845 d> .0 60TH CONGRESS, | HOUSE OF REPRESENTATIVES. (DOCUMENT 1st Session. f 1 No. 607 vOVN* j vi vv -' >r * ,'-** tV Toft Library PAPERS RELATIVE TO LABOR TROUBLES AT GOLDFIELD, NEV. I) C^ ^eo^reta *" ^ oi SUrle MESSAGE PRESIDENT OF THE UNITED STATES, TRANSMITTING REPORT OF SPECIAL COMMISSION ON LABOR TROUBLES AT GOLDFIELD, NEV., AND PAPERS RELATING THERETO. FEBRUARY 3, 1908. Read; referred to the Committee on Labor and ordered to he printed. The House of Represented I transmit herewith a report by the Secretary of State with copies of papers called for by the resolution of the House of Representatives on January 22, 1908, reading as follows: Resolved, That the President be requested to transmit to the House of Representa- tives, if not incompatible with the interests of the public service, a copy of the report made to him by the special commission, composed of Lawrence O. Murray, Herbert Knox Smith, and Charles P. Neill, sent by him to Goldfield, Nevada, for the purpose of investigating the labor troubles in that district and to make a report concerning the same; and also such other papers relating thereto as in his judgment are material and for the better information of the House. THEODORE ROOSEVELT. THE WHITE HOUSE, February 3, 1908. The PRESIDENT : The undersigned, the Secretary of State, to whom was referred the resolution of the House of Representatives of January 22, 1908, requesting the President to transmit to the House of Representatives, if not incompatible with the interests of the public service, a copy of the report made to him by the special commission, com- posed of Lawrence O. Murray, Herbert Knox Smith, and Charles P. Neill. sent by him to Goldfield, Nev., for the purpose of investigating the labor troubles in that 45 .(* .Ill 2 ROUBLES \i OOLDPIBLD, NKY. 1 1 1 1 : a 1 1 . 1 also such other papers relating wad for the better information of tne House. has tlu honor to hiv Mow tlir IVoi.imt copies of the papers re- quest ;'nll\ submitted. ELIHU ROOT. !>i I-\I:IM; \ i Ol STATE, , J a nun r \j 31, 1908. Lint of papers. Sriuit<>r Nixon to the President. December 4, 1907. ;n>r Sj>;irk> t<> the President. I >eceinl>er 3-4, 1907. Tin- IVe-idem to Governor Sparks, December 4, 1907. rnor Sparks to the President. Decembers, 1907. Mr. Jones to Mr. Loch, December 5, I'.'OT. The I'i'Mdent to Governor Sparks, December 5, 1907. Seiuitor Newhmds to the IV- .-idem. December 10, 1907. The IV.-sid. nt to the Secretary of State, December 13, 1907. The Secretary of State to Governor Sparks, December 14, 1907. Governor Sparks to the President, December 15, 1907. The President to Governor Sparks, December 17, 1907. Messrs. Murray, Neill, and Smith to the President, December 17, 1907. The same to the same, December 20, 1907. The President to Governor Sparks, December 20, 1907. Governor Sparks to the President, December 22, 1907. The President to Governor Sparks, December 23, 1907. Governor Sparks to the President, December 26, 1907. The Secretary of State to Senator Newlands, December 27, 1907. The Secretary of State to Mr. Loeb, December 28, 1907. Mr. Loeb to the Secretary of State, December 28, 1907. The President to Governor Sparks, December 28, 1907. Governor Sparks to the President, December 29, 1907. The Secretary of State to Senator Newlands, December 30, 1907. Governor Sparks to the President, December 30, 1907. Proclamation by Governor Sparks, December 30, 1907. The President to Governor Sparks, January 4, 1908. Report by Messrs. Murray, Neill, and Smith, December 30, 1907. Governor Sparks to the President, January 17, 1908. The President to Governor Sparks, January 17, 1908. Governor Sparks to the President, January 30, 1908. Senator Nixon to the President. [Telegram.] NEW YORK, December 4, 1907. The PRESIDENT, Washington, D. C. I am informed Governor Sparks of Nevada has sent you impor- tant telegram relation to critical situation in Nevada which needs im mediate action. Hope it will be possible for you to grant his request. Senator Newlands and Congressman Bartlett can give further particulars and I will return to Washington this afternoon if you desire personal interview. Address Waldorf. GEO. T. NIXON. LABOR TROUBLES AT GOLDFTELD, NEV. 3 Governor Sparks to the President. [Telegram.] CARSON CITY, NEV., December 3-4, 1907. Hon. THEODORE ROOSEVELT, President oj the United States. Mr. PRESIDENT: It now seems apparent that in the near future Nevada may expect serious labor troubles in the district of Gold- field and adjoining camps, which may result in violence and great destruction of both life and property. The State has no enrolled militia and if it had I doubt very much whether it would be effective in maintaining law and order. I am this day in communication with our Congressional representatives urging them to consult with you concerning conditions above stated, and as we now see them, it appears to me as governor of Nevada that it is my duty to ask if you can consistently give us assurance that we may depend upon immediate relief from the Presidio Barracks. I assure you Mr. President I am aware of the fact and consider it an extraordinary request to be made by any governor of the United States, but the existence of the case seems to require it at this time. I am informed that desperate men are now securing dynamite and arms to destroy property and human life. The sheriff of the county seems to be absolutely unable to cope with the situation. A committee of mine owners, mine operators and mill operators from the Goldfield district is now in consultation with me and I assure you, Mr. President, that they are well satisfied that we need relief. We have no military gar- rison in the State of Nevada and a small detachment of Federal troops stationed at Goldfield would certainly relieve the situation. Very respectfully, JOHN SPARKS, Governor oj Nevada. . R. C. STODDARD, Attorney General. The President to Governor S paries. [Telegram.] THE WHITE HOUSE, Washington, December 4, 1907. Hon. JOHN SPARKS, Governor, Carson City, Nev. Telegram received 3.05 o'clock this afternoon. The Federal Government is prepared to send detachment of troops at any moment subject of course to your making call under conditions prescribed by the United States Constitution and Statutes as set forth in sec- tions 52, 97, and 5299 of the Revised Statutes, these two sections carrying out section 4 of Article IV of the Constitution. The call of the governor must itself recite such a condition of affairs in accord- ance with the terms of the laws above referred to will warrant the President in acting. I have ordered not to exceed two companies to be ready to move immediately if you make such request, as two 4 , KM BUDE \ i OOLDFIELD, NK\ . companie- \\onld. 1 suppose, amount to the smnll detachment of which you speak. TIIKODOUE ROOSEVELT. mOf >>///* to tin [Telegriiin.] CARSON, NEV., December 5, 1907. 1 lis Kxccllrix \ Tiii.(iitoi;i: KMOSKVF.I T, , J'n *'/, nt of tin I'intnl StRKLi>, NKV. ,|>l>orted l>\ the request of the two Senators and Meml-er of i In- Lower llou>e from Nevada, I have ordered troops to bestMit ; that they will be available in the event that the situation o.ntemplated 1>\ the Constitution aixl the laws and appre- hended h\ the ;M\enior of Nevada shall arise. Will von pie ire from the \Var Department all papers bear- uhjeei ( Plea>e c >mmnnicate with the governor of beps on the part of the government of that State \\huh will he a neee^arv precedent to further action on the part of the Federal ( !o\ eminent . TII KODORE ROOSEVELT. Tin Secretary of State to. Governor Sparks. [Telegrata.] DECEMBER 14, 1907. Hon. JOHN SPARKS, Governor, Carson City, Nev. The President has transmitted to the Department of State the correspondence between the governor of Nevada and the President of the Tinted States relating to the use of national troops in relation to certain disturbances existing or anticipated at Goldfield, in the be of Nevada. The President has instructed me to advise you oilieially that he has caused several companies of the Regular Army to proceed to the locality in which such disturbances' exist or are anticipated, to the end that they may be available in case the occa- sion contemplated by the Constitution and the laws of the United States for their interposition shall arise. The calls upon the President on the part of the government of Nevada for the interposition of troops do not at present satisfy the requirements of the Constitution and the laws so as to justify orders that the military force now at Goldfield shall take any affirmative action. If such action should be desired under the Constitution and section 5297 of the Revised Statutes to suppress an insurrection a call must be made by the legislature of trie State unless circum- stances are such that the legislature can not be convened, and no statement or intimation has been made that the legislature of Ne- vada can not be convened. Action under section 5298 of the Revised Statutes relates only to the enforcement of the laws of the United States. Action under section 5299 of the Revised Statutes is to be taken not upon the call of the government of a State, but upon the judgment or the President of the United States that some portion or class of the people of a State are denied the equal protection of the laws to which they are entitled under the Constitution of the United States. Action under this section requires the production of evidence of specific facts sufficient to sustain a judgment by the President that the condition described in the statute exists. A mere statement of domestic disturbance would not seem to be sufficient. The facts thus far stated in the telegraphic communications from the governor of Nevada, high and unimpeachable as is the source, do not seem sufficient to sustain a judgment that the condition described in section 5299 exists. LABOR TROUBLES AT C4OLDFIELD, NEV. 7 It therefore appears that the communications thus far received from the government of Nevada do not constitute or furnish the basis for authority on the part of the President to direct the use of the armed forces of the United States in the maintenance of public order at Goldfield. I respectfully suggest that if in your judgment such interposition is needed you furnish further evidence of facts justifying action by the President under section 5298 or 5299, or cause the legislature of Nevada to be convened and to make the necessary call in accordance with the Constitution and section 5297 of the Revised Statutes. ELIHU ROOT. Governor Sparks to the President. [Telegram.] GOLDFIELD, NEV., December 15, 1907. (Received December 16 9.20 a. m.) The PRESIDENT, Washington, D. C. Fourteenth from Secretary of State. Submit that conditions in Goldfield necessitates presence but does not warrant active interven- tion of United States troops. However, am prepared to submit affidavits of more than one hundred representative citizens that they have been deprived of their rights as citizens of the United S ^ ates ami of State of Nevada. Arrival of troops in Goldfield undoubtedly pre- vented rioting and other disorder, as is shown by statements of same people, including sheriff. Although active intervention of United States troops not now necessary, withdrawal at present would unques- tionably precipitate disorder which local and State authorities would be unable to control. In the event of rioting and other disorder justifying military intervention will make requisition in accordance with statutes. Desire to express appreciation of your prompt action in sending United States-troops here which relieved a most critical condition ancl hope that you can retain troops here until present troubles are ad- justed Expect to remain as long as necessary. JOHN SPARKS, Governor. The President to Governor S paries. [Telegram.] THE WHITE HOUSE, Washington, December 17, 1907. Hon. JOHN SPARKS, Governor of Nevada, Goldfield, Nev. I sent the troops at- your request because from the tenor of your telegrams and from the representations made me by the two Sena- tors from Nevada and the Member of the Lower House of Congress from Nevada it appeared that an insurrection was imminent against which the State authorities would be powerless. The troops have now been in Goldfield ten days and no insurrection has occurred, and seemingly no circumstances exist to justify your now calling on me for action by the troops under the provision of the Constitution. The troops were sent to Goldfield to be ready to meet a grave em or- 8 LABOB TBO1 BLBS \ r BOLDFIELD, NKV. j \\lii.-li seemed liUelx at y the State of its police function. I do not at liU-it\ to leave tliriii indefinitely under such circumstances that i hex \\ ill in ell'ect he performing on the part of the United States tho-e ordinary duties of inaint aining public order in the State of uhich K-t upon the State government. As the legislature Nevada h;i- not hrcn convened, 1 am hound to assume that the po\\. d\ ve-teil in the peace officers of the State are adequate, and that if they choose to do 90 they can maintain order themselves. I'ndcr these 'iivum-taiices, unless there be forthwith further cause MI to jiMif\ keeping the troops at (Joldfield, I sliall direct that they return to their former -tation. THEODORE KOOSEVELT. .I//.V.NTN. Murray, AY/7/, and Smith, to the President. [Telegram.] GOLDFIELD, NEV., December 17, 1907. The PKKSIDKNT or IIIK UNITED STATES, Washington, D. 0. Have con 'erred with Funston and governor has shown us all tele- grams from Washington, including that of to-day. < Miditions here complex and probably critical. Suggest that no action for withdrawal of troops be taken for forty-eight hours. Will then make a report by telegraph. MURRAY, NEILL, and SMITH. Murray, Neill. and Smith to the President. [Te'egram.] GOLDFIELD, NEV., December 20, 1907. The PRESIDENT, Washington, D. C. We do find no warrant for statement that there has been or is a complete collapse of civil authority here. All the machinery of civil government has been in operation, but has been ineffective in dealing with certain forms of crime because local sentiment has nullified its action. On question of deportation, the evidence only sustains at the very maximum probably 25 cases in the last two years. Last March a very acute labor dispute existed, lasting some weeks, in which the city was practically an armed camp. Since then the best evidence we have indicates the number with arms ordinarily is no larger than commonly found in mining camps. Representatives of trades in American Federation Labor here all agree that practically no members of their crafts have felt any occasion to carry arms since acute condition of last March'. Our investigation so far completely has failed to sustain the general and sweeping allegations in the governor calling for troops, and the impression as to conditions here given in that call is misleading and without warrant. We do find no evidence that any condition then existed not easily controlled by the local authorities. Neither immediately preceding nor since the arrival of troops has there been any particular disorder, but imme- diately after arrival of troops mine owners announced reduction of wages from $5 to $4, and positively refused employment to all men LABOR TROUBLES AT GOLDFIELD, NEV. 9 who do not agree to renounce in writing the* local union, although a law of Nevada prohibits such requirement. Large majority of our witnesses assert very earnestly that if troops should be withdrawn now and owners insist upon above requirements there will result serious violence directed against life and property. Rifles in con- siderable numbers brought in by both sides sometime ago are still believed to be in their possession. Many say they will leave as soon as possible if troops should be withdrawn, and we believe that many of them are sincere in these assertions. The sheriff, two out of three of the county commissioners, two members of the legislature, and the district attorney, representing nearly all civil authority of the county, have been before us to-night in long conference. So far as can be learned no county officer was consulted by gov- ernor previous to calling for troops. All still resent his action and consider it was unnecessary. They do not believe there has been any need for troops here up to date, but they all further agree and have given us signed statement to the effect that the new element brought into situation since arrival of troops create a dangerous con- dition, and they recommend troops be left here until present difficul- ties are adjusted. Although desiring the continuance of troops here, and notwithstanding they have given us a signed statement to that effect, they evade the assumption of any responsibility and specific- ally refuse to say that local authorities would be unable to maintain law and order if should be withdrawn. These men are trying to secure the benefit of Federal assistance to more easily maintain the public order for which they are responsible and at the same time place the responsibility on the President. The governor states to us in writing that he will not convene the legislature to consider call for troops nor will he take the necessary steps to form a State military, as is legally provided for, and that if the (troops) should be with- drawn he will do substantially nothing. In other words, the State authorities propose to do nothing, but wholly rely on the Federal authorities. There has been substantial agreement by everybody who appeared before us that the number of violent or (criminal) men in the organization here is certainly less than 200. With a popula- tion of about 14,000 people there would seem to be no good reason why the civil authorities here can not take care of their own city. (If) should be withdrawn we strongly recommend that at least ten days' notice be given of such decision in order to give the sheriff time to prepare fully. We expect our work will be completed Decem- ber 21 and we will leave here that day. MURRAY, NEILL, SMITH. The President to Governor Sparks. [Telegram.] THE WHITE HOUSE, Washington, December 20, 1907. Hon. JOHN SPARKS, Governor of Nevada, Goldfield, Nev.: I have received no answer from you to my telegram of December 17, in which I said that unless there was forthwith further cause shown to justify keeping the troops at Goldfield I should direct their ID LABOB TK<>! IU.KS AT GOLDFIELD, NKV. return to their former stations. I am informed by the three repre- sentatives of the Department of Commerce and Labor who are in Goldiield hy my order that you have stated to them in writing that von \vill not eon vein- the legislature to consider call for troops nor take the neeessarv Btepa t<> form a State military force. Their report fnrtlier Mktisfiefi me that there is no disturbance threatened which the govern ment of Nevada ought not to be able to control if it starts to \\ ork \\ ith a serious purpose to do so, but that no effort is being made by the government of Nevada to take the steps necessary in the matter. 1 stand ready to see that the National Government does its full constitutional duty in the matter of preserving order, but this readme on the part of the National Government does not excuse the State government for failure to perform its full duty in the first place. Federal aid should not be sought for by the State as a method of relieving itself from the performance of this duty, and the State should not be permitted to substitute the Government of the United States for the government of the State in the ordinary duties of maintaining order within the State. For the reasons given in this and my former telegram I have accordingly directed the troops to return to their former stations on Monday, December 30, next. THEODORE ROOSEVELT. Governor Sparks to the President. [Telegram. RENO, NEV., December 22, 1907. THEODORE ROOSEVELT, President oj the United States, Washington, D. C.: I am preparing a letter to give you more information about the situation at Goldneld. The presence of the troops have prevented destruction of life and property. If you suggest I would like to con- sult with you in person at Washington, as I believe I could be of more service to our State by explaining the situation in person than by writing. We are thankful to you for the presence of the troops let their stay be long or short. J. SPARKS. Governor. The President to Governor Sparks. [Telegram.] ; THE WHITE HOUSE, December 23, 1907. Hon. J. SPARKS, Governor of Nevada, Reno, Nev.: I will await your letter and wire you after its receipt whether in my judgment it would serve a useful purpose for you to come to Washing- ton. THEODORE ROOSEVELT. LABOR TROUBLES AT GOLDFIELD, NEV. 11 Governor Sparks to the President. [Telegram.] CARSON, NEV., December 26, 1907. The PRESIDENT, Washington: As chief magistrate of the State of Nevada, I have been of the opin- ion for the past year that a condition bordering on domestic violence and insurrection has existed in the Goldfield mining district. There has been an almost constant state of war between the miners' union and the mine owners, who employ the members of the union. During the year 1907 practically one-fourth of the time was occupied in actual strikes, and several months in agitations about other strikes. With- out considering the merit of any of the controversies, it is only neces- sary to state that the entire district became divided into two hostile camps on the one hand the miners with their adherents and sym- pathizers, and on the other hand the mine owners with their adherents and sympathizers. The union alone claimed a membership of 3,000, and fully one-half of the membership were constantly armed. Arms and ammunition were purchased and kept by the union as a body. On the other hand the mine owners had in their employ a large num- ber of watchmen and guards who were constantly armed and on duty. In addition to these forces were an unusually large number of the crimi- nal element attracted to the new and booming mining camp. Under such conditions the civil authorities were practically powerless. They could attend to the ordinary petty offenders from day to day. but at the first conflict between the real armies of labor and capital they would have been swept away. The repeated strikes and continued threats of other strikes irritated the mine owners more and more. It was clear to me therefore that when the last strike was called in the midst of the financial crisis spreading over the country, and with a long winter facing the 20,000 people situated upon the desert, hundreds of miles from any centers of population, that it was time to recognize the actual condition of affairs and to act accordingly. A state of domestic violence and insurrection arises, in my judgment, when armed bodies are in existence with sufficient power to overcome the civil authorities, and continual threats were made of the destruction of life and property. This condition has existed in the Goldfield mining districts the past year and exists there now. It calls for the presence of the troops to keep the peace. As this condition has been of slow growth it will take time to remove it. In my judgment, it is necessary that troops be kept at Goldfield an indefinite period of time. They should remain there until both sides are shown that the district is not to remain an armed camp and a scene of continual warefare. The communist and anarchist must seek new fields; the laboring man be convinced that arbitration and peaceful methods are more certain and lasting methods of improving his condition than by dynamite and the shotgun. This can only come about with time, and for the present and sometime in the future the strong arm of the military must be in evidence to convince all that no other method will be tolerated. It is known as a matter of legislative history that I recommended a measure at the last session having for its object the establishment of a State constabulary along the lines of the Texas Rangers, which was rejected by that body, the members 12 LABOB PKO! BLB8 AT GOLDFIELD, NEV. thereof Mill being in olliee. The assembly of that session, with the \oie of all lut one, passed a resolution denouncing the injustice .lone Mo\er. Ha\ \\ood, and IVttibone, l>y the denial of a speedy trial. The resolution, however, was tabled by the senate. It is a matter of only a lew \\ecks since I called for the opinions of different repn-ent a ti\ev and individual citi/ens of the State generally as to the ad\ i>al>ility of con veiling a special session to act upon a then incy, \\hieh, however, did not relate to the present situation. The expressions received at that time indicated that !'*> per cent of the people w r ere opposed to such an extra session, raphical reasons and on account of the customary ten days' notice to memheis it \\ould he imj)ossible to convene and organize a special session of the legislature in less than three weeks, presuming on the most expeditious action on the part of the members. For the-e reasons I deem it impossible to convene the legislature in i "ii to meet the present emergency and still think it highly inadvisable. This telegram was in course of preparation on the 7th instant, in reply to your telegram of that date, but I was taken ill and have only just returned to my office. I am now sending it in lieu of a letter which I wired you was in course of preparation. The delay was not intentional on my part and no discourtesy meant thereby. JOHN SPARKS, Governor. The Secretary of State to Senator Newlands. DECEMBER 27, 1907. DEAR SENATOR NEWLANDS: I inclose a copy of Governor Sparks' telegram of yesterday to the President regarding the conditions existing in the Goldfield mining district and the situation in Nevada generally. Faithfully, yours, . ELIHU ROOT. Hon. FRANCIS G. NEWLANDS, United States Senate. (Inclosure as above.) The Secretary of State to Mr. Lqeb. DECEMBER 27, 1907. DEAR MR. LOEB: I inclose a draft of a telegram 4 which has been agreed upon in conference this morning between Secretary Taft, General Oliver, vourself, and myself as a suitable answer for the President to make to the telegram of December 26 from the gov- ernor of Nevada. Yours, very truly, ELIHU ROOT. WILLIAM LOEB, Jr., Secretary to the President, The White House. (Inclosure asjabove.) LABOR TROUBLES AT GOLDFIELD,- NEV. 13 Mr. Loeb to the Secretary of State. DECEMBER 28, 1907. MY DEAR MR. SECRETARY: I send you herewith two copies of the President's telegram of to-day to Governor Sparks which con- tains certain modifications of the draft approved by Secretary Taft and you. The President has wired me to notify Messrs. Murray, Smith, and Neill to meet him at the White House at 9 o'clock Monday evening, and he requests me to ask you if you can come to the White House at the same time. Will you let me know as to this? Very truly, yours, WM. LOEB, Jr., Secretary to the President. Hon. ELIHU ROOT, Secretary of State. (Inclosures.) The President to Governor Sparks. [Telegram.] THE WHITE HOUSE, December 28, 1907. Hon. JOHN SPARKS, Governor, Carson City, Nev. Your telegram December 26 is received. It in effect, declares that you have failed to call the legislature together because, in your judg- ment, the legislature would not call upon the Government of the United States for the use of troops, although in your opinion it ought to do so. The Constitution of the United States imposes, not upon you, but upon the legislature, if it can be convened, the duty of calling upon the Government of the United States to protect the State of Nevada against domestic violence. You now request me to use the armed forces of the United States in violation of the Constitu- tion because in your judgment the legislature would fail to perform its duty under the Constitution. The State government certainly does not appear to have made any serious effort to do its duty by the effective enforcement of its police functions. I repeat again what I have already said to you several times, that under the circum- stances now existing in the State of Nevada as made known to me, an application from the legislature of the State is an essential condi- tion to the indefinite continuance of the troops at Goldfield. Cir- cumstances may change, and if they do I will take whatever action the needs of the situation require so far as my constitutional powers permit. But the first need is that the State authorities should do their duty, and the first step toward this is the assembling of the legislature. It is apparent from your telegram that the legislature of Nevada can readily be convened. You have fixed the period of three weeks as the time necessary to convene and organize a special session. If within five days from the receipt of this telegram you shall have issued the necessary notice to convene the legislature of Nevada, I shall continue the station of the troops at Goldfield during such period of three weeks. If within the term of five days such notice has not been issued, the troops will be immediately returned to their former stations. THEODORE ROOSEVELT. 14 LABOR TBOUBUE8 AT uoLDFIELD, NKV. Governor Sparks to the President. (Telegram.] RENO, NEV., December 29, 1907. Hon. Tin <>IM>I;I: KoosEVELT, President of ih e Un ltl St: BLK8 AT (iOLDFIELD, NKV. alV:mx in (mldliold. 1 have just received n report from these three klemen, which Beta forth in the most emphatic hmgtuigc their be- lief, after a careful investigation on the ground, that there was no \\airant \\hatevei- for railing upn the President for troops, and that the trnopx ,h.>'.ild n.i he kept indefinitely at (ioldfiold. The report further Mates that there WB& no insurrection against the power of the i h time (lie troops were called for, that nobody supposed that thei 'ch an in^ irrection, and that none of the conditions de- M| in section .YJ^T-.Y-MM) of the Revised Statutes as warranting interference by the 1'Vderal (Jovernment (fisted, and that the effort :nid is plainlv an effort by the State of Nevada to secure the pe - formanve by the Tinted States of the ordinary police duties which id. as a matter of course, be performed by Nevada herself. The report further sa; Tlu-iv is absolutely no question that if the State of Nevada and the county of Esme- ralda exeivised the powers ni their disposal they can maintain satisfactory order in (lold field: that so far those authorities have done nothing, but are relying upon Fed- eral aid, and their attitude now is expressly that of refusing to do anything and desir- ing to throw their own burdens upon the Federal Government for the maintenance of those elementary conditions of order for which they, and they only, are responsible. 'The signers of the report express their conviction that the troops should remain in Nevada until the assembling of the legislature, so as to preserve the status quo in order that the legislature may deal with the situation as it exists; but that shortly thereafter the troops should be removed. I agree with the recommendations of this report, of which I inclose a copy, and shall act accordingly. Unless it can be shown that the statements of the report are not in accordance with the facts, it will be incumbent upon the legislature of Nevada, when it convenes, itself to provide for enforcing the laws of the State. The State of Nevada must itself make a resolute effort in good faith to perform the police duties incident to the existence of a State. Sincerely, yours, THEODORE ROOSEVELT, Hon. JOHN SPARKS, Governor of Nevada, Carson City, Nev. Report of Messrs. Murray, Neill, and Smith to the President. DECEMBER 30, 1907. SIR: On December 11, 1907, you issued to us the following instruc- tions: You are hereby directed to proceed immediately to Goldfield, Nev., and make an investigation at that place into the conditions existing there at this time, and you will, on your return to \Vashington, submit a report to me personally. All Federal officials, both civil and military, are hereby directed to render you any assistance that you may need and to give you access to any information, papers, or documents that they may have bearing on the situation. In accordance therewith we left Washington on the afternoon of December 11, arriving at Goldfield, Nev., in the evening of the 15th, and proceeded at once to make the investigation directed. We gave our entire time to this object, continuing hearings and interviews every day and usually until midnight, with the help of one, and later two, LABOR TROUBLES AT GOLDFIELD, NEV. 17 stenographers, until the morning of December 21, when we left Gold- field and returned to Washington. Immediately upon our arrival in Goldfield we conferred with Gen- eral Funston, who had been investigating the situation there for several days previous to .our arrival, and who remained for some days and assisted us in every way in our work. We next discussed the situation fully with the governor of the State, who was at Goldfield, and then met a committee from the miners' union and the executive committee of the Goldfield Mine Operators' Association. We thus obtained at the outset a comprehensive preliminary survey of the general situation. The Mine Operators' Association, through their counsel, then pre- sented to us a general statement of their side of the case, and, as they were the persons primarily desiring the coming and the retention of the troops, we informed them that we would regard this written statement as analogous to the plaintiff's complaint in a court action, and that we would at once call upon them to make out their case, and lay upon them the responsibility of producing as rapidly as possible the evidence therein, reserving to ourselves, of course, the right to hear thereafter evidence on the other side. They agreed to this pro- cedure, which seemed to be the most practical way of handling the matter, and for several days brought before us numerous witnesses, documents, and other evidence intended to substantiate the allega- tions of their co-called complaint and demonstrate the need for Federal troops. Their counsel was informed that our primary object was to secure information bearing on the question as to what justification existed for the call for Federal troops and for their con- tinuance at Goldfield, and, after several days of hearings, on Decem- ber 20 he assured us that he had produced substantially the best evidence on his side of the case, that anything more he might bring would be simply cumulative, and, in substance, that he rested his case on what he had presented. Inasmuch as we were by this time satisfied that the mine operators had not in any particular established a case justifying either the bringing or the retention of the troops, w.e did not deem it necessary to take any extensive evidence on the other side, and the hearing was substantially closed with a brief formal interview with the said committee from the miners' union. THE QUESTION BEFORE THE COMMISSION. The Federal troops had been sent to Goldfield on the request of the governor of Nevada, daed December 5, 1907, and we made it there- fore the primary object of our work to ascertain, first, whether the state of facts existing in Goldfield prior to 1 and at the arrival of the troops corresponded with the allegations of said request of the gov- ernor of Nevada, and gave sufficient ground for the sending of the troops, and, second, whether the conditions existing at Goldfield upon the arrival of the troops and up to and during the time of pur stay there afforded a sufficient basis for their retention at that point, and, .if so, for what period they should be retained. Incidentally, we necessarily informed ourselves briefly as to the merits of the industrial controversy there existing, but only so far as H. Doc. 607, 60-1 2 18 LAltni: FBOUBLB8 AT (H)LDFIELD, NEV. (he same had >omr hearing on (lie question of law and order and the juvsriuv of the Federal troops. Any complete or satisfactory exami- nation int" the general merits of the industrial dispute would have covered ma - and would have been impossible for us to make, having a> \\ e did no nouer to administer oaths or compel the attend- ance of \\itnesses or the production of evidence. Inasmuch as the troops are still in Goldlield and the question of their retention there is an important issue, we deem it proper to sub- mit to you herewith a report bearing on this question, and we there- fore direct our findings in this report to a consideration of those facts which are relevant to this question in view of the requirements of section -l of Article IV of the Constitution, sections 5297, 5298, and 5299 of (he Revised Statutes, .and the act of June 18, 1878, and to a consideration of the question as to what facts existed at Goldfield before and since the arrival of the troops to constitute the grounds of action described by the said article of the Constitution and the said statutory sections. [Section 5298, Revised btatutes.] INSURRECTION AGAINST THE GOVERNMENT OF THE UNITED STATES. Whenever, by reason of unlawful obstructions, combinations, or assemblages of per- sons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Terri- tory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United Suites may be forcibly opposed, or the execution thereof forcibly obstructed. [Section 5299, Revised Statutes.] POWER TO SUPPRESS INSURRECTION IN VIOLATION OF CIVIL RIGHTS. Whenever insurrection, domestic violence, unlawful combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse pro- tection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, vio- lence, unlawful combination, or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the sup- pression of such insurrection, domestic violence, or combinations. Revised Statute 5298 deals only with insurrections against the Government of the United States; Revised Statute 5299 deals only with violation of rights, privileges, immunities, or protection secured by the Constitution of the United States. These two sections may be therefore dismissed from consideration with the simple statement that there is absolutely no evidence showing the existence of any in- surrection against the Government of the United States or the viola- tion of any Federal rights. Section 4, Article IV, of the Constitution provides as follows: _ The United States shall guarantee to every State in this Union a republican form of Government, shall protect each of them against invasion; and on application of the LABOR TROUBLES AT GOLDFIELD, NEV. 19 legislature, or of the executive (when the legislature can not be convened) against domestic violence. Section 5297, Revised Statutes, based on the above constitutional provision, is as follows: In case of an insurrection in any State against the government thereof, it shall be lawful for the President, on application of tlje legislature of such State, or of the execu- tive, when the legislature can not be convened, to call forth such number of the militia of any other State or States, which may be applied for, as he deems sufficient to sup- press such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. Act June 18, 1878, chapter 262, section 15: From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws", except in such cases and under such circumstances as such em- ployment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the ex- penses incurred in the employment of any troops in violation of this section; and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment. The said constitutional section and the said statute based thereon, together with said act of June 18, 1878, being clearly the only pro- visions of law possibly applicable in the premises, we took them as a guide for our investigation into the facts existing at Goldfield. It is true that the call of the governor of Nevada of December 5 was appar- ently based upon and followed largely the wording of section 5299, probably under a misapprehension of the force of that section. The attorney-general of the State informed us that he had been consulted in the preparation of the call and that it had been based upon section 5299. The governor stated in that call, however, that certain facts existed, which facts, if sufficiently verified, and if broad enough in their scope and important enough in their bearings, might conceivably furnish sufficient grounds for Federal action under section 5297, Revised Statutes, and although, as above set forth, it was obvious that the governor in framing the said request had before him especially section 5299, which was wholly inapplicable, nevertheless it was of course necessary to look rather at the substance than at the form of the request and to ascertain whether the facts so stated formed a basis of action under section 5297, Revised Statutes. The request of the governor was as follows : UNITED STATES OF AMERICA, State of Nevada, ss. To His Excellency Theodore Roosevelt, President of the United States, from Hon. John Sparks, Governor of the State of Nevada: At Goldfield, Esmeralda County, State of Nevada, there does now exist domestic violence and unlawful combination and conspiracies, which do now so obstruct, and continue to obstruct and hinder, the execution of the laws of the State of Nevada, and now deprive, and continue to deprive, the poeple of said section of the State of the rights, privileges, immunities, and protection named in the Constitution of the United States, and of the State of Nevada, and which are secured by the laws for the protection of such rights, privileges, and immunities; and the constituted authorities of the State of Nevada are now, and continue to be, unable to protect the people in such rights; and the reason of such inability and the particulars thereof are the following, to wit: Unlawful dynamiting of property; commission of felonies; threats against the lives and property of law-abiding citizens; the unlawful possession of arms and ammunition and the confiscation of dynamite, with threats of the unlawful use of the same by pre- concerted action. 20 LACOK TKorm.Ks \1 <;<>U>HKLD, NEV. The la\\ fully ,iist it u( r.lautlutritiiaof this State are unable to apprehend and punish ti,,. ; i.l < Times, and to prevent the commission of other threatened dim. s. ami unless the relief hereinafter requested is granted, this State, and the lives and prop. MY i' lar-je miinher of its people, \yill be irreparably affected and damaged, rontrarv to the p. aee and diirnity of the United States and of the State of Nevada; Theivfotv. pursuant to article -i. section 4, of the Constitution of the United States, :u ,d ; >297 and .'>-'.!' of the Revised Statutes thereof, I, John Sparks, governor, d.> herel.y i. sp.'d fully reqn. st that Your Excellency Theodore Roosevelt, President, do Immediately Bend to e sent by telegraph to indicate the necessity for troops still existed. me days later the agreed-upon word was telegraphed to the gov- ernor and lie thereupon issued his call upon the President for troops. I hiring this time, when conditions at Goldfield were represented to be in SIM h lawless state as to demand Federal troops, there was appar- ently no discussion of the subject whatever carried on outside of the M ine Operators' Association. No indication was permitted to become public as to the real purpose of the call of the committee on the gov- ernor. The papers published the fact of the presence of the committee from Goldfield at Reno, and stated the purpose of its visit to be the selec- tion of a site for a smelter. After the agreement with the governor and pending the sending of the telegraphic word agreed upon no pub- lic intimation was given in Goldfield that troops had been asked for or were expected. Neither the county commissioners, the sheriff, nor the district attorney were consulted, nor had any one of them even a suspicion of the action which had been taken. The first news that the city had that it was in a condition of lawlessness and disorder, requiring the intervention of the Federal Government, was when dis- patches appeared in the papers that the troops had been called for and were then on their way to Goldfield. When the fact was ascer- tained positively that the troops were actually on their way to Gold- field, a formal protest was telegraphed to the governor by most of the county officers. The troops arrived in Goldfield on December 6. On December 7 the Goldfield Mine Operators' Association issued a public statement, in which, among other things, they said, u We propose to adopt fair and reasonable rules for the operation of our properties and employ men irrespective of whether they belong to unions. " The rules and regulations adopted, in pursuance of this statement, made a general reduction in their wage scale amounting, in the case of miners, from $5 to $4 per day, and also provided that the said association would not employ any man belonging to Goldfield Miners' Union, No. 220, of the Western Federation of Miners, or any other union in Goldfield or elsewhere that is connected or affiliated with the Western Federation of Miners, and, in pursuance of this provision, stated that- Each employee of a member of this association shall, as a condition of employ- ment, be required to sign the following agreement: "In consideration of my being employed by the company for such time as my services shall be satisfactory, and at the wages heretofore fixed by said company, subject to the rules and regulations fixed by said company and by the Gold- field Mine Operators' Association relating to the employment of men in and around mines of Goldfield mining district, I hereby covenant and agree with said company that I am not now and will not be during the time I am working for said company a member of Goldfield Miners' Union, No. 220, of the Western Federation of Miners, or of any other union in Goldfield or elsewhere that is directly or indirectly affiliated with or has any connection of any kind, nature, or description with said, The Western Federation of Miners. "Witness my hand and seal at Goldfield, Esmeralda County, Nevada, this day LABOR TROUBLES AT GOLDFIELD, NKV. 23 While this cut in wages and refusal to employ members of the Western Federation of Miners was not announced until after the arrival of troops, every indication confirms the belief that such action was in contemplation before the arrival of troops, was part of the general plan of the mine operators to establish their independence of the union, and that the coming of the troops was expected and urged by them to make such plan feasible. We find that from the spring of 1907 to the date of the arrival of the troops there were no conditions of especial violence or disorder in Goldfield, or particular reasons why such disorder was likely to occur. Apart from the question of the personnel of the miners' union a matter that will be discussed later the situation was normal. The town had been for at least six months previous fully as free from disturbances as any mining town of similar situation and conditions. There had been no organized opposition to law. The number of homicides during the two years prior to the coming of the troops, as stated by the county officials, did not exceed a half a dozen, and several of these had no relation to any labor difficulties. There was evidence that in the past two years a number of so-called deporta- tions had taken place; that is, men had been driven out by union sympathizers either by threats or by actual violence, but probably the total number so forced out of town did not exceed 25 in two years. There were made before us, it is true, several statements of very much larger number, going as high as 700, but when all the wit- nesses had been asked to give names and facts in specific cases the number of such cases brought to our attention did not exceed 20. Moreover, numbers of these deportations were not in furtherance of any organized plan to drive out nonunion men. They represented the paying off of old scores due to former troubles in Cripple Creek and the Coeur d'Alenes. There was no evidence of the unlawfulS0^BD%4hftjBgf^ith the one exception that it was shown that one of the poles of the electric power company's plant had been bored and dynamite cartridges inserted and lighted (which, however, failed to explode), and that a large number of other cartridges had been left at the base of the pole. No actual damage was done. This occurred shortly before the arrival of the troops. It was alleged by the miners' union that this had been done by the mine operators themselves in order to produce the appearance of violence, and while we express no opinion as to who placed the dynamite there, it must be admitted that the circumstances in the case and the clumsy way in which the work was done at least raises a reasonable doubt as to the genuineness of the attempt. We find that there were at the time of the troops' arrival a considerable number of rifles in the possession of each party; that a large number of men in the town were carrying pistols, but probably not in much greater proportion than is true of most mining towns of this character. In short, up to the time the troops arrived, and for six months prior thereto, there had been no unusual condi- tions of violence or disorder or any such conditions as would in any way justify the presence of the Federal troops or their retention . there. The conditions did not support the general allegations in the governor's request for troops, nor were his specific statements estab- lished to any such extent as to justify his use of these statements for the purpose of getting Federal troops. 1>4 LABOR TROUBLES AT <;ri KLI>, MKY. ; hulk of the testimony submitted by the mine operators set I'.-rth Facts \\hicli tended to show, not the existence of actual serious >ler in the imst or in the present, but the possibilities of future disorders should the troops be withdrawn. It was this potential situation tlnit \NJIS oh\ ioii>ly in the minds of most of the men who appeared hefore us on heha'lf of the retention of the troops. Many men of almost all classes, whose assertions we believe to have been perfectly sincere, stated earnestly that they believed that should the ps le- \\itlidni\vii there would very shortly arise a condition of serious disorder and violence, loss of life and damage to property, takinir the shape of a direct conflict between the miners' union and the mine operators. Inasmuch as the situation, as above stated, had remained substantially unchanged for the six months prior to the coining of the troops, during which time practically no one believed in t lie probability of an insurrection or serious disorder, and inasmuch n December 5, the so-called insurrection was unknown to the com- munity, and the coming of the troops a complete surprise, it was obvioiis that some new factors must have entered the situation very recently in order to produce these honest opinions as to future disorder. We find that such .new factors did enter, but after the troops arrived, and that they consisted of the announced determination aforesaid on the part of the mine operators, on December 7, to reduce wages and to refuse employment to members of the Western Feder- ation; that this programme, if carried out, meant a struggle for its existence on the part of the union, and that these witnesses naturally felt that this struggle would, on the withdrawal of the troops, take the form of serious disorder. This explains to our minds the acute- ness of the new situation that arose, the fears of many of those who appeared before us, and the desire expressed by so many that the troops should be retained. Probably the most disturbing of the new factors was the refusal by the operators to employ members of the Western Federation, as above set forth, and this particular requirement, in our own opinion, was on its face contrary to the statute of Nevada, as follows : CHAP. CXI. An Act making it unlawful for employers to enter into agreements with their employees or persons about to enter their employment, not'to become pr continue as members of labor organi- zations; and prescribing penalties for violation thereof. (Approved March 17, 1903.) The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employ- ment, shall promise or agree not to become or continue a member of a labor organiza- tion, or shall promise or agree to become or continue a member of a labor organization. SEC. 2. Any person or persons, firm or firms, corporation or corporations, violating the provisions of Section 1 of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty or more than three hundred dollars, or be imprisoned in the county jail for a period of not less than twenty- five days or more than five months, or by both such fine and imprisonment. SEC. 3. All Acts or parts of Acts in conflict with the above are hereby repealed. The constitutionality of this statute, as well as its application, was questioned by the mine operators, but of course, until it has been de- clared unconstitutional by judical decision it must be regarded as he law of that State. LABOR TROUBLES AT GOLDFIELD, NEV. 25 The question as to possible future violence and disorder on the withdrawal of the troops we find to depend largely on the personnel of the miners' union and their leaders in particular. A number of these leaders are represented to be men of radical socialistic beliefs and in favor of forcibly asserting what they hold to be their rights. Gold- field, being one of the newest and richest gold mining camps of the West, attracted many of the most adventurous and radical characters in the miners' union, and while many of these have recently left, it is believed that there remain a considerable number of men whose records in other mining camps presage ill for the future of law and order in Goldfield, if Federal troops are withdrawn. It was strongly urged that the experience of other mining camps with the Western Federation of Miners gave good grounds for the belief that should the mine operators insist on maintaining their posi- tion, as above stated, serious disorder would be likely to ensue imme- diately upon the withdrawal of the troops. All this, however, is purely a matter of -future possibilities and not of actual present or past disorders in Goldfield. From the almost unanimous consensus of opinion of all witnesses we are satisfied that in the entire miners' union of Goldfield there are not over a few hundred men of a danger- ous type men who would readily resort to violence to accomplish their ends. The great majority, probably over three-fourths of the union, while loyal to their organization, were conceded to be men of law- abiding tendency who would not willingly initiate or support delib- erate violence. But there is likewise little doubt but that this large proportion of orderly men have in the past permitted themselves and their organization to be dominated and controlled in its public actions by vicious leaders, and have lacked either the coherence or the courage to suppress this element and conduct the affairs of their organization in a way to command public respect and confidence. In the early part of the present year the miners' union of Goldfield permitted a celebration to be held by the union and a procession under its auspices to march through the streets of that city carrying the red flag of anarchy as a sole emblem, and bearing aloft legends and mottoes of an incendiary character. It is claimed that but a small proportion of the miners' union took part in the procession, but it had received the official sanction of the union, and, so far as is publicly known, was never repudiated by that body. Their personal good- character can not excuse members of the Goldfield union for permitting their leaders to outrage decent sentiment, and can not save the organization to which they belong from bearing the repu- tation it has earned. By permitting their organization to be man- aged and controlled by men of violent tendencies, the union as a body has thus laid itself open to the reproach of being a vicious organization, and has furnished a foundation for the fear existing in Goldfield that it will support violence and disorder to win its present strike. In view of the foregoing facts, we believe there is considerable danger that serious disorders will be attempted if the troops be withdrawn and the mine operators insist on carrying out their pub- licly announced policy. But if a handful of men have controlled the Goldfield Miners' Union and committed the organization to inde- fensible policies and practices-, it is no reason why the county of Esmeralda and the State of Nevada should tamely submit to' the 1.V, I.AHi'R TKot'HI.KS AT <}(HJ)FIELD, NEV. domination ul' this s:im< group and should not assert their authority mid power ?md rnfoirr respect for law and order without support of Federal troops. ATTITUDE OF THE CIVIL AUTHORITIES. The foregoing are the essential facts as to the elements of order and disorder existing in Goldfield. Taking up now the conditions ivl.'iting to the civil authorities there: Nevada ha> no State militia, its former force having been dis- banded. The only force at the disposal of the governor consists of- five State detectives, substantially all of whom are acting now as mine guards in Goldfield and in the pay of the mine operators, a force wholly inadequate to deal with any serious disorder. The governor informed us in writing that he would not convene the legis- lature and that he would not take any steps to organize a State militia under the State statutes; that in case the troops should be withdrawn- he did not know what he would do, but so far as he could then see, he would do nothing. The exact form of this statement was as follows: Interview ivith Governor John Sparks, of Nevada, at Hotel Casey, Goldfield, Nev. 9 December 17, 1907. Present: Messrs. Smith, Murray, and Neill. Mr. SMITH. We want to get in permanent and definite shape your decisions on the questions we talked of this afternoon. First, whether you will or will not con- vene the legislature. A. I do not think that I can consistently do it. Q. So you decline to do that? A. For the present, yes, sir. *###* * * Mr. SMITH. As to another matter, Governor, there was suggested the appointment of a militia here? A. Yes. Q. What is your view on that? A. Well, it would take considerable time to organ- ize that. You mean a State militia? Q. Yes, sir. A. Well, I should oppose that. I have opposed it all the way along. The very people I am trying to protect knew that the soldiers were here and backed me up on that. I believe a State militia at this time would be disgraceful to the State. Q. What I refer to especially is an emergency militia, which was suggested this afternoon right in this town. A. An emergency militia? If we had the right kind of an emergency militia it would operate all right; but I don't believe we could get that kind-. That is one of the circumstances. Q. So just what would be your action in case the troops are withdrawn? A. Well, Mr. Smith, I have got to consider your proposition. I ofon't want to dodge any ques- tion you ask me, but at the present time I do not know what I would do. The chances are I would not do anything until these people here fought it out on common ground with one another. It seems they are prepared to do it. I don't want them to do it; I want to preserve peace, law, and order and protect the people more than property. Mr. MURRAY. Governor, at the present time you do not feel justified, then, in hav- ing the legislature in extraordinary session nor to organize a State militia? A. No, sir; I don't think it would be wise to do it. A State militia would not remedy the situation, in my judgment. ***** * * December 18, 1907. This is a correct copy and statement. JOHN SPARKS, Governor. In brief, the attitude of the State was simply passive. The gov- ernor had in conference with him at the time his aide, Captain Cox, and the attorney-general, Mr. Stoddard, and after this interview, December 18, he left Goldfield and did not return during our stay. LABOR TROUBLES AT GOLDFIELD, NEV. 27 We had conferences with the sheriff of the county, two of the three county commissioners, two of the assemblymen, and the district attorney, constituting all the representatives of the civil authorities of the county whose presence we could secure. Goldfield is not an incorporated city. There is a constable, but it appears, so far as we could ascertain, that since the removal of the county seat to Goldfield his powers have been largely superseded by those of the sheriff and that substantially tKe sheriff is the supreme and respon- sible peace officer of the county and the town. Our interview with these gentlemen was unsatisfactory in the extreme, lasting nearly ten hours continuously and until 10 o'clock of the night of December 19. We endeavored to get from them a statement, and especially from the sheriff, as to whether in their opinion the county officers could or could not maintain order in Golcffleld should the troops be withdrawn. They each evaded this question to the utmost limit and in such a way that it was perfectly obvious that they did not dare to answer it directly, until at the end of our interview, when we finally secured from them all, as the most direct definite statement they would make in answer to our single question on this point, the following negation: Sheriff Ingalls, are you willing to say that if the troops are removed from here you can not maintain law and order in this town and protect life and property? Are you willing to say that? No; I can not say that. The same question was put to all the said county officers and the same answer was received. They all stated that they resented the call of troops by the governor; that their coming was unnecessary, but that now the troops were in Goldfield they wished that they might be kept there. They insisted that it was an insult to the citizens and officials of Goldfield to have brought in Federal troops to maintain order and that it conveyed an utterly false impression to the outside public, but they did not recognize that the continuance of the troops after their having once arrived was a daily repetition and accentuation of what they regarded as originally an insult. They would, however, absolutely accept no responsibility whatsoever for the retention of the troops, and, while desiring their presence in order to keep the peace for which these officials were themselves responsible, it was their clear intention to get the benefit thereof and at the same time throw the whole responsibility for the continued presence of the troops upon the President.- The county derives a large income from the bullion tax, and the county commissioners boasted to us of their ability to make extensive improvements and pay for them quickly. The sheriff has complete power to summon every able-bodied man in the community as a member of his posse for the purpose of keeping the peace. We are satisfied that the county officials have full power and authority to keep the peace in that county; that there are many law- abiding citizens who could be employed by the sheriff in case of emergency, and who would make a completely effective force for the enforcement of order. Thus not only the State, but the county authorities deliberately, and in writing, refused to assume any other than a passive attitude in this matter. 28 LAHOK TKol'HLES AT GOLDFIKLD, N KV. There is ;dohitelv no question that if the State of Nevada and the i\ ui Bsmendda exereise the powers at their disposal they can HIM in la in satisfactory orr and the observance of the laws of the United States ami ih- Siaie of .Nevada, and that such portion of the United States Army be main- tained in .-aid district until tin- Stat.- of Nevada through its legislature, now in extra- ordin. :i assembled, shall be able to provide by law for the organization and equipment of a State constabulary or other police force sufficient to maintain law and order ami suppress any domestic violence that may occur. JOHN SPARKS, Governor. The President to Governor Sparks. [Telegram.] THE WHITE HOUSE, Washington, January 17, 1908. 11 on. JOHN SPARKS, Governor of Nevada, Carson City, Nev. In response to your telegram transmitting the resolution of the legislature of Nevada, I authorize you to inform the legislature that in accordance with its request I will permit the troops to remain in Nevada for such reasonable length of time as will give opportu- nity to the legislature to organize such police force as will enable the State authorities to perform the police functions of the State. I assume of course that there will be all possible expedition in pro- viding this police force. THEODORE ROOSEVELT. Governor Sparks to the President. [Telegram.] CARSON, NEV., January 29, 1908. The PRESIDENT, Washington: Our State police bill passed both houses of the Nevada legislature by a large majority and is now a law. We are working to organize the force as fast as possible. JOHN SPARKS, Governor of Nevada. Gay lord Hros. m Makers Syracuse, N. Y. I PAT. JAN. 21,1908