|
Hal listened to the old man's feeble statements, and there came back to him a surge of that fury which his North Valley experience had generated in him. It was foolish, perhaps; for to knock down an old man who had been making trouble was a comparatively slight exercise of the functions of a mine-guard. But to Hal it seemed the most characteristic of all the outrages he had seen; it was an expression of the company's utter blindness to all that was best in life. This old man, who was so gentle, so patient, who had suffered so much, and not learned to hate, who had kept his faith so true! What did his faith mean to the thugs of the General Fuel Company? What had his philosophy availed him, his saintliness, his hopes for mankind? They had fetched him one swipe as they passed him, and left him lying—alive or dead, it was all the same.
Hal had got some satisfaction out of his little adventure in widowhood, and some out of Mary's self-victory; but there, listening to the old man's whispered story, his satisfaction died. He realised again the grim truth about his summer's experience—that the issue of it had been defeat. Utter, unqualified defeat! He had caused the bosses a momentary chagrin; but it would not take them many hours to realise that he had really done them a service in calling off the strike for them. They would start the wheels of industry again, and the workers would be just where they had been before Joe Smith came to be stableman and buddy among them. What was all the talk about solidarity, about hope for the future; what would it amount to in the long run, the daily rolling of the wheels of industry? The workers of North Valley would have exactly the right they had always had—the right to be slaves, and if they did not care for that, the right to be martyrs!
Mary sat holding the old man's hand and whispering words of passionate sympathy, while Hal got up and paced the tiny attic, all ablaze with anger. He resolved suddenly that he would not go back to Western City; he would stay here, and get an honest lawyer to come, and set out to punish the men who were guilty of this outrage. He would test out the law to the limit; if necessary, he would begin a political fight, to put an end to coal-company rule in this community. He would find some one to write up these conditions, he would raise the money and publish a paper to make them known! Before his surging wrath had spent itself, Hal Warner had actually come out as a candidate for governor, and was overturning the Republican machine—all because an unidentified coal-company detective had knocked a dough-faced old miner into the gutter and broken his arm!
SECTION 31.
In the end, of course, Hal had to come down to practical matters. He sat by the bed and told the old man tactfully that his brother had come to see him and had given him some money. This brother had plenty of money, so Edstrom could be taken to the hospital; or, if he preferred, Mary could stay near here and take care of him. They turned to the landlady, who had been standing in the doorway; she had three boarders in her little home, it seemed, but if Mary could share a bed with the landlady's two children, they might make out. In spite of Hal's protest, Mary accepted this offer; he saw what was in her mind—she would take some of his money, because of old Edstrom's need, but she would take just as little as she possibly could.
John Edstrom of course knew nothing of events since his injury, so Hal told him the story briefly—though without mentioning the transformation which had taken place in the miner's buddy. He told about the part Mary had played in the strike; trying to entertain the poor old man, he told how he had seen her mounted upon a snow-white horse, and wearing a robe of white, soft and lustrous, like Joan of Arc, or the leader of a suffrage parade.
"Sure," said Mary, "he's forever callin' attention to this old dress!"
Hal looked; she was wearing the same blue calico. "There's something mysterious about that dress," said he. "It's one of those that you read about in fairy-stories, that forever patch themselves, and keep themselves new and starchy. A body only needs one dress like that!"
"Sure, lad," she answered. "There's no fairies in coal-camps—unless 'tis meself, that washes it at night, and dries it over the stove, and irons it next mornin'."
She said this with unwavering cheerfulness; but even the old miner lying in pain on the cot could realise the tragedy of a young girl's having only one old dress in her love-hunting season. He looked at the young couple, and saw their evident interest in each other; after the fashion of the old, he was disposed to help along the romance. "She may need some orange blossoms," he ventured, feebly.
"Go along with ye!" laughed Mary, still unwavering.
"Sure," put in Hal, with hasty gallantry, "'tis a blossom she is herself! A rose in a mining-camp—and there's a dispute about her in the poetry-books. One tells you to leave her on her stalk, and another says to gather ye rosebuds while ye may, old time is still a-flying!"
"Ye're mixin' me up," said Mary. "A while back I was ridin' on a white horse."
"I remember," said Old Edstrom, "not so far back, you were an ant, Mary."
Her face became grave. To jest about her personal tragedy was one thing, to jest about the strike was another. "Yes, I remember. Ye said I'd stay in the line! Ye were wiser than me, Mr. Edstrom."
"That's one of the things that come with being old, Mary." He moved his gnarled old hand toward hers. "You're going on, now?" he asked. "You're a unionist now, Mary?"
"I am that!" she answered, promptly, her grey eyes shining.
"There's a saying," said he—"once a striker, always a striker. Find a way to get some education for yourself, Mary, and when the big strike comes you'll be one of those the miners look to. I'll not be here, I know—the young people must take my place."
"I'll do my part," she answered. Her voice was low; it was a kind of benediction the old man was giving her.
The woman had gone downstairs to attend to her children; she came back now to say that there was a gentleman at the door, who wanted to know when his brother was coming. Hal remembered suddenly—Edward had been pacing up and down all this while, with no company but a "hardware drummer!" The younger brother's resolve to stay in Pedro had already begun to weaken somewhat, and now it weakened still further; he realised that life is complex, that duties conflict! He assured the old miner again of his ability to see that he did not suffer from want, and then he bade him farewell for a while.
He started out, and Mary went as far as the head of the stairway with him. He took the girl's big, rough hand in his—this time with no one to see. "Mary," he said, "I want you to know that nothing will make me forget you; and nothing will make me forget the miners."
"Ah, Joe!" she cried. "Don't let them win ye away from us! We need ye so bad!"
"I'm going back home for a while," he answered, "but you can be sure that no matter what happens in my life, I'm going to fight for the working people. When the big strike comes, as we know it's coming in this coal-country, I'll be here to do my share."
"Sure lad," she said, looking him bravely in the eye, "and good-bye to ye, Joe Smith." Her eyes did not waver; but Hal noted a catch in her voice, and he found himself with an impulse to take her in his arms. It was very puzzling. He knew he loved Jessie Arthur; he remembered the question Mary had once asked him—could he be in love with two girls at the same time? It was not in accord with any moral code that had been impressed upon him, but apparently he could!
SECTION 32.
He went out to the street, where his brother was pacing up and down in a ferment. The "hardware drummer" had made another effort to start a conversation, and had been told to go to hell—no less!
"Well, are you through now?" Edward demanded, taking out his irritation on Hal.
"Yes," replied the other. "I suppose so." He realised that Edward would not be concerned about Edstrom's broken arm.
"Then, for God's sake, get some clothes on and let's have some food."
"All right," said Hal. But his answer was listless, and the other looked at him sharply. Even by the moonlight Edward could see the lines in the face of his younger brother, and the hollows around his eyes. For the first time he realised how deeply these experiences were cutting into the boy's soul. "You poor kid!" he exclaimed, with sudden feeling. But Hal did not answer; he did not want sympathy, he did not want anything!
Edward made a gesture of despair. "God knows, I don't know what to do for you!"
They started back to the hotel, and on the way Edward cast about in his mind for a harmless subject of conversation. He mentioned that he had foreseen the shutting up of the stores, and had purchased an outfit for his brother. There was no need to thank him, he added grimly; he had no intention of travelling to Western City in company with a hobo.
So the young miner had a bath, the first real one in a long time. (Never again would it be possible for ladies to say in Hal Warner's presence that the poor might at least keep clean!) He had a shave; he trimmed his finger-nails, and brushed his hair, and dressed himself as a gentleman. In spite of himself he found his cheerfulness partly restored. A strange and wonderful sensation—to be dressed once more as a gentleman. He thought of the saying of the old negro, who liked to stub his toe, because it felt so good when it stopped hurting!
They went out to find a restaurant, and on the way one last misadventure befell Edward. Hal saw an old miner walking past, and stopped with a cry: "Mike!" He forgot all at once that he was a gentleman; the old miner forgot it also. He stared for one bewildered moment, then he rushed at Hal and seized him in the hug of a mountain grizzly.
"My buddy! My buddy!" he cried, and gave Hal a prodigious thump on the back. "By Judas!" And he gave him a thump with the other hand. "Hey! you old son-of-a-gun!" And he gave him a hairy kiss!
But in the very midst of these raptures it dawned over him that there was something wrong about his buddy. He drew back, staring. "You got good clothes! You got rich, hey?"
Evidently the old fellow had heard no rumour concerning Hal's secret. "I've been doing pretty well," Hal said.
"What you work at, hey?"
"I been working at a strike in North Valley."
"What's that? You make money working at strike?"
Hal laughed, but did not explain. "What you working at?"
"I work at strike too—all alone strike."
"No job?"
"I work two days on railroad. Got busted track up there. Pay me two-twenty-five a day. Then no more job."
"Have you tried the mines?"
"What? Me? They got me all right! I go up to San Jose. Pit-boss say, 'Get the hell out of here, you old groucher! You don't get no more jobs in this district!'"
Hal looked Mike over, and saw that his dirty old face was drawn and white, belying the feeble cheerfulness of his words. "We're going to have something to eat," he said. "Won't you come with us?"
"Sure thing!" said Mike, with alacrity. "I go easy on grub now."
Hal introduced "Mr. Edward Warner," who said "How do you do?" He accepted gingerly the calloused paw which the old Slovak held out to him, but he could not keep the look of irritation from his face. His patience was utterly exhausted. He had hoped to find a decent restaurant and have some real food; but now, of course, he could not enjoy anything, with this old gobbler in front of him.
They entered an all-night lunch-room, where Hal and Mike ordered cheese-sandwiches and milk, and Edward sat and wondered at his brother's ability to eat such food. Meantime the two cronies told each other their stories, and Old Mike slapped his knee and cried out with delight over Hal's exploits. "Oh, you buddy!" he exclaimed; then, to Edward, "Ain't he a daisy, hey?" And he gave Edward a thump on the shoulder. "By Judas, they don't beat my buddy!"
Mike Sikoria had last been seen by Hal from the window of the North Valley jail, when he had been distributing the copies of Hal's signature, and Bud Adams had taken him in charge. The mine-guard had marched him into a shed in back of the power-house, where he had found Kauser and Kalovac, two other fellows who had been arrested while helping in the distribution.
Mike detailed the experience with his usual animation. "'Hey, Mister Bud,' I say, 'if you going to send me down canyon, I want to get my things.' 'You go to hell for your things,' says he. And then I say, 'Mister Bud, I want to get my time.' And he says, 'I give you plenty time right here!' And he punch me and throw me over. Then he grab me up' again and pull me outside, and I see big automobile waiting, and I say, 'Holy Judas! I get ride in automobile! Here I am, old fellow fifty-seven years old, never been in automobile ride all my days. I think always I die and never get in automobile ride!' We go down canyon, and I look round and see them mountains, and feel nice cool wind in my face, and I say, 'Bully for you, Mister Bud, I don't never forget this automobile. I don't have such good time any day all my life.' And he say, 'Shut your face, you old wop!' Then we come out on prairie, we go up in Black Hills, and they stop, and say, 'Get out here, you sons o' guns.' And they leave us there all alone. They say, 'You come back again, we catch you and we rip the guts out of you!' They go away fast, and we got to walk seven hours, us fellers, before we come to a house! But I don't mind that, I begged some grub, and then I got job mending track; only I don't find out if you get out of jail, and I think maybe I lose my buddy and never see him no more."
Here the old man stopped, gazing affectionately at Hal. "I write you letter to North Valley, but I don't hear nothing, and I got to walk all the way on railroad track to look for you."
How was it? Hal wondered. He had encountered naked horror in this coal-country—yet here he was, not entirely glad at the thought of leaving it! He would miss Old Mike Sikoria, his hairy kiss and his grizzly-bear hug!
He struck the old man dumb by pressing a twenty-dollar bill into his hand. Also he gave him the address of Edstrom and Mary, and a note to Johann Hartman, who might use him to work among the Slovaks who came down into the town. Hal explained that he had to go back to Western City that night, but that he would never forget his old friend, and would see that he had a good job. He was trying to figure out some occupation for the old man on his father's country-place. A pet grizzly!
Train-time came, and the long line of dark sleepers rolled in by the depot-platform. It was late—after midnight; but, nevertheless, there was Old Mike. He was in awe of Hal now, with his fine clothes and his twenty-dollar bills; but, nevertheless, under stress of his emotion, he gave him one more hug, and one more hairy kiss. "Good-bye, my buddy!" he cried. "You come back, my buddy! I don't forget my buddy!" And when the train began to move, he waved his ragged cap, and ran along the platform to get a last glimpse, to call a last farewell. When Hal turned into the car, it was with more than a trace of moisture in his eyes.
POSTSCRIPT
From previous experiences the writer has learned that many people, reading a novel such as "King Coal," desire to be informed as to whether it is true to fact. They write to ask if the book is meant to be so taken; they ask for evidence to convince themselves and others. Having answered thousands of such letters in the course of his life, it seems to the author the part of common-sense to answer some of them in advance.
"King Coal" is a picture of the life of the workers in unorganised labour-camps in many parts of America, The writer has avoided naming a definite place, for the reason that such conditions are to be found as far apart as West Virginia, Alabama, Michigan, Minnesota, and Colorado. Most of the details of his picture were gathered in the last-named state, which the writer visited on three occasions during and just after the great coal-strike of 1913-14. The book gives a true picture of conditions and events observed by him at this time. Practically all the characters are real persons, and every incident which has social significance is not merely a true incident, but a typical one. The life portrayed in "King Coal" is the life that is lived to-day by hundreds of thousands of men, women and children in this "land of the free."
The reader who wishes evidence may be accommodated. There was never a strike more investigated than the Colorado coal-strike. The material about it in the writer's possession cannot be less than eight million words, the greater part of it sworn testimony taken under government supervision. There is, first, the report of the Congressional Committee, a government document of three thousand closely printed pages, about two million words; an equal amount of testimony given before the U. S. Commission on Industrial Relations, also a government document; a special report on the Colorado strike, prepared for the same commission, a book of 189 pages, supporting every contention of this story; about four hundred thousand words of testimony given before a committee appointed at the suggestion of the Governor of Colorado; a report made by the Rev. Henry A. Atkinson, who investigated the strike as representative of the Federal Council of the Churches of Christ in America, and of the Social Service Commission of the Congregational Churches; the report of an elaborate investigation by the Colorado state militia; the bulletins issued by both sides during the controversy; the testimony given at various coroners' inquests; and, finally, articles by different writers to be found in the files of Everybody's Magazine, the Metropolitan Magazine, the Survey, Harper's Weekly, and Collier's Weekly, all during the year 1914.
The writer prepared a collection of extracts from these various sources, meaning to publish them in this place; but while the manuscript was in the hands of the publishers, there appeared one document, which, in the weight of its authority, seemed to discount all others. A decision was rendered by the Supreme Court of the State of Colorado, in a case which included the most fundamental of the many issues raised in "King Coal." It is not often that the writer of a novel of contemporary life is so fortunate as to have the truth of his work passed upon and established by the highest judicial tribunal of the community!
In the elections of November, 1914, in Huerfano County, Colorado, J. B. Farr, Republican candidate for re-election as sheriff, a person known throughout the coal-country as "the King of Huerfano County," was returned as elected by a majority of 329 votes. His rival, the Democratic candidate, contested the election, alleging "malconduct, fraud and corruption." The district court found in Farr's favour, and the case was appealed on error to the Supreme Court of the State. On June 21st, 1916, after Farr had served nearly the whole of his term of office, the Supreme Court handed down a decision which unseated him and the entire ticket elected with him, finding in favour of the opposition ticket in all cases and upon all grounds charged.
The decision is long—about ten thousand words, and its legal technicalities would not interest the reader. It will suffice to reprint the essential paragraphs. The reader is asked to give these paragraphs careful study, considering, not merely the specific offence denounced by the court, but its wider implications. The offence was one so unprecedented that the justices of the court, men chosen for their learning in the history of offences, were moved to say: "We find no such example of fraud within the books, and must seek the letter and spirit of the law in a free government, as a scale in which to weigh such conduct." And let it be noted, this "crime without a name" was not a crime of passion, but of policy; it was a crime deliberately planned and carried out by profit-seeking corporations of enormous power. Let the reader imagine the psychology of the men of great wealth who ordered this crime, as a means of keeping and increasing their wealth; let him realise what must be the attitude of such men to their helpless workers; and then let him ask himself whether there is any act portrayed in "King Coal" which men of such character would shrink from ordering.
The Court decision first gives an outline of the case, using for the most part the statements of the counsel for the defendant, Farr; so that for practical purposes the following may be taken as the coal companies' own account of their domain: "Round the shaft of each mine are clustered the tipple, the mine office, the shops, sheds and outbuildings; and huddled close by, within a stone's throw, cottages of the miners built on the land of, and owned by, the mining company. All the dwellers in the camp are employes of the mine. There is no other industry. This is 'the camp.' Of the eight 'closed camps' it appears that practically the same conditions existed in all of them, and those conditions were in general that members of the United Mine Workers of America, their organisers or agitators, were prevented from coming into the camps, so far as it was possible to keep them out, and to this end guards were stationed about them. Of the eight 'closed camps' one of them, 'Walsen,' was, and at the time of the trial still was, enclosed by a fence erected at the beginning of the strike in October, 1913: Rouse and Cameron were partly, but never entirely, enclosed by fences. It is admitted that all persons entering these camps and precincts were required by the companies to have passes, and it is contended that this was an 'industrial necessity.'"
The Court then goes on as follows:
"The Federal troops entered the district in May of 1914, and the testimony is in agreement that no serious acts of violence occurred thereafter, and that order was preserved up to and subsequent to the election, and to the time of this trial.
"It was under this condition that in July, 1914, the Board of County Commissioners changed certain of the election precincts so as to constitute each of such camps an election precinct, and with but one exception where a few ranches were included, these precincts were made to conform to the fences and lines around each camp, protected by fences in some instances and with armed guards in all cases. Thus each election precinct by this unparalleled act of the commissioners was placed exclusively within and upon the private grounds and under the private control of a coal corporation, which autocratically declared who should and who should not enter upon the territory of this political entity of the state, so purposely bounded by the county commissioners.
"With but one exception all the lands and buildings within each of these election precincts as so created, were owned or controlled by the coal corporations; every person resident within such precincts was an employe of these private corporations or their allied companies, with the single exception: every judge, clerk or officer of election with the exception of a saloon keeper, and partner of Farr, was an employe of the coal-companies.
"The polling places were upon the grounds, and in the buildings of these companies; the registration lists were kept within the private offices or buildings of such companies, and used and treated as their private property.
"Thus were the public election districts and the public election machinery turned over to the absolute domination and imperial control of private coal corporations, and used by them as absolutely and privately as were their mines, to and for their own private purposes, and upon which public territory no man might enter for either public or private purpose, save and except by the express permission of these private corporations.
"This right to determine who should enter such so called election precincts, appears from the record to have been exercised as against all classes; merchants, tradesmen or what not, and whether the business of such person was public or private. Indeed, it appears that in one instance the governor and adjutant general of the state while on official business, were denied admission to one of these closed camps. And that on the day of election, the Democratic watchers and challengers for Walsen Mine precinct, one of which was Neelley, the Democratic candidate for sheriff, were forced to seek and secure a detail of Federal soldiers to escort them into the precinct and to the polls, and that such soldiers remained as such guard during the day and a part of the night....
"But if there was any doubt concerning the condition of the closed camps and precincts, and the exclusion of representatives of the Democratic party from discussing the issues of the campaign within the precincts comprising the closed camps, it is entirely removed by the testimony of the witness Weitzel, for contestee (Farr). He testified that he was a resident of Pueblo, and was manager of the Colorado Fuel and Iron Company; that Rouse, Lester, Ideal, Cameron, Walsen, Pictou and McNally are camps under his jurisdiction. That he had general charge of the camps and that there was no company official in Colorado superior to him in this respect except the president; that the superintendent and other employes are under his supervision; that the Federal troops came about the 1st of May, 1914, and continued until January, 1915. That in all those camps he tried to keep out the people who were antagonistic to the company's interests; that it was private property and so treated by his company; that through him the company and its officials assumed to exercise authority as to who might or who might not enter; that if persons could assure or satisfy the man at the gate, or the superintendent that they were not connected with the United Mine Workers, or in their employ as agitators, they were let into the camp. That 'no one we were fighting against got in for social intercourse or any other'; that he and officials under him assumed to pass upon the question of whether or not any person coming there came for the purpose of agitation. That Mr. Mitchell, the chairman of the Democratic committee, as he recalled it, was identified with the agitators, ran a newspaper and was connected either directly or indirectly with the United Mine Workers; that Mr. Neelley, Democratic candidate for sheriff, was identified with the strikers, and that he would be considered as an objectionable character. That when the Federal troops came, they restored peace and normal conditions; there was no rioting after that, there was no fear on the part of the company when the Federal soldiers were here, except fear of agitation. Asked if he guarded the camp against discussion, against the espousal of the cause of the company, he replied, 'We didn't encourage it.' The company would not encourage organisers to come into the camp, no matter how peacefully they conducted themselves; that the company did not permit men to come into the camp to discuss with the employes certain principles, or to carry on arguments with them or to appeal to their reason, or to discuss with them things along reasonable lines, because it was known from experience that if they were allowed to come in they would resort to threats of violence. They might not resort to any violence at the time, but it might result in the people becoming frightened and leaving, and they were anxious to hold their employes. He was asked whether or not one had business there depended upon the decision of the official in charge; he replied that the superintendent probably would inquire of him what his business was. That any one that Farr asked for a permit to enter the camp would likely get it....
"There was but one attempt to hold a political meeting in the closed precincts. Joseph Patterson, who attempted to hold this meeting, testifies concerning it as follows:
"Was at a political meeting at Oakview. Had been a warm, personal friend of Mr. Jones, the assistant superintendent of the Oakview mine, and had written him a letter asking the courtesy of holding a political meeting. On Saturday evening received a letter that he could hold such meeting. On the day previous to the meeting witness received a 'phone message from the assistant superintendent, in which the latter inquired whether witness was coming up there to cause any trouble, and witness replied, certainly not, and if the superintendent felt that way they would not come. Had advised the superintendent that he and others were going to hold a political meeting for the Democratic party. Jones, the superintendent, stated that witness should come to the office that night before he went to the school house for the purpose of the meeting; when witness arrived at the meeting there were about six or eight English speaking people and a dozen to fourteen Mexicans. The superintendent, Mr. Morgan, and Mr. Price, were outside of the door most of the time. Witness noticed that the first few fellows that came toward the school house, the superintendent stopped and talked with them and they turned back to the camp. This happened several times: as soon as they talked with Morgan they turned back. After he saw that, witness went into the school house and said that it was no use to hold any meeting; that it seemed that nobody was allowed to come. This meeting was supposed to be in a public school house on the company property. Had to get permission from the superintendent of the Oakview mining Company to hold said political meeting."....
"It appears that the number of registered voters in the closed precincts was very largely in excess of the number of votes cast, and this of itself was sufficient to demand an open and fair investigation as to the qualifications of the alleged voters.
"It appears from the testimony that in these closed precincts many of those who voted were unable to speak or read the English language, and that in numerous instances, the election judges assisted such, by marking the ballots for them in violation of the law. Again, it appears that the ballots were printed so that.... (The decision here goes on to explain in detail a device whereby the ballot was so printed that voting could be controlled with the help of a card device.) Thus such voters were not choosing candidates, but, under the direction of the companies, were simply placing the cross where they found the particular letter R on the ballot, so that the ballot was not an expression of opinion or judgment, not an intelligent exercise of suffrage, but plainly a dictated coal company vote, as much so as if the agents of these companies had marked the ballots without the intervention of the voter. No more fraudulent and infamous prostitution of the ballot is conceivable....
"Counsel contend that the closed precincts were an 'industrial necessity,' and for such reason the conduct of the coal companies during the campaign was justified. However such conduct may be viewed when confined to the private property of such corporations in their private operation, the fact remains that there is no justification when they were dealing with such territory after it had been dedicated to a public use, and particularly involving the right of the people to exercise their duties and powers as electors in a popular government.
"The fact appears that the members of the board of county commissioners and all other county officers were Republicans, and as stated by counsel for the contestees, the success of the Republican candidates was considered by the coal companies, vital to their interests. The close relationship of the coal companies and the Republican officials and candidates appears to have been so marked both before and during the campaign, as to justify the conclusion that such officers regarded their duty to the coal companies as paramount to their duty to the public service. To say that the closed precincts were not so created to suit the convenience and interests of these corporations, or that they were not so formed with the advice and consent of these corporations, is to discredit human intelligence, and to deny human experience. The plain purpose of the formation of the new precincts was that the coal companies might have opportunity to conduct and control the elections therein, just as such elections were conducted. The irresistible conclusion is that these close precincts were so formed by the county commissioners with the connivance of the representatives of the coal companies, if not by their express command.
"There can be no free, open and fair election as contemplated by the constitution, where private industrial corporations so throttle public opinion, deny the free exercise of choice by sovereign electors, dictate and control all election officers, prohibit public discussion of public questions, and imperially command what citizens may and what citizens may not, peacefully and for lawful purposes, enter upon election or public territory....
"We find no such example of fraud within the books, and must seek the letter and spirit of the law in a free government, as a scale in which to weigh such conduct....
"The denial of the right of peaceful assemblage, can have been for no other purpose than to influence the election. There was no disturbance in any of these precincts after they were created, up to the time of the election, and up to the time of this trial. The Federal troops were present at all times to preserve the peace and to protect life and property. There was no reason to anticipate any disturbance. Therefore this bold denial was an inexcusable and corrupt violation of the natural and inalienable rights of the citizens.
"The defence relies not upon conflicting evidence, but upon the contention that the conduct of the election was justified as an 'industrial necessity.'
"We have heard much in this state in recent years as to the denial of inherent and constitutional rights of citizens being justified by 'military necessity,' but this we believe is the first time in our experience when the violation of the fundamental rights of freemen has been attempted to be justified by the plea of 'industrial necessity.'
"Even if we were to concede that there may be some palliation in the plea of military necessity on the theory that such acts purport to be acts of the government itself, through its military arm and with the purpose of preserving the public peace and safety: yet that a private corporation, with its privately armed forces, may violate the most sacred right of the citizenship of the state and find lawful excuse in the plea of private 'industrial necessity' savours too much of anarchy to find approval by courts of justice.
"This case clearly comes within another exception to the rule, in that it is plain that the findings were influenced by the bias and prejudice of the trial judge.
"A careful reading of the record discloses the rejection by the court of so much palpably pertinent and competent testimony offered by the contestors, as to force the conclusion that the trial judge was influenced by bias and prejudice, to the extent at least, charged in the application for a change of venue, and sufficient in itself to justify a reversal of judgment....
"For the foregoing reasons the judgment of the court in each case before us, is reversed, and the entire poll in the said precincts of Niggerhead, Ravenwood, Walsen Mine, Oakview, Pryor, Rouse and Cameron is annulled, and held for naught, and the election in each of said precincts is hereby set aside. This leaves a substantial and unquestioned majority for each of the contestors in the county, and which entitles each contestor to be declared elected to the office for which he was a candidate.
"We find further, that J. B. Farr, the defendant in error, was not and is not the duly elected sheriff of Huerfano county, and that E. L. Neelley, the plaintiff in error, was and is the duly elected sheriff of said county. It is therefore ordered that the said county, and that the said E. L. Neelley, immediately and upon qualification as required by law, enter and discharge the duties of the said office of sheriff of Huerfano county...."
So much for the court opinion upon coal-camp politics. In relation thereto, the writer has only one comment to offer. Let the reader not drop the matter with the idea that because one set of corrupt officials have been turned out of office in one American county, therefore justice has been vindicated, and there is no longer need to be concerned about the conditions portrayed in "King Coal." The defeat of the "King of Huerfano County" is but one step in a long road which the miners of Colorado have to travel if ever they are to be free men. The industrial power of the great corporations remains untouched by this decision; and this power is greater than any political power ever wielded by the government of Huerfano County, or even of the state of Colorado. This industrial power is a deep, far-spreading root; and so long as it is allowed to thrive, it will send up again and again the poisonous plant of political "malconduct, fraud and corruption." The citizens and workers of such industrial communities, whether in Colorado, in West Virginia, Alabama, Michigan or Minnesota, in the Chicago stock-yards, the steel-mills of Pittsburg, the woollen-mills of Lawrence or the silk-mills of Paterson, will find that they have neither peace nor freedom, until they have abolished the system of production for profit, and established in the field of industry what they are supposed to have already in the field of politics—a government of the people, by the people, for the people.
NOTE: On the day that the author finished the reading of the proofs of "King Coal," the following item appeared in his daily newspaper:
COLORADO MINE WORKERS ASK LEAVE TO STRIKE
[BY A. P. NIGHT WIRE]
DENVER (Colo.), June 14.—Officers of the United Mine Workers representing members of that organisation employed by the Colorado Fuel and Iron Company, have telegraphed their national officers asking permission to strike.
At the morning session a resolution was adopted expressing disapprobation of the action of J. F. Welborn, president of the fuel company, for failure to attend the meeting, which was a part of the "peace programme" to prevent industrial differences in the State during the war.
The grievances of the men, according to John McLennan, spokesman for them, centre about the operation of the so-called "Rockefeller plan" at the mines. McLennan said the failure of Mr. Welborn to attend the meeting and discuss these grievances with the men precipitated the strike agitation.
THE END |
|