148 



COLORADO. 



Troops to remain at least thirty days, and longer 

 if deemed necessary by the commanding general. 



Miners to return arms and also all personal prop- 

 erty, tools, and material taken. 



troops to be kept at Victor, Anaconda, and Cripple 

 Creek. 



Persons for whom the sheriff has or may have war- 

 rants to W arrested and turned over to the sherm at 

 Colorado Springs. 



After receiving, a copy of the agreement by 

 telegraph, the Governor sent the following dis- 

 patch to Adjt.-Gen. Tarsney : 



The agreement sent me is approved, except that 

 arrests must not be wholesale or exceed 25 for trial at 

 any one time. 



Accordingly the deputies were withdrawn 

 June 11, the militia left in possession, and the 

 strike was over, the terms of arbitration having 

 been agreed to by miners and mine owners. 



Several thousand coal miners, mostly in the 

 southern districts, went on a strike in the sum- 

 mer in sympathy with the strikers in other 

 States. Colorado coal was not in competition 

 with the coal product of those States. The 

 strike was a failure, except in so far as it injured 

 the business of mine owners and railroads. 



Outrage upon the Adjutant-General. 

 One of the results of the trouble with the miners 

 was the kidnapping and tarring and feathering 

 of the Adjutant-General. As head of the mili- 

 tia, he had control of the force sent against the 

 miners, and he was also counsel for the miners 

 on trial for murder and destruction of property. 

 His course in this respect had been criticised. 

 The outrage, which took place at Colorado 

 Springs, June 23, was supposed to be the work 

 of some of the deputies from whom he had pro- 

 tected the miners. The Governor offered a re- 

 ward of $1,000 for the perpetrators. On July 

 19 the Adjutant-General was summoned to testify 

 on the investigation into 'the outrage, but he 

 refused to go, on the ground that the jury was 

 in sympathy with the men guilty of the assault. 

 He was then summoned to appear and show 

 cause why he should not be declared in contempt 

 of court. The Governor detailed a military guard 

 to protect him a proceeding which aroused in- 

 dignation at Colorado Springs, as implying that 

 it is a lawless and unsafe community, and it was 

 denounced by the presiding judge. One of the 

 perpetrators, a deputy sheriff, was captured in 

 August, and made a confession, revealing the 

 names of others, among whom were the sheriff 

 and his deputies. 



The Fire and Police Board Controversy. 

 A change in the incumbents of two unimportant 

 offices in Denver in the spring occasioned a bit- 

 ter fight, caused intense excitement, and threat- 

 ened to bring about war and bloodshed. The 

 law gives the Governor the appointing power to 

 the fire and police boards. Charges having been 

 made against Jackson Orr and D. J. Martin, 

 respectively fire and excise commissioners, the 

 Governor, after investigation, declared them re- 

 moved, March 7. and appointed Dennis Mullins 

 and Samuel D. Barnes in their places. Orr and 

 Martin refused to surrender their offices, and 

 obtained a temporary injunction from the dis- 

 trict court to restrain the Governor from in- 

 stalling his appointees by force. The Governor 

 did not recognize the court's authority, and, 



calling out a body of militia, sent them to the 

 City Hall to demand the surrender. Meantime 

 the" deposed officers had surrounded themselves 

 with members of the police force and other 

 armed men, to the number of about 300, and 

 giant powder and dynamite were carried into 

 the City Hall, ready to be thrown into an at- 

 tacking force. The Governor then applied for 

 United States troops to keep order in the city, 

 the police having been withdrawn from their 

 beats by the rebellious commissioners ; and about 

 250 men were sent from Fort Logan in com- 

 mand of Gen. McCook. The Governor ordered 

 all the National Guard in the State to place 

 themselves under arms and be ready to report 

 at Denver whenever called upon. Citizens in- 

 terfered to induce the Governor to delay action 

 and attempt to have the question settled by the 

 courts. The Governor expected Gen. McCook 

 to use his troops to enforce the law, but the gen- 

 eral refused to employ them for any other pur- 

 pose than preserving peace in the city. He re- 

 quested the Governor to disband the militia, and 

 the Governor requested him to withdraw the 

 Federal troops. Orders from Washington were 

 to the effect that he should use the troops only 

 for the protection of Government property, un- 

 less the representation should be made to him 

 by the Governor that the State authorities were 

 unable to suppress the insurrection. While the 

 question of submitting the matter to the Su- 

 preme Court was pending the city was in a state 

 of suspense, and great excitement prevailed. A 

 meeting of business men was called, March 16, 

 " for the purpose of considering some plan by 

 which the Governor could be stopped if he again 

 subjected the city to mob rule by ordering out 

 the militia. Some of the speakers advocated 

 the arrest and confinement of the executive as a 

 lunatic. One said he knew where guns could be 

 obtained for use in an attempt to capture the 

 armory. Others proposed the kidnapping of 

 Gov. Waite." 



It was at last agreed that the matter should 

 be taken to the Supreme Court. The Governor 

 asked the court to decide who were entitled to 

 hold the offices. The court did not undertake 

 to say who were entitled to possession of the 

 offices in dispute, but indicated the proper mode 

 of procedure by which to have the question 

 answered. It defined the powers of the Gov- 

 ernor in the matter of removals, and held that 

 those powers had been exceeded in the attempt 

 to remove the deposed officers by force. It said : 

 " Any attempt on his part to enforce personally 

 such order [of removal] or install his appointee 

 is beyond any express or implied duty or power 

 imposed or conferred upon him by constitution 

 or statute." It was held that the courts have the 

 power, and it is exclusively within their province, 

 to determine in cases like that of the fire and 

 police board, between the respective claimants, 

 and the law provides a plain and adequate pro- 

 cedure for that purpose. Another important 

 point laid down in the decision was the declara- 

 tion that the members of the fire and police 

 board, although appointed by the Governor, are 

 not State officers, nor are they charged with any 

 duties pertaining to the chief executive depart- 

 ment of the State. 



The Supreme Court at length agreed to take 



