trinidad, was overtaken upon his road home by three or four striking miners, and very brutally and severely beaten, so that at one time there was a question of his recovery. No reason for the assault existed other than that Smith was at work, and was considered a scab. The guilty parties were apprehended, and, upon recommendation of the Military Commission, detained for a while and then turned over to the civil authorities. LA VETA KILLING Also on November 8 occurred what has since been known as the La Veta killing, when three mine guards and the driver of their car were shot and killed with- out warning. One John Flockhart, the local representative of the United Mine Workers at La Veta in Huerfano County, learning that William Gambling, a mine guard, was coming to La Veta to have dental work done, with the assistance of Charles Richards and Peter Rich, assembled a number of the strikers, sup- plied them with guns and ammunition from his pri- vate residence, intercepted Gambling by forcibly 19 taking him from a hack, and then conducted him to Miners' Union Hall, where they undertook to make him join the union. Gambling was, however, per- mitted to telephone to the other mine guards on duty in the vicinity, who at once came to his rescue in an automobile. The armed party, under the leadership of Charles Richards, a professed expert shot, proceeded to the outskirts of the village and took up their position behind an embankment a few hun- dred yards from the county road, along which the mine guards must pass. The guards passed into the village without moles- tation, took Gambling into their car, and quietly drove away within five minutes after their arrival. The party on returning from La Veta was com- posed of three mine guards, Gambling, and the chauffeur. When arrived at a turn in the road, about a half-mile from La Veta, in full view of the detach- ment of strikers stationed behind the crown of the adjacent hill, a fusillade of shots was rained upon them. The guards tried to return the fire, but could see nothing of their assailants. Of those in the auto- mobile four were shot and killed. Gambling, though wounded, was the only one of the party to escape the slaughter. I at once sent a detachment to this locality to care for the dead and apprehend the murderers. As a result, Charles Richards, Charles Shepherd, Peter Rich, Sam St. John, and Jose Chavez were arrested. Upon examination they acknowledged the shooting. These men are now held for trial on the charge of murder. Flockhart disappeared immediately after the killing, being given the necessary funds for 20 transportation by the union at Walsenburg, and is still a fugitive from justice. It may be well to remark that a large number of the inhabitants of La Veta were apprised of the coming killing and witnessed it from points of advantage, their advance information emanating from Flockhart and other leaders. PIEDMONT DYNAMITING On the 18th of November the house of one I >oinenik Peffello at Piedmont was destroyed by dyna- mite. Peffello had been an active union man, but had deserted the ranks of the strikers and returned to work. BELCHER ASSASSINATION Two days later, on the evening of November 20, occurred the assassination of George Belcher in the streets of Trinidad. Belcher had been one of the leaders or foremen of the mine guards employed by the operators through the Baldwin-Felts Detective Agency. I have already described the feeling that existed on the part of the strikers toward these mine guards. This feeling was concentrated and centered in a dee]) hatred of their leader, Belcher. Rumors were afloat for many days before his murder that he and Belk, another mine-guard leader, were shortly to be assassinated. About half-past seven in the evening, which in Trinidad is the busiest and most crowded hour of the day, on the main corner of the city, at the intersection of .Main and Commer- cial Streets, beneath an arc light that hangs in the middle of the street, and in the presence of perhaps a 21 hundred onlookers, Belcher was shot from behind as he was walking across the street, by a Tyrolean Italian named Louis Zancanelli. Belcher fell instantly. His blood flooded the pavement, and his brains protruded from the bullet wound through his head. He expired almost at once. It happened that I myself and the Judge Advocate were present in the immediate vicinity at the time of this occurrence, and saw Belcher before he died. Zancanelli was taken on the spot, and within five min- utes of the occurrence was interviewed by myself and the Judge Advocate at the city jail. For five days he shllenly denied any knowledge of the murder, at the end of which time he voluntarily sent for me with the announcement that he had a confession to make. His confession was astounding, and was gratuitously of- fered, not as a result of any third-degree methods of examination or any promise of clemency. He was a psychological study, and he was treated with great kindness ; for it was believed that only by such means could he be induced to tell what he knew. The result proved that to be the case. He stated to me and to the Judge Advocate, and later to the Military Commis- sion, that he had been hired to kill Belcher and Belk by one Anthony B. McGary and one Sam Carter. These two men were, and perhaps are yet, interna- tional organizers of the United Mine Workers of America. Zancanellrs story proceeded as follows: That McGary and Carter had made several trips to Ludlow, where Zancanelli lived, to offer him this em- ployment. They offered the job likewise to one Mario Zeni, his tent-mate. Zancanelli at first declined, but Zeni accepted and came to Trinidad to do the deed. A 22 week afterwards Zancanelli came likewise, and was told by Zeni that he had not had an opportunity to accomplish the murder. McGary and Carter met Zancanelli in Trinidad and played upon his feelings and pride, telling him that Zeni was no good, had no courage, but that he, Zancanelli, could do the job if he would. Thereupon Zancanelli undertook it. McGary and Carter told him that he would probably be arrested, but that the union was so strong and powerful that it would get him out of jail at once, and protect him from the consequences. They told him also that, if he succeeded, the union would take care of him the rest of his life, so that he would not have tp work. They promised him $1,000 ; that is to say, $500 for each murder. The four of them Carter, McGary, Zancanelli, and Zeni went from union headquarters across the street to a saloon, and there McGary cashed a check for $50, receiving the money in gold, and paid $25 each to Zancanelli and Zeni upon account two $10 gold pieces and a $5 piece to each. Zancanelli then had Belcher pointed out to him, and followed him around and lay in wait for him. On the evening of the second day thereafter his opportunity came, and he stole up behind his victim and shot him with a revolver that McGary had furnished him for the purpose. This revolver had certain peculiarities by which it was identified readily by its owner. It had belonged to one Barulich, a chauffeur employed by the union to drive its car. Barulich stated that he car- ried the gun in his automobile when driving McGary and Carter around from camp to camp, and that it had disappeared a short time before, and that he sup- posed either McGary or Carter had taken it. 23 Upon this confession of Zancanelli's, effort was immediately made to arrest McGary and Carter, and it was then discovered that they had fled the state the day after the murder. This same Barulich stated that he was directed by McGary and Carter to take them in the car to the first railroad station east of Trinidad ; that upon arrival there McGary and Carter had directed him to proceed further eastward, and that upon arriving at each town in their progress he received similar orders to drive further, until they reached Lamar, a town on the Santa Fe railroad near the Kansas border. Upon arrival at Lamar an east- bound train was just pulling in. This train was boarded by McGary and Carter, who directed Baru- lich to return to Trinidad. I personally offered a reward of $1,000 for the ar- rest and return of each of these two fugitives ; but, not- withstanding the reward and all my efforts to discover them, their whereabouts are still unknown to any of the authorities. Possibly there is no significance in the fact, but I have remarked that in the printed statement of the treasurer of the United Mine Workers, compiled at Indianapolis, in addition to the salary account paid McGary, there appears an item "A. B. McGary ex- pense, $50.00." Zancanelli stated that he made this confession be- cause McGary and Carter had not kept their word with him in getting him out of jail, and he felt that they had deserted him, and that they should bear as much of the blame as he. He was told, before he made the confession, that it would be used against him, and that he was under no compulsion to make it. He told 24 his story circumstantially and minutely to a great many persons, but without feeling of remorse or re- gret. Zeni steadfastly denied all knowledge what- ever. Later the grand jury indicted Zancanelli, Zeni, McGary, and Carter. Zancanelli was turned over to the civil authorities and is now held for mur- der. Zeni was turned over before the grand jury had indicted him, and the civil authorities released him. He stayed around long enough to make a very ridic- ulous affidavit, manifestly prompted by the strike leaders, concerning alleged cruelties to the military prisoners in the city jail, and then departed for parts unknown another instance of the many affidavit men who cannot be found after their affidavits have served their intended purpose. Zeni, like McGary and Car- ter, is now a fugitive from justice. ALEXANDER MURDER On November 23 I discovered James Bicavuris in a hospital in Denver. I arrested him and took him to Trinidad, where his case was submitted to the Mil- itary Commission. The occasion was as follows: During one of the battles between the strikers and mine guards in the Hastings and Berwind canons, one Alexander, a mine guard, was deliberately shot by the strikers. It seems that the mine guards at Hastings were not acquainted with the mine guards in the adjacent canon at Berwind, and so they adopted the device of tying a handkerchief around their arms as a distinguishing mark, whereby they might recog- nize each other. Early one morning, before the troops arrived in the field, a group of mine guards from Hast- ings, expecting an attack from the strikers at Ludlow, 25 were reconnoitering upon the hills adjacent to their camp. They were expecting to be reinforced by the mine guards from Berwind. In the dim light of breaking dawn the Hastings guards, of whom Alex- ander was one, encountered a tall man, with a heavy shock of red hair, with a handkerchief tied upon his arm. This man called to the party of guards, saying : "We are the Berwind guards; come on!" By this ruse he led the Hastings men up the side of a hill, and, as they approached the crest, concealed strikers rose from their cover a few feet away, and delivered a fusil- lade of shots, killing Alexander. The man who had been used as a decoy was seen to approach and rob the body of Alexander after the latter was killed. In the doing of it, however, he was accidentally shot in the leg by a stray bullet from his own people. The wounded decoy disappeared, and when I found Bicu- varis in Denver, just recovered from a gun-shot wound in the leg, and maintained in the hospital at the ex- pense of the United Mine Workers of America, I caused to be introduced into the hospital w^ard Alex- ander's companions, who instantly picked him out of twenty or thirty patients, and identified him positively as the man who led Alexander to his death. This tes- timony being submitted to the Military Commission, Bicuvaris was detained, and later delivered to the civil authorities, in whose custody he now is, awaiting trial for murder. It appeared from the testimony be- fore the Military Commission that the United Mine Workers had officially taken care of Bicuvaris, con- cealing him from the authorities, conducting him to Denver, and paying his hospital expenses during his recovery from his wound. Bicuvaris is a Greek, speak- ing English but imperfectly. 26 MILITARY COMMISSION About this time I instituted the Military Commis- sion, whose purpose, functions, and service I have ex- plained elsewhere in this report. STRIKEBREAKERS About December 1 Your Excellency modified your instructions concerning strikebreakers, and di- rected me to see that the law was strictly enforced; where workmen were desirous of entering the state to secure work in the mines, to give them necessary pro- tection, and see that they knew in advance the con- ditions of employment and that a strike existed. The first workmen arrived about the 17th of December. I was very careful to ascertain whether they knew the conditions of their employment and the pendency of the strike, and in those instances where I was not satisfied that the law had been complied with in that respect, the strikebreakers were held for investigation. In other cases they were given safe conduct and pro- tection to the camps where they had contracted to labor. VACCINATION OF LUDLOW TENT COLONY On the 29th of December I found it necessary to insist upon the vaccination of the inhabitants of the Ludlow tent colony. This task was accomplished by the medical corps of the National Guard, under the directions of the Surgeon-General of the state, Colonel Lingenfelter. It was not performed without much dis- sent and protest on the part of the strikers in the 27 colony, but the vaccination was successful and a plague of smallpox, which had started, was success- fully stamped out. ROUTT COUNTY EXPEDITION 1 On the 5th of January Your Excellency directed me to send a company of infantry to Koutt County. Accordingly I sent Company G, First Infantry, Cap- tain Dorn commanding, together with the necessary staff and medical officers. The occasion for the occu- pation of Routt County was that the citizens at Oak Creek rose en masse and announced that the union leaders were a menace to society, and Avould have to leave the county within twenty-four hours, or the citizens, banded together for that purpose, would drive them out. The strikers themselves called upon Your Excellency for protection against the citizens of Routt County, and that protection was promptly afforded. MOTHER JONES On the llth of January Mary Jones, or Mary Harris, alias "Mother Jones," appeared in Trinidad in defiance of Your Excellency, with the avowed and proclaimed purpose of stirring up trouble. I have discussed this woman elsewhere in this report. By Your Excellency's directions I arrested Mother Jones, placed her in San Rafael Hospital, a church institu- tion, giving her every Qomfort, but depriving her of being at large to carry out her incendiary purposes. MOTHER JONES RIOT Ten days later there occurred a riot in the streets of Trinidad, known as the "Mother Jones riot." By 28 this time the military forces had been able ft) enforce a sullen and unwilling peace in the disturbed region, and the strikers had evinced a disposition to cause dis- turbance and disorder through their women folks. They adopted as a device the plan of hiding behind their women's skirts, believing, as was indeed the case, that it would be more embarrassing for the military to deal with women than with men. Accordingly a parade of women was arranged as a demonstration to protest against the incarceration of Mother Jones. The leaders in the movement consulted me, asking per- mission to carry out the parade, and promising that the line of march would be confined to the down-town streets of Trinidad, and particularly that no effort would be made to march upon the hospital where Mother Jones was detained, and which is adjacent to the military camp, about a mile from the center of the city. With that understanding, I freely gave per- mission for the parade to occur. The parade of women was had as planned, but it was noticeable that the men, while not in the parade, were present in the im- mediate vicinity and available to participate in any riot that might occur. Contrary to the promise given me by the leaders, the hundreds of women in the parade, together with the hundreds of men upon the sidewalk, started toward the hospital and the military camp, with loud shouts of their intention to liberate Mother Jones by force. I found it necessary to break up the parade and clear the streets, which was done promptly and effectually. So soon as the disorder commenced, the men, quite evidently waiting for that to transpire, joined the crowd and participated in the melee. The strike leader, Diamond, who was then 29 in charge of the union people of Trinidad, instead of using his efforts to dissuade his people from their un- lawful intentions, I discovered to be calmly taking photographs, for use doubtless of the union press bureau and the Congressional Committee. I was com- pelled to make numerous arrests upon that occasion of persons who were later released or turned over to the civil authorities. The fact that the parade itself consisted of women has been made the subject of much flamboyant and untruthful comment by the union leaders, but the situation was a dangerous one, and I have to congratulate and commend the National Guard for the patience with which the crisis was handled. It was truly a miracle that no blood was shed, and the miracle is due alone to the self-restraint and patience of the National Guardsmen under the most provoking and trying circumstances. Sticks, stones, and other missiles Avere freely thrown by men and women alike at the soldiers, but the latter disre- garded the blows they received, and bore themselves well and manfully, intent alone upon clearing the streets and dispersing the mob. WALSENBURG BOMB On the 27th of January a crude bomb was throAvn into the military camp at Walsenburg. It did not explode. Whence it came was a mystery, and no arrests could be made on this account. The* incident, however, shows to what lengths those opposed to the military will go, and what precautions must neces- sarily be taken by the state's troops in sheer self- preservation. Had the bomb exploded, it would have killed a great portion of the soldiers about the head- quarters of the camp. 30 HABEAS CORPUS On the 29th of January four habeas corpus cases were tried before the District Court of Las Animas County, involving the right of the military authorities to arrest and detain persons without accusations of specific offenses. After a lengthy argument between counsel for the United Mine Workers and the Judge Advocate, the district judge vindicated the right of the military to arrest and imprison, following in that respect the judicial determinations of the same ques- tion by every state court in which the situation has arisen, and by the Supreme Court of the United States. FREMONT COUNTY EXPEDITION On the 31st of January Your Excellency directed me to send troops into Fremont County, the occasion being an attack by armed strikers upon trains bearing strikebreakers to the mines. Pursuant to those direc- tions, I sent Major Kenned} 7 with a company of in- fantry and a detachment of cavalry to Florence, diminishing by this and the expedition to Routt County the all too meager force at my command wherewith to protect the citizens of Huerfano and Las Animas Counties. By Your Excellency's orders, about the middle of February the troops were withdrawn, first from Fremont County and then from Routt County, the necessity for their presence, in Your Excellency's opinion, having passed. 31 MOTHER JONES' HABEAS CORPUS SUITS Early in February counsel for the United Mine Workers made application to the Supreme Court of the State of Colorado for an original writ of habeas corpus in the case of Mother Jones. This application was denied by the Supreme Court. On the 6th of March the habeas corpus petition in the case of Mother Jones, addressed to the District Court of Las Anirnas County, was denied, and Mother Jones remanded to my custody. During the argu- ments in court upon all of the habeas corpus cases, the court-room was packed on each occasion with a heterogeneous audience, the major portion of which neither spoke nor understood the English language. The crowd was very unusual and could not have been attracted by any desire to hear the proceedings, which it could not understand. Without any doubt in the Avorld, these men Greeks, Montenegrins, Italians, Servians, and other recent arrivals from the southern countries of Europe were present for the one pur- pose of participating in any riot that might be started. On the last occasion, March 6, I discovered a con- spiracy among certain Italians in the audience to kill myself, the Judge Advocate, who was presenting the argument, and the district judge, who had incurred the hatred of the strikers by his decisions. The con- spiracy was not unusual, since I have had military in- formation of just such plots over and over again ; but, upon a showing of this particular conspiracy, the actual production of Mother Jones in court was waived by counsel for the United Mine Workers. On each of these occasions I found it. necessary to sur- round the courthouse with soldiers. I have always 32 been able to enforce order mid prevent riot or dis- perse mobs, but with all the forces at my command I could not prevent secret assassination, and assassina- tion was impending that day. FORBES MURDER An episode has occurred since the visit of the Congressional Committee, which has been given nation-wide publicity through the press bureau of the United Mine Workers of America. The incident is so typical of the falsehoods spread broadcast concerning the National Guard by the union leaders that I beg leave to acquaint Your Excellency and, through you, the Congressional Committee \vith the facts. A non- union miner by the name of Neil Smith, working at Forbes, was murdered on the railroad tracks between Forbes and Suffield. The murder \vas particularly brutal. It was committed with large stones held in the hand, with which the victim was beaten to death. His skull was smashed in, and his whole body so pounded and mutilated as to be almost beyond recog- nition. The blood-deluged stones and clubs used are in the possession of the coroner of Las Animas Coun- ty. After being killed, the victim's body was laid on the railroad track to be run over, as it was, by an ap- proaching train. The train passed over the body at 7 :40 in the evening. At six o'clock the deceased was seen walking briskly towards Suffield at a point not a quarter of a mile from where he was discovered dead. In an hour and forty minutes, if the union's theory is correct, he had walked less than a quarter of a mile. The stones and sticks covered with hair imbedded in the dried blood, found beside the rail- road track, conclusively negative any theory other than murder. Three distinct sets of foot-prints led from the body, where it lay on the railroad track, across country by a devious route into the union tent colony at Forbes. The foot-prints were very dis- tinct and were not lost once. It was known that by an incident of this kind the union people desired to strike terror into the hearts of those at work. There were two tent colonies at Forbes, knoAvn as the upper and the lower colony. In one are men, women, and children. In the other are men only. It Avas to the latter colony that the foot-prints of the murderers led. All of the tent colonies in the disturbed region are so established strategically as to guard the mouth of the canon and by their presence terrorize and intim- idate non-union workmen. This was particularly true of the Forbes colony. It is so established that no workmen can leave the camp at Forbes without pass- ing along or through it. Upon discovering these facts, I arrested all of the inhabitants of this lower colony, numbering some sixteen men. I then directed the re- moval of the tents, and they were taken down. In my judgment it was a military necessity. The col- ony was known to harbor the murderers of Smith, and Avas a menace and continuing intimidation. So soon as the tent colony was razed the strike leaders besieged Your Excellency Avith protests, and sent to the President of the United States a message to the effect that I had destroyed the homes of the people and turned Avomen and children nay, infants in arms out into a blinding blizzard, homeless and Avith unspeakable suffering. There Avas no blizzard; 34 there were no women, children, or infants in the col- ony, and every inhabitant deprived of a home by the razing of the tents was furnished shelter in the jails of Trinidad. I have the statement of the president of the Forbes local union, made to the Judge Advocate, that there were no women or children in this colony, and never had been since its inception. Accordingly, by Your Excellency's direction, I telegraphed the true facts to the President of the United States, a copy of which message I attach hereto. In this case it is interesting to note that the president of the local union, in answer to a question of the Judge Advocate, stated that the Forbes local comprised some fifty- three members, mostly English-speaking, being Eng- lishmen, Scotchmen, Irishmen, and Welshmen, and that of the number there were but three American citizens. The examination of the prisoners revealed over and over again English-speaking men who had been in this country between twenty and thirty years, yet had never attempted to become American citizens, but remained still subjects of the British crown. These are the class of men who clamor most loudly about their constitutional rights. WILLIAMS' ATTEMPTED ASSASSINATION As I write this report, another instance of out- lawry has occurred. The other night the business men of Trinidad met and formulated a joint telegram to Your Excellency, endorsing Your Excellency's policy, and pleading for the protection that continuance of the state troops in Trinidad assures. One of the business men so joining in approval of Your Excel- lency and the military, forces of the state was dis- 35 covered the day before yesterday in a dying condition in his office, having been murderously beaten and left for dead. He was taken to San Eafael Hospital, and, from the latest reports received, has not yet recovered consciousness. HI GENERAL POLICIES USE OF HORSES, MULES, AND AUTOMOBILES On entering the field, the National Guard owned only fourteen head of draft-horses a totally inade- quate number for the Quartermaster General's De- partment, which is charged w r ith the supplying of the troops with all manner of stores. Two hundred and seventy-nine head of horses were finally purchased for draft use and mounted troops. The Commanding General very gladly accepted the offer made by ranch- men and some of the operators to take over horses and mules to be used without charge to the state. In this way twenty-one head of saddle horses were in use without expense other than their feed, being drawn from the ranches in the vicinity of the strike zone, and fifteen head of mules were secured from the various coal mines of the district. In Huerfano and Las Animas Counties the troops were distributed over about 120 miles of territory, much of which was distant from railroad transporta- tion. It became necessary to provide transportation other than horses, in order that the Commanding General and certain officers of his staff might pay frequent visits to the detached posts. At various times six different automobiles have been used, four of which were private cars and two said to have been owned by the operators. Some complaint was urged by the strike leaders against the use of these cars, and request was promptly made of Mr. Lawson that he also fur- nish one or two cars for the use of the troops. This request he declined. 37 ENLISTMENT OF MINE GUARDS The enlisted personnel of the National Guard of Colorado is largely made up of small property-owners, clerks, professional men, and farmers. It has always been the custom, upon mobilization of the troops for protracted service, to relieve from duty those soldiers vvnose presence at home is most greatly needed, en- listing in their places men who have served in the regular army, in the marine corps and navy, and the National Guard of this and other states, great num- bers of whom are usually available in the cities and towns of the state. Among the mine guards who were thrown out of employment by the presence of the troops in the field, a few ex-soldiers were found whose discharge papers were of such a character that it seemed desirable to enlist them in the National Guard of Colorado. So far as it has been possible to ascer- tain, no Baldwin-Felts man ever offered himself for enlistment or became enrolled in the service. All men enlisted in the National Guard were given the pay of the rank in which they were serving as soldiers, and were subject to the same orders as other soldiers. A few of the men enlisted among the mine guards were paid for a time additional sums by the operators. This is a matter in which the Commanding General has no interest, as it ( has 'been customary for business houses to continue the pay of employes who are serv- ing the state under orders of the Governor. DISARMAMENT The Governor in his first letter of instruction directed that all persons should be disarmed unless 38 authorized to bear anus. In compliance with this order, weapons were taken from tin* peace officers of both counties, from the deputy sheriffs and mine guards found about the properties of the operators, fmm the tent colonies of the strikers, and from such homes and stores as were being used to the disturb- ance of law and order. In all 1,872 guns and pistols have been gathered, about an equal number being taken from the deputies and strikers, and about two tons of explosives. Directions were given, very soon after entering the strike zone, that the importation of arms and ammunition should cease, and that no guns, ammunition, or explosives should be sold without the permission of the Commanding General. Many of the guns which were in transit at j:he time of the mobiliza- tion of troops were returned to the factories and wholesale dealers in the East. Where arms were vol- nntarily turned over to the soldiers, a receipt carrying a description of the gun was given to the owner of the weapon. Where false statements have been made as to the presence of guns, it has been customary to con- fiscate the weapons when found. The first weapons gathered in Huerfano County were taken from the sheriff and his deputies. STRIKEBREAKERS AND STRIKE NOTICES In the Governor's letter of instruction dated Oc- tober 28, 1913, occurred the following order : "To see that all persons desiring to return to work shall be permitted to do so and to go and come when they will without molestation or inter- ference of any kind whatsoever; and during the restoration of order or until further orders no strikebreakers shall be shipped in. With these purposes in view you should have the fullest co-operation of every good citizen." Every operator in the strike zone was promptly notified of this ruling, and was directed that any plans under consideration for the introduction of workmen from outside the State of Colorado should be with- drawn until such time as the Governor lifted the pro- hibition for the introduction of workmen from with- out the state. One band of twelve Japanese was per- mitted to come in by a special permit of the Governor, as they had previously worked in the strike zone and were fully cognizant of the fact that the strike was in progress. The Governor directed by telephone that at any time \vhen two or three former workmen de- sired to return to any of the mines, they should be allowed to do it. The strike leaders repeatedly called the attention of the Commanding General to alleged efforts to violate the order concerning the introduc- tion of workmen. Each case was investigated by an officer detailed for the purpose, and in only one in- stance that of the introduction of Mexicans at Gray Creek was there even an appearance of an effort to evade the order of the Governor. Prior to the issuance of General Order No. 17, a copy of which is attached, the operators were informed that they would not be permitted to im- port to their mines any workman who had not pre- viously been interrogated by an officer of the National Guard as to his knowledge of the strike and conditions of employment in the State of Colorado. Each officer 40 of the National Guard was furnished with copies of General Order No. IT, and the order was printed in the local press. The first importation of work- men arrived from the East, passing through La Junta. In order to test the efficacy of the method adopted for interviewing workmen, Captain Nicker- son was sent to La Junta to meet the train bearing the workmen. Upon his recommendation that there was ample time after the arrival of workmen in the district to test their knowledge of the strike and labor condi- tions in Colorado, no other officer was sent out of the strike zone to intercept workmen. Upon several occasions complaints were made that workmen had been brought into the mines without a complete check being made. Officers were detailed to investigate, and tlu'ir reports show that in each instance the check had been thoroughly made. Prior to the promulgation of General Order No. 17, the operators were invited to a conference with the Commanding General to devise a scheme of notification to the workmen entering the strike zone, which would give evidence of compliance with the law. At this time notices were drafted, and printed in several languages, which were afterwards, as I am informed, supplied to each laborer imported. One of these printed notices is attached hereto. UNITED STATES MAILS Nearly every mining camp in southern Colorado is located on land which for purposes other than mining is almost worthless. Such population as gathers about the mines is for purely mining pur- poses. This has necessitated the placing of post- 41 offices, for the convenience of the inhabitants, on mining property privately owned. One of the deli- cate situations requiring wise control on the part of the soldiers on duty in the strike region has been to permit all persons who were accustomed to receive mail at these mining post-offices to proceed to the post- office, and at the same time insure against interfer- ence with persons or property connected with the other side of the industrial conflict. The condition referred to has been aggravated in several of the camps by the fact that county roads pass through the mining camp, and, as Your Excellency well knows, no highways in the strike zone are fenced. As an in- stance of the conditions referred to, of the care exer- cised by the officers and the good judgment exhibited by the enlisted men, the reports of the officers con- nected with the alleged interference of the mail at Rouse are herewith submitted. ALLEGED PEONAGE Numerous inquiries have been made of the Com- manding General by the committee of the trades as- semblies of Colorado, by strike leaders and individ- uals among the strikers, as to the restraint alleged to have been exercised by soldiers over workmen desir- ing to leave the various mining properties. It seems incredible that such a charge should be made against a soldier; for it is a well-known fact that the mine operators openly assert they want no man on the pay-roll who has become dissatisfied with his work, or who desires to leave. Therefore it is easy to un- derstand that no request has ever been received by any officer or soldier of the National Guard of Colorado to 42 prevent the departure of any workmen seeking to leave, nor has there been an instance known to the Commanding General where an officer or enlisted man of the National Guard ever prevented the exit of any workman from a mine, unless all egress from a camp had been barred temporarily to investigate some al- leged crime. POLICE INFRACTIONS BY TROOPS Something over 2,000 different soldiers have been on duty in the strike zone of Colorado. The dis- cipline of the men, the efficiency of the officers, and the quality of service rendered have been a constant surprise to such soldiers as have had the facts to judge from. No instance of disobedience or neglect of orders on the part of an officer has come to the at- tention of the Commanding General. There have been fewer infractions than might have been expected from the nature of the service, which was peculiarly trying to disciplined soldiers. Every case of drunkenness or other irregularity was cared for by the proper mil- itary courts. The summary courts tried 424 cases, and the general court martial considered 30 cases. THE MILITARY COMMISSION I feel it due to explain the purpose and functions of the Military Commission which was established by my order shortly after the assassination in the streets of Trinidad. I found that military prisoners were ac- cumulating in the jails, whose individual cases needed more thorough investigation than the Commanding General had time or occasion to make. I therefore 43 detached a board of officers, which I designated the "Military Commission. " This board or commission I constituted of officers of higher rank in the service of the state, known in their local communities as rep- resentative men of high ability, upright character, and irreproachable integrity. While the personnel of the commission was changed slightly from time to time, as the necessities of the service required, still I aimed always to assign to this body officers in whom Your Excellency, the Commanding General, and the people would have the geratest confidence. As orig- inally established, the commission comprised the In- spector-General and Paymaster-General of the State, Colonel C. B. Carlile, who, in civil life, is a banker in Pueblo; the Surgeon-General of the State, Colonel G. P. Lingenfelter, a distinguished Denver physician ; Colonel Edward Verdeckberg, commanding the First Regiment of Infantry and the central camp at Wal- senburg, a manufacturer of Denver; Major A. H. Wil- liams, Adjutant-General of the First Brigade, a Den- ver business man; Major A. F. Reeves, a real-estate man of Montrose, who has since been appointed post- master of that city by the President; Captain A. D. Marshall, the secretary of the Sons of the American Revolution; and Lieutenant W. A. Spangler, a Den- ver attorney. Afterwards, at different times, Major Lester, a Walsenburg physician ; Captain Dailey, clerk of the District Court at Fort Morgan ; Captain Frost, an attorney of Colorado Springs; Captain F. D. Bart- lett, a professional man of Denver, and Captain Downer, a merchant of Ordway, served upon the com- mission. 44 The purpose in view in establishing the Mili- tary Commission was to prevent the imposition of unnecessary hardship and imprisonment in cases where no reasonable grounds existed for detention, and to insure, by the collective judgment of such a board, wise and discriminating imprisonment of those who should be detained as a military necessity. While the board was advisory purely, I yet sought to substitute for the sole judgment of the Commanding General the collective wisdom and painstaking results of these high-minded and patriotic gentlemen. The Military Commission was in no sense a court. It did not undertake to try anyone for criminal offenses or anything else. It was a kindly and humane device established for the sole purpose of minimizing the possibility of error in judgment attaching to the in- carceration of civilians. In the same order I established the office of the Judge Advocate of the Military District, and desig- nated Major Edward J. Boughtpn, an attorney of Denver and Cripple Creek, the Judge Advocate; as- signing to his office as assistants Captain William C. Danks, of Denver; Captain Edward A. Smith, of Denver; Captain Hildreth Frost, of Colorado Springs, and Captain J. R. Charlesworth, of Delta; all prac- ticing attorneys-at-law. The purpose of the Military Commission and the Judge Advocate's office was accomplished even beyond my expectations. A very large number of arrests were made for various reasons. All of these cases were in- vestigated, the evidence collected and submitted to the Military Commission by the Judge Advocate, and recommendations either of release or continued deten- 45 tion were made by the commission to the Commanding General, and acted upon promptly by him. In all 172 cases were thus investigated and disposed of. It is interesting to note that 325 witnesses appeared before the commission. Of the prisoners, 141 were foreign- ers, 14 were Greeks, 46 Italians, 43 Mexicans, 24 Slavs, 14 other foreign nations. There were 31 Americans. The moral effect of the Military Com- mission was tremendous. It was able to ascertain the true facts in cases where the civil authorities had con- fessed themselves wholly unable to do anything. Whenever it was discovered that the prisoners were amenable to the civil law for specific criminal offenses, they were turned over to the civil authorities, to- gether with the evidence collected by the commission. The nature of the cases submitted may be summarized as follows: murder, 29; assault, 42; disturbance, 20; rioting, 19; subverting military discipline, 17; arson, 20; drunkenness and disorderly conduct, 15; held as witnesses, 21; insanity, 1; picketing, 1; fugitive from justice, 1. No effort was, of course, made in that di- rection, but it so happened that the political com- plexion both of the Military Commission and the Judge Advocate's office was distributed very evenly among the recognized political parties in the state, even the socialist party being represented thereon. "MOTHER JONES" The person known as "Mother Jones" has oc- casioned considerable publicity and some embarrass- ment during the occupation. The embarrassment of her presence is not, however, confined to the military authorities by any means. It was at one time stated to me and the Judge Advocate, by Mr. McLennan, one of the principal strike leaders, that Mother Jones \\ as invaluable as an organizer in the early stages of the strike, because she excited the men, but had al- ways* proved very embarrassing to the union chiefs in the latter stages, particularly when there was possibility of a compromise or adjustment. McLen- nan stated in that conversation that Mother Jones was a very headstrong old woman, who would not sub- mit to guidance or suggestion of any kind, even from her own people, and that they had to suffer her to do as she wanted, oftentimes to the great annoyance of those in charge of the strike. She is an eccentric ami peculiar figure. I make no mention of her personal history, with which we are not concerned. She seems, however, to have in an exceptional degree the faculty of strirring up and inciting the more ignorant and criminally disposed to deeds of violence and crime. Prior to the advent of the state's troops she made a series of speeches in the strike zone, of which I have authentic and verbatim reports. These speeches are couched in course,. vulgar, and profane language, and address themselves to the lowest passions of mankind. I confidently believe that most of the murders and other acts of violent crime committed in the strike region have been inspired by this woman's incendiary utterances. The fact that she is a woman and ad- vanced in years she uses as a shield, as well as a means of invoking popular sympathetic sentiment in case of her incarceration. She is undoubtedly a most dangerous factor in the peace problem. I am informed that she was so found in West Virginia and elsewhere that disturbance and anarchy held sway. She was 47 held for murder in West Virginia, and I am advised that her police record is in the possession of the Pink- erton Detective Agency. As Your Excellency is fully aware, she defied all government and all authority of the Governor to Your Excellency. Every effort was made to induce her to remain away from the troubled district, and the co- operation in that respect of the strike leaders was invited. These latter, however, while evincing a dis- position to keep Mother Jones out of the territory, frankly confessed their inability to do so. She came to Trinidad, after publicly declaring her intention to incite trouble. In view of her history in other places and the evident effects of her incendiary utterances in Colo- rado, Your Excellency deemed it wise and even neces- sary, as a military measure, to restrain Mother Jones of her liberty so long as she persisted in remaining in the strike region. Accordingly, upon the day of her arrival in Trinidad I arrested her and placed her in San Rafael Hospital, upon the outskirts of the city, where she was given every attention conducive to her comfort. She was advised that she was always at entire liberty to leave the disturbed parts of the state, but she pertinaciously and with great contumacy in- sisted on remaining in imprisonment. It was avowed- ly present in her mind to excite sympathy for the union cause by submitting to a continued incarcera- tion, and with that in mind she was at first very angry that she had been so nicely restrained at the hospital, instead of being confined in a common jail, of which she felt she would be able to make more capital. After many Aveeks' confinement, however, she sought a 48 confidential interview with Colonel Davis, commanding the central camp at Trinidad, in which she discussed ways and means of bringing about her departure and at the same time saving her face. Being anxious only to get rid of the incendiary woman, her sugges- tion that she be permitted to go to Denver, ostensibly to see Your Excellency, and that, if liberated at that place, she would depart upon some excuse of her own, was readily adopted. Upon her own suggestion, she was brought to Denver and liberated as suggested, but she promptly repudiated the rest of her proposal, and, after interviewing her attorney and strike leaders, and remaining in Denver for three of four days, she returned to the strike , district, where again, by Your Excellency's directions, I have had the unpleasant duty of detaining her. She was again notified that she was free to leave the district at any time she wished. She returned to the strike district, not for the transaction of any business, or for any other pur- pose than to defy the power of the state, and, as she stated in numerous interviews, "to establish her con- stitutional right to go w r here she pleased," and in open defiance of the power and authority vested in the chief executive. IV SOME SPECIFIC INCIDENTS I come now to report upon specific incidents testified to before the Congressional Committee. In this connection it should be remarked that consid- erable testimony was presented of complaints against the conduct of officers or soldiers of the National Guard. In a great many of these instances the wit- ness could not, or at any rate did not, state facts from which either the identity of the men complained of or the incident referred to could be established. Such testimony has been painfully illusive, since it has afforded no means of checking the witness by investigation, and affords no opportunity to combat or refute the testimony. Another large class of testi- mony produced before the Committee and attacking the National Guard does not appear to fall relevantly within any of the enumerated lines of inquiry author- ized by the House resolution. Again, much was stated to the Committee concerning minor police in- fractions by individual soldiers whose offenses were properly disciplined in the usual way, wherever known. In this connection it was very easily dis- cernible that a disposition existed in the witnesses hostile to* the National Guard, and in those indi- viduals conducting the attack upon the Guard, to keep secret from the proper military officers any mis- conduct on the part of soldiers, thus often preventing the disciplining of the offender or proper investiga- tion of the charge at a time when the true facts were ascertainable. It seemed to be a settled purpose to treasure up known charges of alleged misconduct 50 against soldiers to be used as testimony before the Committee, great care being taken, wherever possible, not to acquaint the military authorities with the grounds of complaint against individual soldiers, so as to afford means of correction. With the large number of soldiers in the field, and scattered among some thirty-six detached posts over a territory one hun- dred and twenty miles in extent, there have doubtless occurred instances of misconduct and disorder on the part of individual soldiers. It would, indeed, be very strange if such was not the case. But I can confidently assert that no very serious offenses have been committed, and that in every instance where infraction of the law or the moral misconduct of men has occurred, and where the military authorities had knowledge, or could by the exercise of the utmost diligence have obtained knowledge, the offenders have been promptly and severely disciplined and punished. Considering the size of the force, the necessity of such discipline and the occasions of such misconduct have been remarkably few; and, indeed, I have to commend the patience and good conduct of the men in the field as truly exceptional under a great strain, and often under almost unbearable provocation. So far, then, as I have been able to ascertain from the testimony produced before the Committee what incidents and what men were referred to by the hostile witnesses, I have thoroughly and personally investigated the cases cited and am able to report the true facts of each. 51 EXCLUSION OF LABOR COMMISSIONERS It was testified by the witness Eli Gross that he and certain other representatives of Labor Commis- sioner Brake were sent to Delagua, Hastings, Tobasco, Berwind, and Forbes to discharge certain official duties, and that at the latter place they were pro- hibited from seeing the men in the mines, and es- corted out of camp and excluded therefrom, by Lieu- tenant Olinger of the National Guard. The facts are that Mr. Gross and his party were ostensibly visiting the properties for the purpose of examining the plant and machinery, as provided by the state inspection law. This they were permitted to do, as testified by Mr. Gross himself; but in the party at Delagua and Hastings was a certain Italian by the name of Mancini, likewise a deputy labor commissioner, who stated to Major Hamrock, in command of that dis- trict, that by express directions of Labor Commis- sioner Brake he accompanied the party for the pur- pose of talking to the employed and working non- union miners in Italian, and that he had had express directions from his chief to persuade the workmen to quit work by every means either of argument, cajolery, or intimidation. Colorado has a state law prohibiting such interference with workmen, making it criminal. To have permitted the State Labor Com- missioner to violate the law through his Italian dep- uty would have increased the difficulty of maintain- ing pea^e. Upon this information being furnished by Major Hamrock, and observing that the Labor Com- missioner's party desired, not to inspect the machin- ery, but to talk to and dissuade the workmen from their employment, as a peace measure, Lieutenant 52 Olinger was directed to exclude them from the camp. These orders were carried out by the lieutenant cour- teously and after entertaining the party at dinner as his guests. THE LA JUNTA INCIDENT It was testified by some witness that, coming into the state as a strikebreaker with a number of others, the train was boarded by guardsmen at La Junta, the soldiers guarding the front and rear plat- forms of the car and preventing any person from leaving it. The witness stated that a woman and child desired to go from one car to another, and were forcibly detained upon the platform for a long time, exposed to the cold. This incident simply did not occur. The only National Guardsman ever sent out of the district to meet an incoming train of strike- breakers was Captain Mckerson, who testified at the Committee's request that upon one occasion he went alone to La Junta under instructions to ascertain whether the state law requiring knowledge of the strike conditions to be imparted to strikebreakers had been complied with, and that he went through the car and ascertained that in each instance the law had been obeyed, and interfered with nobody. THE VALENTI TESTIMONY A witness calling himself Salvatore Valenti tes- tified that he was compelled by soldiers to remain at work in Delagua after he wished to quit ; that, being refused permission to leave, he managed to escape by another way, and, being in Trinidad on the day of the Mother Jones riot, heard General Chase say: 53 "Go ahead and fight; kill all you want; kill all the people right away; chase the people out of the road; go ahead and chase these people out and kill them; kill all the people you want." The latter part of this testimony ought not to be dignified by a denial, and, indeed, I should not have included so ridiculous a statement, were it not for the fact that it affords quite a typical instance of much of the testimony that was offered against the soldiers. This witness, Valenti, during his examination stated that his name was Doininick Bonito; that, in giving the name Salvatore Valenti at first, he had forgotten for a moment what his own name was and so gave his uncle's name. He stated that he had served a full three-years' enlistment in the United States army, being discharged on the 18th of February, 1912, and that he had served in the Philippines in 1910. He could not read or write, nor did he know the differ- ence between a colonel, a captain, and a sergeant. He stated that he belonged to Troop B of the Thirty- sixth Cavalry, and that his colonel was Tom Shaeffer, a German. As a matter of fact, no man who cannot read or write has been admitted to the United States army in the last twenty-five years. There is no Thirty-sixth Regiment of Cavalry, and has not been. The name of Tom Shaeffer does not appear on the Army Register, either as colonel or anything else. The witness insisted he had his discharge papers in a trunk at Delagua. Upon the suggestion of the Committee, it was arranged that the strike leaders should bring this witness to the evening train, and that the General, who happened to be returning to the district that night, should personally give him 54 safe conduct to Delagua to find his trunk and his discharge papers. The General and the strike leaders were at the train, as agreed upon; but there was no Valenti. He has fled, and the strike leaders profess to the General that they do not know his whereabouts. He has no trunk and no discharge papers at Delagua, and the tale that he tells of enforced work and per- sonal restraint by the soldiers is not true. Yet this is the class of witness that was often introduced to the Committee as w r orthy of credit and belief, to attack the National Guard. THE BARBED- WIRE EPISODE It was stated by the witness John Lawson and others that Lieutenant Linderfelt had directed that some barbed wire be cut in small pieces and thrown into a well used by the inhabitants of the Ludlow tent colony as a source of water supply, thus polluting the well. The self-constituted Committee of Labor Organizations was at the time of this incident con- ducting what it was pleased to call an investigation of the militia. That committee had announced that it would make no report until it had completed its so- called investigation; but so appalling did this inci- dent appear to it that the committee interrupted its work at once and telegraphed to Your Excellency about the matter, as of serious and immediate im- port. The telegram stated that upon the occasion of the occurrence Lieutenant Linderfelt had brutally as- saulted an inoffensive boy, and grossly abused a man in no way connected with the strike, and unjustifiably 55 arrested Louie Tikas, the head man of the Ludlow tent colony; adding that the lieutenant had a delib- erate purpose to provoke the strikers to bloodshed, and asking for his removal. By Your Excellency's directions, I instigated a searching investigation of this incident at the time of its occurrence, and learned, as I advised Your Excellency, that' the facts were as follows: On the evening of December 30 a patrol of Lieutenant Linderfelt's company was returning from Barnes, and, when opposite the Ludlow tent colony in the county road, Corporal Cuthbertson's horse en- countered a double strand of barbed wire which had been strung across the highway. The horse became entangled in the wire and unmanageable, and severely injured his rider, the horse itself being severely cut by the barbs. Again, on the 7th day of January an- other wire entanglement was discovered in almost the same place, and removed. Upon one occasion, prior to the injury of Corporal Cuthbertson, another wire en- tanglement was discovered across the county road near the tent colony. After the injury to Cuthbert- son, Lieutenant Linderfelt directed his men to cut the wire into pieces, which they did, throwing it into a near-by well which was supposed to be abandoned, and I now find this well was at no time used by the strikers for water for drinking purposes. Lieutenant Linderfelt then arrested Louie Tikas, together with another man who was pointed out to him as the person who had strung the wire. At first Tikas protested that he did not know the other man, but, upon being sent to Major Kennedy for examination, admitted that he had lied in that respect and that he knew him very well, but protested innocence of the wire entangle- 56 ment. The inoffensive boy referred to in the labor committee's report denied that Lieutenant Linderfelt had struck him, confirming the lieutenant's statement in that respect. This incident is reported in full as showing the lengths of falsehood, bias, and deliberate misconstruction to which those engaged in attacking the National Guard have gone. INTERRUPTED FUNERAL Witness Hall, an undertaker of Trinidad whom the strikers employ exclusively, stated that a funeral procession conducted by him had been interfered with and broken up by a soldier driving an automobile. In this connection it should be explained that mobs and street processions have been prohibited in the strike zone for the very obvious reason that such demonstrations at a time like the present usually re- sult in disorder and riot. Funeral processions have, however, always been allowed and never interfered with. The result is that the striking miners utilize a funeral for the purpose of making a parade through the streets. On such occasions there is very little funeral sentiment, but often considerable sociological demonstration. It matters not that the deceased was wholly unknown to those taking part in the proces- sion, or whether the deceased had lived in the com- munity one day or ten years, the funeral is always made the occasion of a street parade, in which flags and banners of the striking miners are carried and large numbers of men march to demonstrate strength. I feel this explanation is necessary to an understand- ing of what occurred in the incident referred to by 57 Undertaker Hall. Private Ward J. Watson was driv- ing an automobile, upon a military errand, between the city of Trinidad and the military camp a mile away, and overtook one of these funeral processions or pa- rades. Reaching the rear of the procession a short way from the military camp, and attempting to pass by without molesting it, he slowed up to turn aside. The men in the procession turned about and began to abuse him, calling vile names, making threatening gestures, and climbing upon and over the sides of the automo- bile. Thereupon Private Watson, guiding his car with one hand, drew his pistol, and struck at one of the men attempting to board the car. In fear of what might follow, he being one against so many, he drove the car at full speed through the mass of men, until he reached the buggies and cabs in the procession, when he swung to the side and went on to the military camp. Private W^atson insists that he felt it neces- sary to act thus as the only means of protecting him- self against the demonstration made. It was really a flight. THE PATTRUCCI INCIDENT A woman by the name of Pattrucci testified that soldiers arrested her husband, taking him to the guard tent at Ludlow, and then returned and offered her f 2 to prostitute herself. The offer, she stated, was made in the rather ambiguous language : "Where can I spend these $2?" The witness placed her own inter- pretation upon it. I have no means of ascertaining whether such incident ever occurred, since the witness, though pressed, was unable to give any information as to who the men were. She said, however, that she 58 complained of the incident to Major Kennedy, whom she knew, and that he had punished the men ; and, in an effort to discover who the men were, the Committee itself requested the presence of Major- Kennedy, from whom it was hoped to obtain the names. Major Ken- nedy at the time was in command of the force in Fre- mont County, but upon the Committee's request was brought all the way from Florence to Trinidad, and, being upon the stand, testified that he knew nothing of the incident; that none had been reported to him, nor was anyone punished ; and that on the date of the alleged incident and conversation with him at Lud- low he was, in fact, over one hundred miles away. MRS. THOMAS Two incidents were testified to before the Com- mittee in connection with the Mother Jones riot- one by Mrs. Thomas, and the other by a young girl, Sarah Slator. Mrs. Thomas testified that she was shoved, pushed, jabbed in the back with a bayonet, arrested, and held in jail eleven days. The arrest and imprisonment are facts, but the rest of her tes- timony is largely fiction. She was a vociferous, bel- ligerent, and abusive leader of the mob. She forcibly resisted orders to move on, responding only with highly abusive and, to say the least, unwomanly lan- guage. She attacked the troops with fists, feet, and umbrella. In her testimony she made much of the awfulness of treating a riotous woman in the same way as a riotous man. This woman has been under surveillance for a long time, and the truth is that not long before, upon the occasion of the arrest of her husband for knocking down a woman an arrest 59 directed by the union leader, Uhlich this same Mrs. Thomas strenuously defended her spouse at Miners' Union Hall, with the argument that women who act the part of men must be treated as such. The next day she appeared at the newspaper office of the Trini- dad Advertiser and professed her intention to kill the editor for having printed as a news item the incident concerning her husband, and returned a little later with a pistol to carry out her purpose; but, being excluded from the office, she remained for some time upon the sidewalk, attracting a crowd by her loud, vile, and boisterous denunciations. She is altogether a violent and, upon occasions like the Mother Jones riot, a dangerous woman. She claims to have lived in America a little less than a year. It was necessary to arrest her. SARAH SLATOR This young girl testified that on the same occa- sion the Commanding General dismounted for the pur- pose of kicking her in the breast. The absurdity of this statement will be apparent to all. The young girl, who was playing truant from school on that day, offered considerable resistance to the soldiers, posi- tively refusing to move on or go home, and continually calling names and abetting the troubles occurring within her sight. Before night her father represented to me her age and irresponsibility, and, feeling that a jail was no place for a girl of tender years, she was released and delivered to her father's custody. 60 OVERWORKED TRAIN CREW A Colorado & Southern brakeman testified that on December 25, 1913, Lieuteijant Griffin compelled a train crew to work over the sixteen hours out of twenty-four limited by federal statute. The report of Lieutenant Griffin, who had charge of the detach- ment upon an errand of safe conduct of workmen, as well as the statement of Sergeant Goodell, who was with him at the time, show that the facts were these : A conversation occurred between the military officers and the train crew concerning the attitude of the National Guard toward the railroad trainmen and unions, and in this conversation members of the crew stated that all trainmen "had it in" for the military, as the military was always against the interests of the unions. It was noticed that a great delay in moving the train was occurring, and upon inquiry it was stated that the crew was "stalling," so that the sixteen- hour period would expire, leaving the military detach- ment in the yards. Whereupon the lieutenant told the conductor that he was placed in charge of the train to deliver workmen and return with his com- mand to Trinidad, and that the lieutenant's orders were to see that he did it ; at this the train was moved. If the sixteen-hour limit expired before the time the train reached Trinidad a matter of which the lieu- tenant was in ignorance it was because of the delib- erate plot on the part of the train crew to bring that condition about. PEONAGE There was some evidence introduced to the effect that men were forcibly prevented from quitting work 61 and leaving the camps at Hastings and Delagua, and that this sort of peonage was enforced by the soldiers in charge. After a careful examination, I state that this testimony was in every instance false, so far, at least, as the same concerns the troops. The commanding officer in charge of the troops in the Hastings-Delagua canon states positively that all civil- ians who made application to leave the camps were at once given a pass, and that at no time was the mili- tary instrumental in detaining anyone desiring to quit work and leave the camp. That a man was killed in the mine in Delagua during December while trying to leave, and that the soldiers were present and partici- pated, as mentioned in certain affidavits, and that the name of the man killed was Hayes, and that a man by the name of Davis witnessed the killing, is wholly false. No man was killed at this mine during De- cember, and the records show that no man by the name of Hayes was employed at the mine, nor was there a man by the name of Davis employed or present, so far as can be discovered. \ INSULTS AT STARKVILLE Two women of the lower classes, named Ramponi and Minardi, testified to certain vile and nasty in- sults by soldiers at Starkville. Upon the coming in of this testimony, the individuals accused became highly indignant. They are young men of good families in Colorado Springs, who felt besmirched and humili- ated by such false and scurrilous testimony. Acting through their captain, Hildreth Frost, the accused men submitted to me their sworn statements, together with the affidavits of several civilians who witnessed 62 the incident referred to by the women, with a request that the same be handed to the Committee as a matter of personal vindication. From these affidavits it ap- pears that these women were continually hanging around the soldiers' camp and baiting them with the vilest kind of talk imaginable. These women, prior to the closing of the saloons in Starkville, used to tend bar at a place frequented by the rougher and lower element among the miners, and it would appear that, instead of the soldiers offering insult to them, they went out of their way daily to shout the most libidinous words at the troops. The language used cannot find space here, but reference is made to the affidavits supplied by Captain Frost's men. JASSINSKY INCIDENT The incident of an alleged robbery testified to by the family named Jassinsky, of Suffield, was investi- gated by my express direction at the time it was said to have occurred. The report of Captain Smith, who conducted an exhaustive investigation, wholly discredits the statements made. Captain Smith testi- fied before the Committee concerning the matter, and it needs no further attention here. GRAVE-DIGGING STORY A great deal has been said about a man being compelled to dig his own grave by a detachment of soldiers at Lester. One Andy Colnar has related in affidavits, speeches, and interviews with the press a horrible tale of his being told that a hole he was com- pelled to dig was intended for his own grave; that he was measured for it; that he was told in his own G3 language that he was about to be shot and buried; and that he was so frightened that he fell fainting into the hole. His description of the torture is graphic and has been given the widest publicity. The tale is made of whole cloth. The incident never oc- curred. It is perhaps well that the Committee and the public know the facts,, that they may judge of the methods used by the defamers of the National Guard. On or about the 28th of November, 1913, a letter was written by Andy Colnar, addressed to Paul Antovitch, the fire-boss then working at the Prior mine. This letter, written upon the letter-head of the United Mine Workers of America, threatened violence to Antovitch if he did not instantly quit his job and join the union tent colony. The letter was delivered by one "Kink" True, who, as soon as Antovitch had read it, snatched it from Antovitch, saying that it was not necessary for the letter to remain in his hands. True then conducted Antovitch to a cut in the road part way between Prior and the tent colony, where Andy Colnar and others were awaiting him. At this place Colnar threatened and intimidated the working miner, who did not return to work, but felt it necessary to quit the mine. On this information, Captain Drake, in charge of the district, directed Lieutenant Work to arrest and de- tain Colnar and True, and on the evening of Novem- ber 28 both were taken and kept in separate apart- ments. True was placed in the upper part of the building with a sentry, and Colnar was given a bed in the assembly room, and handcuffed with his hands in front of him, from 11 o'clock p. m. until 6 o'clock the next morning. This was done to prevent escape, as there was not a sufficient number of soldiers to spare a sentry to guard Colnar. The next morning he was given a good breakfast and interviewed by Captain Drake, who demanded of Colnar that he re- compose the letter which he had written to Paul Antovitch. Colnar protested he could not remember it. The captain told him he would remain where he was until he did, and left him pencil and paper. During the day he sat in the assembly room near a comfortable fire. The captain, who had interviewed True, produced the original letter to Colnar. Antovitch was then sent for, and identified the orig- inal letter as the one delivered to him by True. After a warning against carrying threatening letters and against intimidation, True was released, and Colnar was detained for further investigation. True is the president of the local union at Prior. The night of November 29 Colnar was placed in a comfortable bed in the town jail, and the next morning he was taken out under guard and set to digging a new latrine. The lieutenant had been reprimanded for the condi- tion of the old latrine and, as was customary, utilized his prisoners for the purpose of digging a new one. While Colnar was thus engaged, one of the soldiers, who speaks a little Slavish, passed the place and gave Colnar a "good morning" in the Slavish tongue. Colnar asked this soldier if what he was digging was a grave, but before the soldier answered him the drill call sounded, and the soldier replied, "I don't know," and ran hastily to where the detachment was assem- bling. During inspection that morning Colnar was placed in an interval in the center of the detachment, after which he requested to be permitted to telephone to his wife and babies, but the request was denied. 65 He then said he felt sick, and was asked if he wished to- go to the latrine, but his answer was unintelligible. He was taken out and put to work at the same place. About 11:30, after having his dinner, he was again interviewed by Captain Drake, who stated that he understood that he had a wife and babies out on a ranch north of town, and that, if he would promise to go and take care of them, and abandon attempts to intimidate workmen, he would discharge him and permit him to go home, but would keep him under surveillance. Colnar was exceedingly thankful; dropped to his knees, and invoked the Deity to wit- ness that he would not transgress again. He said that, if anybody at the tent colony wanted him to write threatening letters again, they could murder him before he would do it. The captain told him to get to his feet and go to his wife. Colnar's thanks and expressions of gratitude were profuse, and tears streamed down his cheeks as he mentioned the good meals given him and the kind treatment accorded him while a prisoner. He was never measured for a grave ; he was not told he was digging one ; and he did not fall fainting into a hole, nor anywhere else; neither was he told he was to be shot. Captain Drake has still the letter of intimidation as originally writ- ten by Colnar. Upon Colnar's release, he shortly imagined the weird tale that has earned him so much notoriety. This campaign has not been a pleasure trip for the members of the National Guard, but a tour of duty, and the magnified stories circulated concerning al- leged offenses or indiscretions on the part of soldiers 00 while performing their duty can be assigned for no other reason than that of distracting the attention of the public from the real issues involved. In concluding this report, I feel that I would be derelict in my obligations toward the officers and men of my command if I did not emphasize again the splendid conduct of the National Guard as a whole. These men are volunteer soldiers, who receive a mere pittance for their services as compared with their ordinary earning capacity in daily life. They have promptly and cheerfully responded to the state's call in the hour of danger, and their service has been at- tended in almost every instance with great personal sacrifice, and oftentimes downright suffering. The danger of destruction by assassination or otherwise has not been wanting. The errand was a patriotic one, and occasioned by a quarrel w r holly impersonal and void of interest to any one of them. The men of the Guard have discharged their services well, faith- fully, and patiently. For all the task has been a thankless one. The only visible return for the sac- rificing citizenship displaj^ed has been the heaping of reproach and opprobrium, falsehood and scurrility, upon the shoulders of the commonwealth's defenders. It is hoped that a just and discriminating public will in the end corne to realize the disinterested service of these champions of the state's integrity and honor, who for the present have only the consciousness of a stern and unpleasant duty well performed to console them. All of which is very respectfully submitted. JOHN CHASE, Brigadier General Commanding the Military Dis- trict of Colorado. APPENDIX EXECUTIVE ORDER It having been made to appear to me by the peace officers and numerous other reputable citizens of vari- ous counties in the southern part of the State of Colo- rado that large bodies of men have assembled at points therein, with the apparent purpose of breaking the laws and bringing about a state of disorder beyond the power of the regularly constituted peace officers of such counties to control, and that the due execution of the laws of the State of Colorado requires imme- diate preparations against impending outbreaks, and the Sheriffs of Las Animas and Huerfano Counties having appealed to me for assistance ; I, therefore, in pursuance of the authority and power vested by the constitution and laws of the State of Colorado in me as Governor and Commander - in-Chief of the military forces of the State, authorize and direct you to call into service and hold in readi- ness for immediate mobilization and action, and to mobilize, as many of the members of the National Guard of Colorado in and near the Arkansas Valley as you may deem necessary to maintain peace and good order in the various counties. Given under my hand and the Executive Seal this 26th day of October, A. D. 1913. ELIAS M. AMMONS, ( SEAL ) Governor. To JOHN CHASE, Brigadier-General, Adjutant General, State of Colorado. as B EXECUTIVE ORDER STATE OF COLORADO EXECUTIVE OFFICE DENVER JOHN CHASE, The Adjutant General, State of Colorado. It having been made to appear to me by the peace officers of the counties of Las Animas and Huerfano, and other counties of the State of Colorado, by numerous civil officers and other good and repu- table citizens of said counties, that there is a tumult threatened, and that there are bodies of men, acting together, by force and with attempt to commit fel- onies, and to offer violence to persons and property in said counties and districts, and by force and violence to break and resist the laws of this State, and that a number of persons are in possession of deadly weap- ons, and are in open and active opposition to the ex- ecution of the laws of this State in said Districts, and that the civil authorities are wholly unable to cope with the situation in the preservation and mainte- nance of order, and the laws of the State of Colorado ; I, therefore, direct you, in pursuance of the au- thority and power vested in me as Governor, by the Constitution and laws of the State of Colorado, to forthwith order out and assume command of such troops of the National Guard of Colorado as in your judgment may be necessary to maintain peace and order in said districts, and that you use such means as you may deem right and proper, acting in conjunc- tion with, or independently of, the civil authorities of said districts, as in your judgment and discretion are demanded, to restore peace and good order in the communities affected, and to enforce obedience to the Constitution and laws of this State. Given under my hand and the Executive Seal this 26th day of October, A. D. 1913. ELIAS M. AMMONS, Governor and Commander-in-Chief. c GOVERNOR'S ORDER "Denver, October 28, 1913. GENERAL JOHN CHASE, Adjutant General, Denver, Colorado. Dear Sir : In order to secure a speedy return to laAv and order in the disturbed districts, you are here- by directed: To disarm everybody unless authorized to bear arms. To close up saloons wherever there is any dis- turbance. To require that all persons employed as guards in the protection of property shall stay on the prop- erty guarded. To see that no deputy sheriffs or constables be employed except citizens of the county they serve, and only in such numbers as may be deemed necessary for the conduct of public business. 70 To see that all persons desiring to return to work shall be permitted to do so, and to go and come when they will, without molestation or interference of any kind whatsoever ; and during the restoration of order, or until further orders, no strikebreakers shall be shipped in. With these purposes in view, you should have the fullest co-operation of every good citizen. Yours truly, ELIAS M. AMMONS, Governor of Colorado. D ORDER WORKMEN HEADQUARTERS MILITARY DISTRICT OF COLORADO ADJUTANT GENERAL'S OFFICE Trinidad, November 28, 1913. From : Commanding Officer, Military District of Colo- rado. To: All Commanding Officers. Subject: Permitting miners to go to work undef the law. In a letter under date November 27, 1913, and by telephonic communication, the Governor has directed that after this date the provisions of Chapter 160, Ses- sion Laws 1907, page 486, of the Laws of Colorado, re- garding the entrance of workmen for the purpose of laboring at the mines, must be fully complied with. 71 Any person seeking employment at the mines, who signifies to your satisfaction that he has com- mitted no violation of the statute quoted, will be per- mitted to labor at the mines in this district and pro- tected while doing so. JOHN CHASE, Brigadier General Adjutant General's Department. E ORDER WORKMEN HEADQUARTERS MILITARY DISTRICT OF COLORADO TRINIDAD,, COLORADO November 28, 1913. GENERAL ORDERS No. 17 The following is published for the information and guidance of all concerned : Chapter 160, Session Laws 1907, page 486, Laws of Colorado: "That it shall be unlawful for any person, persons, company, corporation society, association, or organization of any kind doing business in this state by himself, themselves, his, its or their agents or attorneys, to induce, influence, persuade or en- gage workmen to change from one place to another in this State, or to bring workmen of any class or calling into this State to work in any of the de- partments of labor in this State through, or by means of false or deceptive representations, false advertising or false pretenses concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or as to the existence or non- existence of a strike or lockout pending between employer and employees, or failure to state in any advertisement, proposal, or contract for the employment that there is a strike, lockout, or other labor troubles at the place of the proposed employment, when in fact such strike, lockout, or other labor troubles then actually exist at such place, shall be deemed as false advertisement and misrepresentation for the purpose of this Act." By command of General Chase, A. H. WILLIAMS, Major, Adjutant General's Department, Adjutant General. ORDER ESTABLISHING THE MILITARY COMMIS- SION AND JUDGE ADVOCATE Trinidad, November 20, 1913. (IKXKRAL ORDERS No. 11 1. Pursuant to I he authority vested in me by the Governor of the State of Colorado, in his Execu- tive Order dated at Denver, October 28, 1913, whereby I am directed to restore peace and good order, and to enforce obedience to the Constitution and Laws of 73 this State, acting either in conjunction with or. inde- pendent of the civil authorities, and as a means to the carrying out of these directions, there is hereby constituted and established the Military Commission of the Military District of Colorado. 2. The Military Commission will consist of seven officers of the National Guard of Colorado detailed to that service by the Commanding General. 3. The Military Commission will proceed to hear and consider all matters submitted to it from time to time by the constituting authority, and will promptly forward its findings and recommendations for execu- tion or other appropriate action. 4. The Judge Advocate of the Military District will discharge the usual functions and duties of the Judge Advocate to the Military Commission. 5. The Military Commission and Judge Advo- cate will conform their procedure to the regulations established for the governance of Courts martial in the United States Army. By command of General Chase, (Signed) A. H. WILLIAMS, Major, Adjutant General's Department, Adjutant General. 74 G ORDER THE MILITARY COMMISSION AND JUDGE ADVOCATE Trinidad, November 28, 1913. (Ji: MORAL ORDERS No. 16 The Military Commission constituted and estab- lished by these headquarters and promulgated in Gen- eral Order No. 11, dated Headquarters Military Dis- trict of Colorado, Trinidad, Colorado, NoVember 29, 1913, is hereby directed to convene at Trinidad, Colo- rado, November 29, 1913. DETAILS FOR THE COMMISSION Colonel C. B. Carlile, Inspector General. Colonel Edward Verdeckburg, First Infantry, N.G.C. Colonel George P. Lingenfelter, Surgeon General. Major A. H. Williams, Adjutant General's Depart- ment. Captain A. D. Marshall, Commissary, First Infantry, N. G. C. First Lieutenant W. A. Spangler, Adjutant, First Squadron Cavalry, N. G. C. JUDGE ADVOCATE Major E. J. Boughton, Second Infantry, N. G. < 1 . The travel enjoined required in compliance with this order is necessary for the public service, and the quartermaster department will furnish the necessary transportation. By order of General Chase, (Signed) A. H. WILLIAMS, Major, Adjutant General's Department, Adjutant General. H CORRESPONDENCE AND REPORTS ALLEGED INTERFERENCE WITH MAILS LETTER Rugby, Colo., December 20, 1913. MR. F. T. FRAWLEY, Post-Office Inspector, Denver, Colorado. Dear Sir: Wish to write you a few happenings of last few days. The soldiers who are stationed at Primrose Mine held me up at the point of their guns Monday, December 15th, and demanded I open mail pouch for them. On Thursday, December 18th, they stopped me and asked who I was. I told them I was the mail carrier they Politely? informed me to take my mail and stick it up my A . I wish to know if I have to put up with these doings any longer. Yours truly, ANDRO SUTAK. 2 LETTER Rugby, Colo., December 26, 1913. WILLLIAM McHENRY, Inspector in Charge, Denver, Colorado. Dear Sir: Replying to yours of the 22nd re- garding treatment accorded Mr. Andro Sutak, mail carrier, while in performance of his duties, will say the National Guard have been guarding the property of the Primrose Coal Co., and the post office being situated on their property, it is necessary for the mail carrier to pass through their property and has been halted several times by the guards at night. Mr. Sutak told me about them demanding him to open mail sack. I investigated and was told by the guardsmen that they had demanded of him to pro- duce the sack as evidence that he was mail carrier. As for second offense on December 18th, the guards- men on duty on that night had been transferred to Lester and as Mr. Sutak does not know who they were, I am unable to get any information on that occur- rence. Would suggest that Major Hamrock at Rouse could supply their names. There was no witnesses as to these occurrences other than mail carrier and guardsman. Yours very respectfully, JAMES J. SHEELEY, Postmaster, Rugby, Colo. 3 LETTER December 31, 1913. HON. E. M. AMMONS, Governor, Denver, Colorado. Sir : There is transmitted herewith correspond- ence regarding the complaint of Mr. Andro Sutak, mail carrier at Rugby, < 1 nl<>., regarding alleged mis- treatment of himself while engaged in the perform- ance of his duties, by members of the Colorado Na- tional Guard. I shall appreciate the fact if you will kindly have this matter brought to the attention of the guards- men concerned, if possible, advising them of the pro- visions of Section 1712, Postal Laws and Regulations of 1913, being Section 3995, Revised Statutes, U. S., which reads as follows: "Whoever shall knowingly and willfully ob- struct or retard the passage of the mail, or any carriage, horse, driver or carrier, or car, steam- boat, or other conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months or both." Kindly have the papers returned to this office. Respectfully, WILLIAM McHENRY, Inspector in Charge. (INCLOSURE) 4 LETTER January 3, 1914. GENERAL JOHN CHASE, Trinidad, Colorado. Dear General Chase : I enclose you communica- tion from the Post Office Inspector enclosing letters relating to the same. When you have investigated this matter, please return to me, as Inspector MrHrnry requested return of the papers, and oblige. Yours sincerely, E. M. AMMOXS. REPOKJT Rouse, January 11, 1914. From : Captain Chas. G. Swope, First Infantry. To: Major P. J. Hamrock, First Infantry. Subject : Report on stopping U. S. mail-carrier, Andro Sutak. 1. Upon the proper investigation I find the fol- lowing to be the facts: That Andro Sutak, a U. S. Mail Carrier between Rugby R. R. Station and the Primrose Mine P. O., was halted as alleged, upon the two nights of Dec. 15th and 18th, 1913, that at both times of his being halted was during the hours of dark- ness and that in both instances Sutak continued to drive on despite command to halt until the command was repeated three times. 'He would then halt and according to his own statements made to me, hid the Mail sack under the seat of his wagon, so that there was nothing in view to indicate to the soldiers that he was the mail carrier and was not on one of his many trips to and from the mine on the same road when he did not carry the mail. Sutak when ques- tioned by me made his own voluntary statement that it was too dark both nights for any one the distance away the sentries were when he was halted to distin- 71) guish what it was he held in his hand. He also stated that the soldiers did not point their guns at him, that all he heard was, Charlie drop a gun on him. Now it may be well to mention that since Dec. 14th, when these troops were posted at this mine that there has never been a soldier here whose first name is Charlie, nor any soldier of that Nickname, and that only one soldier went out to investigate the party and it is a fact as shown by statements that on the night of the 18th he had two other persons in the wagon with him, that also following behind his wagon was another wagon so close that conversation was easily heard be- tween the sentry and Sutak by persons in the wagon in the rear of his and the verbal statements of the two ladies that were in the rear wagon made to me were to the effect that at no time during that halt did the sentry use any language to Sutak, that was not proper in the presence of ladies. Thus showing to be false the written statement made by Sutak that the sentry told him what to do with the mail sack. I further find that Sutak on the night of the 15th when told he could drive on, threatened the soldiers and swore at them, and that before the sentry reached him on that night he hid the mail sack under the seat of his wagon, he also said that the soldiers did not open the mail sack and that he carried no sign whatever to show that he was a U. S. Mail carrier. 2. In the examination of the soldiers on duty at this post on the nights of the 15th and 18th of Dec. 1913, I find that the soldiers were obeying the orders issued to them by myself to wit : To allow no one to enter upon the property of the mine unless they had an identification signed by the superintendent or a 80 pass signed by some Officer of the National Guard and as the mail carrier was accustomed to carry pas- sengers along with the mail, he and the passengers must be identified during the hours of darkness and that anyone coming for their mail from the tent colony by allowed to pass through to the Post Office but not allowed to roam at large upon the company's property, owing to conditions that now and have been existing for some time in this part of Las Animas County. 3. The investigation points to the fact that Sutak has been trying in every way to make the duty for the soldiers at this point difficult to perform. Sutak is of a surly disposition with the sole idea that he is a little tin God and that he has a great many more privileges than any one else. He is also laboring under the mistaken idea that because he is the mail carrier he can haul people into the mining camp that are not desired there and while doing so pass the Guard lines without halting. (Signed) CHAS. G. SWOPE. 6 STATEMENT Primrose, Colo., January 9, 1914. From : Lieutenant Ralph E. Waldo. To : Major Hainrock. Subject: Statement of facts in regard to treatment of mail-carrier from Rugby station to Rugby post-office. We the undersigned, citizens of Colorado, hereby state that we are acquainted with Andro Sutak, the 81 mail carrier from Rugby Station to the Rugby Post Office, that he does not have a sign upon his wagon indicating his employment as mail carrier. S. Mallot, Supt. Primrose Coal Co. E. J. Peterson, Cashier Primrose Coal Co. Geo. Booher, Blacksmith. Art McClellan, Engineer. A. J. Willaby, Teamster. Pauline Mallot, Teacher. Vera Limberg, Teacher. John J. Sheeley, Post Master, Rugby, Colorado. Dan Bergarno, Saloon. Joe Maloney, Marshall. Thos. M. Laughlin, Supt. Rugby Mine. R. D. Bishard, Engineer Rugby Mine. Wm. N. Brown, Pitt Boss Rugby. STATEMENT Primrose, Colo., January 9, 1914. From : Lieutenant Ralph E. Waldo. To : Major Hamrock. Subject : Statement of fact in regard to treatment of mail-carrier from Rugby station to Rugby post- office. We the undersigned citizens of Colorado, hereby state that we are acquainted with Andro Sutak, the mail carrier from Rugby station to the Rugby Post Office, that he does not have a sign upon his wagon indicating his employment as Mail carrier. 82 Chas. G. Swope, Captain 1st Infantry, Rouse District. Ralph E. Waldo, Lieut 2nd Infantry, Rouse District. Frank E. Tinker, Sgt. 1st Infantry, Primrose camp. John Kaiser, Corpl. 1st Infantry, Rouse, Camp. Leonard Hobbs. Harry Shugartt, Co. E 2nd Infantry. Floyd M. Stevens, Co. C. 1st Infantry, Primrose camp. A. R. Hangley, Pvt. Co. C. 1st Infantry, Primrose camp. John E. Stevens, Co. E. 2nd Infantry, Primrose camp. Raleigh E. Parnell, Co. C. 1st Infantry, Primrose camp. AFFIDAVIT STATE OF COLORADO, COUNTY OF LAS ANIMAS, ss. J. F. Maloney, being first duly sworn upon his oath, deposes and says : That he is acquainted with Andro Sutak, mail carrier from Rugby station to Rugby Post Office, that on or about Dec. 18th, 1913, he heard said Andro Sutak say in the Rugby Post Office, after he had been halted, by the soldiers that same evening: "I wish that there were only two of them (meaning soldiers) instead of four, I fix them." (Signed) J. F. MALONEY. Subscribed and sworn to before me this 10th day of January, 1914. (Signed) H. A. MALLOT, Justice of Peace. 83 AFFIDAVIT STATE OF COLORADO,, COUNTY OF LAS ANIMAS, ss. A. J. Willaby, being first duly sworn upon his oath, deposes and says that he is acquainted with Andro Sutak, mail carrier from Rugby Station to Rugby Post Office. That on or about Dec. 18th, 1913, he heard said Andro Sutak say at the door of the Rugby Post Office to John Sheeley, Postmaster, "Them Son's of Bitches of soldiers held me up and stopped me with Mail." John Sheeley said, "Did they bother the mail?" "God Dam them they had better not or we will make it hot for them." "I told them to look into the mail if they wanted to." "They said NO." "Just wanted to know who I was." (Signed) A. J. WILLABY. Subscribed and sworn to before the this 10th day of January, 1914. H. A. MALLOT, Justice of Peace. 10 STATEMENT Private F. Burton Smith, Company E, Second In- fantry, N. G. C., makes the following statement to Captain Charles G. Swope, First Infantry, N. G. C., Rouse District: That on the night of Dec. 15th, 1913, I was one of the guards on duty at the Tipple of the Primrose 84 Mine, that at about 8 P. M., we heard a wagon coming towards the post from the direction of the Rugby tent colony. P. C. Cummings went to the window of the Guard House and halted the wagon. When it was about even with the Tipple, Stevens, Smith, Pazza and myself went down stairs to go out to see what it was, we then heard the fellow say he was the Mail man and held up something in his hand, but it was so dark that we would not see what it was. Stevens then went up to the bridge and crossed the Arroya that was between us and the party and came down to the party, looked at the sack and then hollered to Pat Cummings that it was the mail sack and Pat told him to let him go on. Then as the Mail carrier drove away, he said, "You fellows will get into trouble for stopping the mail," and something else that I did not hear. I was informed by different men at the Prim- rose mine where this carrier lives that the carrier had said he was going to make it hot for us, that he was going to take it up with Washington. (Signed) FRANK BURTON SMITH, Co. E. 2nd Infantry. Witness: J. H. WITTMEYER. 11 STATEMENT To Whom it May Concern : A statement of the facts as reported by Corporal John Kaiser, of Company C, First Infantry, on de- tached duty at Primrose mine, Colorado r On the night of the 18th of Dec. 1913, I was in charge of the post at the Tipple of the Primrose Mine. 85 It was a dark night, there was no Moon and the road at this point on my post passes by Hight banks on the opposite side to the sentry post established at this point. It was about 8 P. M. when I heard a team approaching from the direction of Rugby Tent Col- ony. I shouted to the driver to halt and asked w r ho it was and received no answer. The driver kept advanc- ing towards me. I then called the second time. He then said it is the mail. I then asked him why he could not say so at first and he said, Can't you see? I then said no, it is too dark. He then said, you had better come out here and see. I said I can, if neces- sary. I then allowed him to drive on. After this he would sometimes call out the Mail and we would let him pass on without halting him. On this particular, we did not have the flash light as the battery had burned out. After and before this any time we would halt him which we were required to do in the dis- charge of our duties. At this .point he would get angry. Our instructions at this point were to allow no one to pass through to the mine without examining them to see if they had business there. This applied to the tour of duty at this post during hours of darkness. When we w r ere required to be very strict about allowing any one into the mine as it was here the powder magazine had been blown up by some miscreant a short time before we arrived at this post. Thus we were constantly on the alert to prevent a repetition of the same thing again. Sutak had with him in his wagon at this time, two other people. He also runs a livery business here at the mine and quite often goes down to the Rugby station after dark to get 8G passengers, thus he has passed our post several times after dark when he was not carrying the mail. (Signed) CORPORAL JOHN KAISER. Witness : SERGEANT F. L. TINKER. 12 STATEMENT To Whom it May Concern : A statement of the facts as reported by John E. Stevens, a private of Company E, Second Infantry, N. G. C., stationed on detached duty at Primrose mine, Colorado: I was on duty at the post which is located at the Tipple of the Primrose Mine on the night of Dec. 15th, 1913. A rig of some kind was coming up the road from the direction of the Rugby Station about 8 P. M. We called Halt and nobody answered and neither did they stop, at the next call to halt, some one threw up his hand with what locked like a sack in it and started to drive on. We called halt again and then I crossed an Arroya that intervened between us, to see what he was holding in his hand. I found it to be a U. S. Mail sack. I then told him he could go ahead, he said Dam you, you had no right to stop the U. S. Mail, as I have more right here than you and by God you had better do it again. When I first called halt, Sutak was about 60 feet down the road from my post. At the second command to halt, he was probably 30 feet from me. At the third command, 87 he was about 20 feet away. The men on the post that night with me were, C. P. Cummings, Joe Pazza and P. Burton Smith. I heard no remarks like drop your gun on him, Charlie. (Signed) JOHN E. STEVENS. Witness: LIEUTENANT RALPH E. WALDO. REPORTS ALLEGED OVERWORKING TRAIN CREW REPORT OF LIEUTENANT GRIFFIN, COM- PANY I, SECOND INFANTRY December 25, 1913. Ran down to junction at 7:50 P. M., lay there until passenger train going south passed. I went out and asked conductor what was causing the delay. He said "Oh nothing, only waiting for trains." I told him that I was ordered to report back to camp as soon as possible. He said that they would get out as soon as they could. We laid there probably a half hour after that. The engine and caboose came in and we pulled out for Trinidad. Mr. Fulton came to me be- fore we pulled out and told me that they were stall- ing to leave us in the yards, which they did. I went to the conductor and told him that he was put on the train to deliver those men and return us to Trinidad and I was going to see that he did so, even if I had to put him under arrest. The Engineer in the Cab window said to me "What is your rank, and who are 88 you?" I said, "It does not make any difference who I am, I was put on this train to look after those men and I intended to do so and see that we are taken back to the depot." I then told him that I was W. W. Griffin. He then remarked, "Do you know that you are up against the United States Government?" I told him that it did not make any difference to me that I was with the State of Colorado and under Gen. Chase and I would report it to him. We got off the train and came back to camp. ( Signed) WILLIAM W. GRIFFIN. REPORT OF SERGEANT GOODELL, COMPANY I, SECOND INFANTRY To Whom it May Concern : I the undersigned make the following Statements about and concerning a conversation held by myself and a man, name and face unknown to me, who was at the time on the Engineer's side of a locomotive, said Locomotive was a part of a train of which the party that I was with was on. Their man asked questions as to the feeling of the soldiers of the National Guard towards unions. I replied that the soldiers mostly came from small towns and the men were strictly in favor of a square deal to all people. He then stated that the trainmen had it in for the militiamen, that the militia was always used against the interests of the union. I asked why we was so slow getting anywhere, why we was waiting so long and he replied that he thought the trainmen were stalling. I asked him why and he replied that the sixteen hour law would soon he up. I swear this conversation was true. SERGEANT GOODELL, Co. "I," 2nd Inft. K REPORTS ALLEGED GRAVE-DIGGING INCIDENT HEADQUARTERS MILITARY DISTRICT OF COLORADO TRINIDAD, COLORADO (COPY) Prom : A. C. Drake, Captain First Infantry. To : The Commanding Officer, First Infantry. Subject : Case of Andrew Colnar. Upon your request for a more detailed report than was submitted in my daily reports of Nov. 28, 29 and 30, 1913: I submit the following: On November 28, 1913, Doctor Stanley, resident physician of the Pryor Mine came to me with this information : That one Paul Antovitch, Fire Boss at the Pryor Mine has re- ceived a letter headed the U. M. W. A. and signed by Andy Colnar delivered to him by one "Kink" True, President of the local union of the Pryor tent colony, threatening him with violence if he did not give up his position and job and come to them in the tent city where they would protect him. "Kink" True who delivered the letter grabbed it away from Paul as soon as Paul had read it, stating that he (Paul) did not need to have it in his possession. He then conducted 90 Paul to a cut on the D. & E. G. tracks part way be- tween Pryor and the tent city where this said man Colnar and another man, whose name I do not know, interviewed said Paul ; stating that he must leave the mine and come to them (Tent City) or leave the Country; Paul did not return to work at the mine. He formally asked for his time the next morning. I immediately ordered Lieut, Work to cause the arrest and detention of Andy Colnar and Kink True in sepa- rate compartments, not allowing them to see each other or any of their friends. That evening (Nov. 28th, 1913) Lieut. Work phoned me that he had both parties wanted. I had sent Lieut. Work one pair of hand cuffs to use if necessary to prevent the escape of ither of these men. On the 29th as you will note in your daily report, I went over to Lester and inter- viewed the prisoner. I demanded of Colnar that he recompose the letter which he had written to Paul Antovitch. He told me that he could not remember, I informed him that he would remain with us until he did remember it, either wholly or in part. He was left with pencil and paper in the assembly room while I went to interview True. True contended that while he had been president of the local union at tent city of Pryor for two weeks, he did not know the con- tents of the letter. I demanded the letter of him. He produced it. I then left him to be interviewed again, later. I then returned to Colnar who had -writ- ten what was supposed to be a copy of the letter he wrote to Paul. I then had a detail go up and arrest Paul, who, when brought before me, gave me this information. "I came out of the mine from shift, and went to a neighbors house for some pictures which 91 I had left there and this "Kink" True came to the house and told me that he had a letter of a notice for me. That the said Andy Colnar and another man wanted to see me down in the cut. I went and on the way I asked True where was the letter.' 7 True gave him the letter to read and as soon as Paul had read it, True took it out of his hands, saying that he did not need to keep it in his possession. They went to the cut where the two men, Colnar and the other man e^lained to him, ( Paul ) why he must not work, that he (Paul) must either quit his job and come to them or leave the country. I showed him (Paul) the letter which Colnar had just written and asked him if that was the letter he had received from Andy Colnar. He said "No, not exactly, there was more in the other letter but some things in the other letter was in this." I then took the original letter out of my pocket and at first sight of it he jumped up exclaiming, "That's the letter. Where did you get him?" I then let him read it to make sure and he claimed it was the identical letter. These foreigners seem to think that the green print on the letter heads of the Union stationery is symbolic of the Powers that be. I then returned to True and after giving him fair warning never to be a carrier or instigator of threatening letters or in- timidation, ordered his release for the time being. Colnar was detained for further investigation. The next day, on the 30th, I interviewed Colnar again. He was in our cell at Lester when I reached the post. I had him brought before me and explained to him that I understood he had a wife and four babies out on a ranch north of town and that if he would give me his promise to go home and take care of that wife 92 and babies and keep away from the tent city at Pryor and all other people who Avere trying to intimidate any one working, or living in our district, I would have him discharged for the time being, but that I would keep track of him and visit him about once a week. He seemed very thankful for the courtesies extended; dropping to his knees, praying to me and his God that if he so much as hurt a fly without my consent "I can take him out and shoot him." "That if anyone at the tent city or the union wanted him to write any more letters to anyone, they can murder him he will not do it." I told him to get up on his feet and go home to his wife. He said he would go to work at the mine the next day. I told him "No." I did not ask him to go to work. He was out on strike and he could stay out just as long a.s he was able, providing he did not attempt to coerce or intim- idate or threaten or use violence toward any other man or woman who wanted to work. He thanked me kindly with tears streaming down his face for the good meals given him and the kindness extended to him in allowing him to go home, wishing to shake hands with me on parting, which I never do. This is all I believe covering the Colnar case. I still have the letters written by Colnar to Paul in my posses- sion. (Signed) ALLISON C. DRAKE, Capt. 1st Inf. 93 HEADQUARTERS MILITARY DISTRICT OF COLORADO TRINIDAD, COLORADO From : Marion D. Work, Second Lieutenant, First Infantry. To: The Commanding Officer, First Infantry. Subject: Keport on alleged ill-treatment of Andy Colnar. On the afternoon of Friday, November 28th, 1913, I received an order from Capt. A. C. Drake, instructing me to arrest and hold one "Kink" True, and one Andy Colnar. He also sent me a pair of handcuffs and further instructed me to allow no one to talk with these men, keeping them in separate rooms and using the handcuffs on one of the prison- ers in the night time if necessary. That evening, about 5 o'clock, the two soldiers who had been de- tailed to arrest True and Colnar, reported in with the two men. Andy Colnar was placed in the assem- bly room, where there were several soldiers. "Kink" True was taken upstairs and placed in a room with one sentry over him. That night Andy Colnar was given a bed in the assembly room and about 11 P. M. was handcuffed, hands in front of him. About 6 o'clock Saturday morning, (the next day) the hand- cuffs were removed. He was handcuffed to prevent his escape, as I did not have the soldiers to spare in order to place a sentry over him. He was given a good break- fast and about 9 :30 that morning was interviewed by Capt. A. C. Drake. During that day he sat in the assembly room near a comfortable fire. That night 94 he was placed in the jail where there is a comfortable bed. This jail is a concrete place about 7 ft. by 10 ft. and was formerly used as a storehouse. The next day about 8 A. M. he was taken out under guard and set to work digging a hole which I intended to use for a latrine. The old latrine was dirty and in an unde- sirable place. I had been reprimanded the day before by Capt. Drake for having the latrine in such condi- tion. A corporal was sent out to measure the old latrine and also the hole to see if it was large enough. Sometime afterward one of the soldiers, who speaks Slavish a very little, was going by the place where Colnar was working and said "Good Morning" to him in the Slavish language. Colnar asked this soldier if the place he was digging was a grave. The soldier started to answer him when the call for drill was sounded. The soldier said "I don't know" and ran to where the detachment had been falling in. An in- spection of quarters and of the detachment had been ordered for the morning and took place at 10 A. M. During the inspection of the detachment the prisoner was placed in an interval in the center of the detach- ment. Inspection being over Colnar asked to be allowed to telephone to his wife and babies. The re- quest was refused for the reason that Captain Drake had given orders that he be allowed to talk to no one. He then said he felt sick and I asked him if he wished to go to the latrine. His reply was unintelligible. He was then taken out and put to work at the same place. About 11 :30 he was brought in and given a good dinner. After he had eaten dinner he was in- terviewed by Capt. Drake. He was discharged at 1 :30 P. M. So far as I have been able to determine, no one told Andy Colnar that he was digging a grave. 95 No one told him he wa,s to be shot and so far as I have been able to find out no one even said to another that the place resembled a grave. It is possible although not probable that the later thing could have happened without my knowledge. To the best of my knowledge, Andy Colnar was not measured for a grave nor did he fall fainting into the hole. Close questioning of the soldiers comprising the Lester de- tachment affirm the statements that he was not told he was to be shot, he was not told he was digging a grave, he Avas not measured and he did not fall faint- ing in the hole. I did not ask Andy Colnar to what church he belonged but asked him for the reason that I wished to determine his nationality as I knew some Russians belonged to the Greek Catholic while Mon- tenegrins, Hungarians and some others belonged to the Roman Catholic Church. (Signed) MARION D. WORK, 2nd Lieut. 1st. Inf. N. G. C. L REPORT ALLEGED PEONAGE AT HASTINGS AND DELAGUA Hastings, Colo., January 24, 1914. From : The Commanding Officer of Company L, First Infantry. To: The Commanding General, Military District of Colorado. Subject : Concerning passes for civilians. 1. In regard to the manner of handling civilians who desired to leave the mining camps of Hastings and Delagua, I will state that since the 12th day of 96 November, 1913, on which date I became the com- manding officer of "L" Co., in charge of these two camps, and up to the present time, all civilians who made application to leave the camp were promptly given proper passes and at no time has the military been instrumental in detaining any one who desired to Jeave the camp or quit work, and no 'force or co- ercion used in this direction. 2. When civilians were found wandering about the hills near the camp they were courteously re- quested and required to return to the camp and ob- tain proper permission from the officer in charge, this was deemed a proper precaution to be taken under the existing circumstances. 3. It is inferred from a certain report and affi- davits that a man was killed at the mine at Delagua during December 1913, while trying to leave the mine and quit work and that soldiers under my command were presumably present and participated in this de- tention; that the man supposed to have been killed was Hayes and that a man by the name of Davis was present, but upon investigation I am convinced that no such occurrence ever took place, also there has been no man by the name of Hayes working at the mine, neither has there been a man by the name of Davis at the mine nor in the Delagua camp, and no man under my command has ever heard of the death of a man as charged in the affidavits, until the contents of the affidavits were read. My information is that no man has been killed at the mine at all, during the time mentioned. The statements in regard to this matter must be without foundation. C. D. DAVIDSON, 1st Lieut. 1st Inf. Com'dg., Co. "L." 97 " M CORRESPONDENCE AND REPORTS ALLEGED DIS- TURBANCES AT LUDLOW 1 TELEGRAM Trinidad, Colo., December 31, 1913. HON. ELIAS M. AMMONS, Governor of Colorado, Denver, Colorado. We did not expect to report to you until we had completed the taking of testimony at all camps but in our judgment the following serious matter should be reported to you at once. Lieut. E. K. Linderfelt of the cavalry stationed at Berwind last night at Ludlow brutally assaulted an offensive boy in the public railroad station using the vilest language at the same time he also assaulted and tried to provoke to violence Louis Tikas, Headman of Ludlow Strikers Colony and arrested him unjustifiably today in the presence of one of our number he grossly abused a young man in no way connected with the strike say- ing among other things "I am Jesus Christ and my men on horses Jesus Christ and we must be obeyed" also making threats against the strikers in foulest language he rages violently upon little or no provoca- tion and is wholly an unfit man to bear arms and command men as he had no control over himself we reason to believe that it is his deliberate purpose to 98 provoke the strikers to bloodshed in the interest of peace and justice we ask immediate action in this case. JOHN R. LAWSON, FRANK T. MINER, JAMES H. BREWSTER, JAMES KIRWAN, ELI M. GROSS, Committee. 2 LETTER January 17, 1914. From: Commanding General, M. D. C. To: Major P. J. Hamrock, Ludlow, Colo. Subject: Investigation of charges. I am enclosing herewith a telegram transmitted to me by his Excellency, Elias M. Ammons, Governor of Colorado, with directions that report be rendered thereon. I wish you to investigate this matter at once. You will also investigate and report on the alleged actions of Lieutenant Linderfelt last night in filling the well used by the tent colony at Ludlow with wire. (Signed) JOHN CHASE. 99 3 REPORT Ludlow, Colo., January 1, 1914. From : Lieutenant F. S. Doll, To : The Commanding Officer, Ludlow District. Subject: Report on disturbance at Ludlow railroad station, January 1, 1914. 1. Lieut. Linderfelt entered station at about 7 :15 P. M. saw Pvt. Cuthbertson, one of his men who had been thrown from his horse and apparently seriously injured by a barbed wire stretched across the road near Tent Colony. Lieut. Linderfelts men reported that people of colony had stretched wire maliciously. Under circumstances Lieut. Linderfelt displayed justifiable temper, went to Louis Tikas who stood in station, swore at him and ordered him outside of sta- tion where the Lieut, forcibly pushed him against wall and ordered Tikas to tell what he knew about wire. Tikas pleaded ignorance and Linderfelt threat- ened to hit him. I told Linderfelt to stop the rough method that if he saw fit we would arrest Tikas and take him before Major Kennedy, this was done. Mr. Farver (agent for C. & C. ) called me into station and pointed out boy whose head was cut, Farber complained that Lieut. Linderfelt had hit boy. Investigation proved that the boy did not know who hit him and nobody saw Linderfelt or his men hit boy. Lieut. Linderfelt said he did not hit boy, but arrested him. Boy had scratch on head which our hospital man dressed. 100 Further investigation brought forth conflicting statements from Lieut. Linderfelt's men concerning wire, and people of colony pleaded innocence. (Signed) FREDERICK S. DOLL. 4 REPORT Aguilar, Colo., January 18, 1914. From: Major P. J. Hamrock, To : Commanding General, M. D. C. Subject: Investigation of charges. 1. In compliance with your order of January 14th, 1914, I went to Ludlow and found Louis Tikas. I did not find the boy that Lieut. Linderfelt is accused of striking. I questioned a number of men and find that there is a very bad feeling at the tent colony toward Lieut. Linderfelt. They say that he was mine guard before the militia was called out, and John R. Lawson speaking of Lieut. Linderfelt said to Capt. Van Cise and a number of his men at the Ludlow depot, "We will get him yet." I find that wire was strung across the road on the night of Dec. 7th, 1913, resulting in the injury of Col. Cuthbertson by being thrown from his horse. Again on the night of Dec. 30th, 1913, wire was strung across the road. Lieut. Linderfelt ordered some of his men that had wire-cutters to cut the wire, they cut the wire in short lengths and dropped it in a well about 100 yards south of the tent colony. 101 When Lieut. Linderfelt arrived at the Ludlow station, Louis Tikas was there and Linderfelt accused him of knowing w^ho put the wire across the road. Tikas said he did not know, Linderfelt then pushed him out on the platform and told him to tell the truth. Tikas was then confronted with a boy who claimed to be known by him, but he, Tikas denied any knowledge of the boy, thereupon he was placed under arrest and sent to Major Kennedy under guard. Tikas later admitted to me that he knew the boy and that he had been in the tent colony most of that day. Tikas also said the boy is a member of the union but does not live in the colony. 2. I find that the telegram to Governor Ammons is biased and very much exaggerated. I can find no one who saw Lieut. Linderfelt strike or assault either Mr. Tikas or the boy. I do find that Lieut. Linder- felt upon pushing Tikas from the depot to the plat- form, swore at him. (Signed) P. J. HAMROCK, Commanding Camp at Aguilar. 102 5 REPORT Berwind, Colo. From : K. E. Linderfelt, First Lieutenant and Batt'n. Adjutant, Second Infantry, To : Major P. J. Hamrock, Commanding Ludlow Dis- trict. Subject : Report of telegram sent to the Governor. 1. Lieut. K. E. Linderfelt of the cavalry sta- tioned at Berwind last night at Ludlow brutally as- saulted an inoffensive boy in the public railroad sta- tion, using the vilest language at the same time. He also assaulted and tried to provoke to violence Louis Tikas, headman at the LudloAv striker's colony, and ar- rested him unjustifiably. Today in the presence of one of our members, he grossly abused a young man in no way connected with the strike, saying among other things, "I am Jesus Christ, and my men on horses are Jesus Christs, and we must be obeyed," also making threats against the strikers in the foulest language. He rages violently on little or no provoca- tion and is wholly an unfit man to bear arms and com- mand men, as he has not control over his men. We have reason to believe that it is his deliberate purpose to provoke the strikers to bloodshed. In the interest of peace and justice, we ask immediate action in his case. Signed. 2. The telegram sent by John R. Lawson and committee is only a fabrication of their own evil minds. 103 3. On the evening of the 30th of Dec. a patrol from my company under command of Sgt. Taylor was returning from Barnes and when opposite the Lud- low tent colony in the county road, Cpl. Cuthbertson's horse struck a double strand of barbed wire with his knees and became unmanagable and entangled him- self in the wire in such a mananer that the corporal was thrown and severely injured and the horses was cut in several places by the barbs on the wire. Earlier in the evening I had passed this place accompanied by 1st Sgt. Casey, Q. M. Sgt. MacDonald and Sgt. Davis and Sgt. MacDonald who was in front dismounted and tore down what appeared to be a barb wire en- tanglement placed across the county road for the de- liberate purpose of throwing our mounted patrol and killing or wounding our men if possible. Since then, on the 7th of present month, another wire entangle- ment was found almost in the same place by one of my men, which we removed. On the night of the 30th of Dec. 1913 after Corpl. Cuthbertson had been in- jured, I was at the Ludlow depot with a mounted patrol, an enlisted man of Co. "K" 1st Infty. reported to me that he could show me the man who had placed the wire which had been the cause of Corpl. Cuthbert- son's injury and I had him point out the man, who I placed under arrest. The man did not resist arrest neither did I or any of my men strike him or in any way injure him or at- tempt to intimidate him, he told me that Louis Tikas, commonly called "Louie the Greek" knew him and could tell where he was during the day. I immediately placed Louie the Greek under ar- rest and asked him who this man was and where he 104 had been during the time the wire had been put in place and removed and he (Louie) denied any knowl- edge of the man, saying that he had never seen him be- fore which he afterwards admitted was a lie. I then turned both men over to the Depot Guard, composed of men from Co. K 1st Infty., as prisoners, as I was and am now thoroughly satisfied that Louie the Greek ordered the wire placed across the road, and knows who did put it up. Louie the Greek has had the control of the Strikers Ludlow Colony since John R. Lawson admit- ted that he could not control the men in the colony after arming them, he, Louie, has repeatedly sent word indirectly to myself and men of my command that they the Greeks in the strikers colony would kil-1 every one of us when we were relieved from duty as members of the National Guard of Colorado. 4. I know and every person who knows anything regarding military service knows that I have perfect control over my men and in sixteen years service, Regular, Volunteer and National Guard service, under this and other flags, I have always been able to con- trol my men. 5. My deliberate purpose is not to cause blood- shed but to enforce the law against all outlaws, strikers in the Ludlow colony, Coal Barons murders or anyone else who violates either the law of Colo- rado or the United States as is my sworn duty. The sworn duty of either an officer or enlisted man in any army is obedience of orders from his su- perior and to uphold the laws and I have simply done my duty as a soldier. 105 6. John K. Lawson made the remark to Lt. Fisher Co. "K" 2nd Infty that he would get me yet. This from a member of the committee who signed the telegram to Gov. Ammons. (Signed) K. E. LINDERFELT. N REPORTS JASSINSKY INCIDENT 1 REPORT Trinidad, Colo., February 13th, 1913. From : Captain Ed. A. Smith, To : The Commanding General. Subject : Investigation of Jassinski complaint against Sergeant Arnold. 1. Pursuant to your order of February 13th, I proceeded on the nine o'clock C. & C. Train to Forbes Junction, where I was met by Captain Ainsley and orderly and taken to camp at Forbes. I then inter- viewed Captain Ainsely, Sergeant Arnold, Lieutenant Olinger, and several of the enlisted men. They all spoke of the high character of Sergeant Arnold, of the fact that to their knowledge, and they were in a position to have knowledge, that he had not made any showing of having any extra money or had there been anything unusual about his demeanor since the act complained of. Sergeant Arnold told a very straight- forward story, completely at variance with the story told by the young man when in the Judge Advocate's Office. 106 2. When I had finished interviewing the man at Forbes, I procured horse and accompanied by Ser- geant Arnold rode to the ranch of the people who made the complaint. I looked at the trunks said to have been broken up. There were three thunks in the room, all of which the Sergeant informs me he examined, but of which the young boy says he only examined one and broke that open with a hatchet. The Ser- geant claims the three trunks were unlocked and he examined all of them. The woman and boy showed me the trunk which they claim the Sergeant broke into, using a hatchet, which I examined very closely and was unable to see any evidence whatsoever of the trunk having been broken open there being no marks or scratches such as would have been made^ if the trunk had been broken into, as alleged, with a hatchet. The young boy was considerably mixed in his story that he told at the office of the Judge Advo- cate, when he told it at the house, and seemed to be inclined to answer "Yes" to most any question which was asked that would look bad for the Sergeant. 3. After finishing my investigation at the com- plainant's house, I rode on to the tent colony about three quarters of a mile nearer town, where the Ser- geant had been just prior to the time that the visit was made to this complainant's house. There I saw the leader of the colony, also the subleader and sev- eral other members of the Suffield Colony. They talked very freely to me and informed me that the Sergeant had been most careful and courteous in his treatment of them when he searched the colony, and when I asked them if he gave any indication of hav- ing been under the influence of liquor, each and every man in the colony that I spoke to informed me that 107 he was perfectly and strictly sober when he was at the colony. The leaders of the colony gave a great deal of complaint against this family, stating that the boy and on one or two occasions had a knife in his possession, boasted he was a scab and had made threats against the children of the colony people ; that the man Jassinski, who lives at this ranch, had made a great many threats toward the men in the colony, boasting that he is a non-union man and had threatened to kill them ; that on several occasions he had taken a gun in his hands, called them scabs, and told them he would kill them. They also complained about a great deal of shooting going on at this man's house. All of them seemed unanimously of the opinion he still had arms, claiming positively he still has a revolver; and from all I am told I am strongly of the belief that the cart- ridges which they picked up and mentioned in ser- geant's Arnold's report are cartridges for the revolver which is still in his possession. 4. Captain Insley, when I was at his camp, in- formed me that he had taken up a 22 rifle from these people, and that the boy pointed out a house about a mile and a half from the house occupied by complain- ant in this matter, where he claims there are a con- siderable number of rifles hidden. Captain Insley informed me he had this information from three other sources, and was strongly of the belief he would find rifles there if he was authorized to search the place in a thorough manner. 5. After finishing my interview with the people at the tent colony, I proceeded on to Trinidad, Ke- porting to the Commanding General in person at 2 :15 February 14th, 1913. 108 6. I am enclosing herewith copy of the statements made to the Judge Advocate's Office, by the woman and boy in this matter; also returning the report of Captain Insley and Sergeant Arnold. (Signed) ED. A. SMITH. (Encs. four.) STATEMENT February 13, 1914. Gustav Sninsky 11 years old. Live on ranch on D. & R. G. Tracks, one half mile North of Suffield Colony. On Tuesday, February 3d, 1914, about four o'clock P. M., my brothers and sister and myself were playing in the bed room, and a soldier came to the kitchen door and opened it and walked in and asked if we had any rifles. I answered "No," and he said there was a 22 hanging on the wall and he took it down from the wall, saying have you got any more. I said no, and he then took the hatchet and broke the lock on a trunk in the room. I told him not to open the trunk and he commenced to throw out the clothes and found ten or eleven cartridges (30-40), and he then asked where the rifle was, and I told him I had no rifle, and when I told him not to go into the trunk he chased us out into the kitchen, kicked me and my brother in the back and my sister in the elbow and another sister in the nose. He threw our clothes out of the trunk and mattress on the bed, threw the sew- ing machine over. When he threw the clothes out of 109 the trunk he took a hand bag put of the sleeve of a coat in the bottom the trunk and took bills, silver and gold out of the hand bag and put it in his pocket, and threw the hand bag under the bed. He then looked all around the room and went into the kitchen and seached there. He opened a cupboard, took some eggs from it and broke and ate some and broke some on the floor. He then went out to a buggy that was close to the house with a man sitting in it and tried to get into it. He fell down twice while trying to get into it, and then got in. The man in the buggy had some beer and was drunk. The man that was in the house had a bottle whiskey in his pocket that he drank from while in the house, and when the man got in the buggy he said to the other man I got a 22 and some bullets. He then started the horse and went down along the D. & K. G. tracks towards Forbes. The man in the buggy had glasses on his eyes, mustache and brown short whiskers on his chin. STATEMENT Victoria Jasnski. Came home about 4.30. Found children crying, and husband went into the house. I went into the house and found bed mussed, pillow and mattres on floor, trunk open and everything on floor, found hand bag under the bed with 2 little rings and a bracelet in it. The kitchen dishes were broken on the floor, eggs on the floor, and very bad, dirty. Mrs. Waldron. Red 382. Bowen. Husband runs a saloon. 110 4 REPORT Camp at Forbes, February 11, 1914. From : Captain H. E. Insley. To : Commanding Officer, M. D. C. Subject: Conditions at Forbes and surrounding ter- ritory. 1. The Commanding Officer of this Camp went to Trinidad Monday for the purpose of appearing before a Notary and attend to papers pertaining to a mortgage on his home. He drove in accompanied by duty Sergeant H. A. Arnold. Signed said papers and proceeded to Camp Forbes Tuesday morning Feb- ruary 10. 2. In line with orders given him by Captain E. A. Smith of the military commission, the colony at Suffield was visited, searched, and inspected. Seventy Three men are in said colony. There was no trouble the strike leaders being most courteous. One revolver and one shot gun was found. Information reaches me there are at one of the near by ranch houses, 50 rifles hidden. It was believed these rifles were at the home of a known strike sympathizer near the Tent Colony. Said house was searched by Sergeant Ar- nold, Captain Insley sitting in the buggy. 3. One 11 year old boy accompanied by his little sisters were with the Sergeant during the search. Three trunks were found the lids lifted and one 22 cal. rifle was found also some 38-40 cal. shells were found. The boy suggested where probably the 50 rifles were hidden at a ranch house several miles away. Ill 4. It was not deemed wise to attempt to get said rifles when there was but two of us to make the search. 5. There absolutely was no money found in the house. Sergeant Arnold who searched the premises is one of my oldest and best non-commissioned officers. Under no circumstances would he take money. It is my belief the striker who claimed to have lost $200.00, makes this statement, simply for a supposed effect. HARRY E. INSLEY, Captain 1st. Infantry, Commanding Co. "B." 5 REPORT Camp at Forbes. From : Sergeant H. A. Arnold, To : Commanding Officer, M. D. C. Subject: Searching of tent colony and ranch house at Suffield. Captain Insley and I, Serg't Arnold went into the town of Trinidad in a one-horse buggy. Captain Insley having some legal papers to attend to. The Captain and I started for Forbes on the morning of the tenth at 11:30 o'clock, arrived at Bowen at 12 :15 o'clock, where we asked a civilian who seems to know all about the strikers, to go with us he declined. The Captain and I under his, the captain's orders, proceeded to the Tent Colony, driving the horse on 112 the south side of the Colony where a cut 10 feet deep separated us from the tent colony. I tied the horse to a fence-post and acting under Captain Insley's or- ders, I got over the ditch and into the strikers colony about 20 men were there to meet me when I arrived. I asked for the leader and they told me he was in Lud- low, I then asked for the second leader who proved to be Ben Freeman. I told him the Captain would like to see him and the Captain interviewed him. He turned. I, under the captain's orders went back to camp with him, I told him I wanted all the guns he and his men had they willfully produced 1 shot-gun this was the property of Andy Marsello, and a nickel plated 32 cal. revolver this belonging to Ben Free- man. I then asked Ben Freeman to go through every tent with me while I made a search he did. The strikers who are mostly Slavs were very courteous to the Captain and I and we stayed about one and one- half hours with them. The Captain and I then proceeded north and went to the ranch house where firearms were said to be by both strikers and saloonkeeper at Bowen, the Captain sat in the buggy while I went into the home, a boy of about 11 to 12 years old was in the house with 3 smaller sisters, the boy watched me make the search, 3 trunks were looked into by me in one was about 10-38-40 cl. revolver shells which I confiscated also a 22 cal. rifle. The boy pointed out two other houses where many guns are supposed to be either hidden in the house or nearby. 113 We then continued our journey on to Forbes ar- riving at about 3:45 o'clock that evening, all the searching was in broad day light on the Tenth of February, 1913. SGT. H. A. ARNOLD, Co. "B," 1st Infantry. Bancroft Ubwy O REPORT ALLEGED INTERRUPTION OF FUNERAL STATEMENT OF WARD J. WATSON MADE IN REGARD TO THE ALLEGED BREAKING- UP OF FUNERAL PROCESSION ON MAIN STREET, TRINIDAD, COLORADO On the day of this occurrence I was going to the San Rafael Military Camp, Trinidad, Colorado, act- ing as Chauffeur for General Chase, when I encoun- tered on the way a funeral procession. Right at the foot of the hill as you enter the militarj^ camp I reached the rear end of the aforesaid funeral proces- sion. When arriving at the rear end of the procession I attempted to pass by them without in any way molest- ing or interfering with them, but as I approached some called to me "Baldwin-Feltz Thug" others Scab- Herding Son-of-a-bitch, at the same time attempting to board the automobile. Realizing if they succeeded in getting on the automobile they might do me bodily violence, I pulled my six shooter from my pocket, and as one of these men got on the car I struck at him, knocking him off the car. I did not hit him where I 114 aimed on account of having to guide the car and strike at him with my unused hand. I then turned the car into the middle of the procession and ran the car through the procession, turning out which I reached the procession of buggies and cabs. I then swung to the side of the buggies, cabs, and the hearse, and went on into the military camp. I would have gone on by the procession without in any manner interfering with them, but when they called me these names, and attempted to get on the automobile, I felt it was necessary for me to protect myself and took this means to accomplish my purpose. I in no other manner than as above described interfered with the procession, and it went on its way after I passed by the men marching in the procession. (Signed) WARD J. WATSON. P TELEGRAM TO THE PRESIDENT OF THE UNITED STATES I am directed by the Governor of Colorado to in- form the President of thellnited States that one Mary Jones, alias "Mother" Jones, is and always has been at entire liberty to leave the disturbed district, but insists upon remaining, avowedly to make incendiary speeches. She is confined with comfort in a pleasant room in a large church hospital, as a necessary peace precaution, in view of her history elsewhere. March 8 a non-union miner was atrociously murdered near the union tent colony at Forbes in the strike zone, to which colony the murderers were easily tracked. This 115 murder was significant just at this time. At the urgent request of the sheriff, all of the inhabitants of this small colony were arrested sixteen men. There were no women or children. The tents were ordered removed, to forestall further outlawry. Colorado has maintained peace and preserved its constitution and laws with its own patriotic volunteer militia, thankless, self-sacrificing, patiently, silent un- der abuse. The silence that military rule and neces- sity enjoin I am directed to break, that the President may be advised. (Signed) JOHN CHASE, Brigadier General, Commanding the Military District of Colorado. Q REPORT LABOR COMMISSIONERS OFFICE OF COMMANDING OFFICER COMPANY B,, FIRST INFANTRY Forbes, Colo., February 9, 1914. To : Major Williams, camp at Trinidad, Colorado. Subject: Labor Commissioners. On the morning of the 4th of January, two men drove up to the Sentry on post at the Mine Office at Forbes and asked permission to inspect conditions of the camp. They told him that they were State Labor Com- missioners giving their names and wanted permission to inspect the camp; the sentry telephoned to head- quarters asking what to do. I told him to send them to headquarters which he did. in; One of them named Gross claimed to be a State Labor Commissioner and with his deputy were in- specting the mining camps. After giving them dinner, I telephoned Mr. Nichols the Superintendent of Forbes Camp asking him if he wanted to let them in, he did not know who they were but told me to send them to him first, which I did sending a guard with them. He then telephoned me that he did not know who they were. I then telephoned Major Williams asking his orders in regard to them. Major Williams ordered them to be put out of camp instantly and to be kept out; stating at the same time that they had no right to inspect the camp or to interview the men, and ask- ing me if I understood my instructions in regard to handling them. I immediately sent a man on horseback to bring them in, he found them waiting near the mine to interview the miners when they came off shift. Upon being brought back to headquarters they expressed surprise at being ordered to quit the camp after being let in but would leave under protest. I told them that I had orders to that effect and they got into their buggy and drove out, the guard at the gate being instructed to see that they did not return. Resp. Yours (Signed) H. W. OLINGEE, and Lieut. 1st. Infantry. Copy to General Chase. 117 RECOMMENDATION OF GRAND JURY, CONTAINED IN ITS REPORT TO THE DISTRICT COURT OF LAS ANIMAS COUNTY, FEBRUARY, 1914 Fifth, That our investigations of the Industrial Disturbances, growing out of the recent labor trou- bles, has led the Grand Jury to believe that it is absolutely necessary to have the State militia sta- tioned in this county, in order to protect life and property. We feel that the withdrawal of the militia from this district at this time, would be very unwise. It is the opinion of the Grand Jury, that the State troops, should be kept in this district until the present coal miners strike has been settled, or some agreement reached between the striking miners and the coal operators, that would insure the good citi- zens of this county, a speedy return of the conditions that prevailed before the calling of the present strike. s RESOLUTION HOUSE RESOLUTION 387 IN THE HOUSE OF REPRESENTATIVES^, U. S. January 27, 1914. Resolved, That the House Committee on Mines and Mining is hereby authorized and directed to make a thorough and complete investigation of the condi- tions existing in the coal fields in the counties of La.s Animas, Huerfano, Fremont, Grand, Routt, 118 Boulder, Weld, and other counties in the State of Colorado; and in and about the copper mines in the counties of Houghton, Kewaanew, and Ontonagon, in the State of Michigan, for the purpose of ascertain- ing First. Whether or not any system of peonage has been or is being maintained in said coal or cop- per fields. Second. Whether or not postal services and facilities have been or are being interfered with or obstructed in said coal or copper fields; and if so, by whom. Third. Whether or not the immigration laws of this country have been or are being violated in said coal or copper fields; and if so, by whom. Fourth. Investigate and report all facts and cir- cumstances relating to the charge that citizens of the United States have been arrested, tried, or convicted contrary to or in violation of the Constitution or the laws of the United States. Fifth. Investigate and report whether the con- ditions existing in said coal fields in Colorado and in said copper fields in Michigan have been caused by agreements and combinations entered into contrary to the laws of the United States for the purpose of controlling the production, sale, and transportation of the coal and copper of these fields. Sixth. Investigate and report whether or not firearms, ammunition, and explosives have been shipped into the saici coal and copper fields, with the purpose to exclude the products of the said fields from competitive markets in interstate trade; and if so, by whom and by whom paid for. 119 Seventh. If any or all of these conditions exist/ the causes leading up to said conditions. Said committee or any subcommittee thereof is hereby empowered to sit and act during the session or recess of Congress, or either House thereof, at such time and place* as it may deem necessary ; to require by subpoena or otherwise the attendance of witnesses, and the production of papers, books, and documents; to employ stenographers and such other clerical as- sistance as may be necessary. The chairman of the committee or any member thereof may administer oaths to witnesses. Attest : SOUTH TEIMBLE, Clerk.