The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-25
Order of Judge Seeds at Cripple
Greek Obeyed.
Military Authorities Release
the Four Miners.
CAN'T HOLD THE MEN.
Had No Right to Arrest With
out Warrants.
Germ ans Who Refused to Work
Are Imprisoned.

Cripple Greek. Colo. Sept. 25.-Judge
William p. Seeds of the district court,
has decided against the military author
titles in the habeas corpus case of Sner-
man Parker and three others who have
been held prisoners by the military for
about two weeks without warrants and
with no formal charges against them.
General John Chase. in command of
the troops, declined to recognize the au-
thority of the court until ordered by
the governor to do so.
After a telephone conversation be-
tween Governor Peabody and Adjutant
General Sherman Bell. the following or
der was issued:
''Brigadier General John Chase, com
manding First brigade national guard
Colorado, is hereby directed to immedi-
atty comply with the decree of Judge
Seeds, district judge. sitting for the
Fourth judicial district Colorado county,
Colorado. and release hereunder the
prisoners as commanded"
A few minutes thereafter, Sherman
Parker, Charles Campbell, H. Rafferty,
and H. w. Mckinney were released
from the guard house and went to their
respective homes in Independence and
Altman, where they were enthusiaEtical-
ly received by large crowds OF union
miners.
IAhES
Denver Colo, Sept. 25.-The strike
at Cripple Creek has taken on an in
ternational complication. Four Ger
mans imported from Duluth to take
strikers places refused to go to work
when they learned of conditions there.
and were placed in the military prison.
Through the Western Federation of
Miners they have now appealed to the
matter before his government and ask
that action be taken looking to redress
for the men imprisoned.
STRIKE SINCE AUGUST.
A strike of the union miners was or
dered at Cripple Creek about the mid
die of August by the Western Fedora
ton of Miners. in support of the smell
ter men at Colorado City and other
points. who had for a long time been
contending for an eight-hour day. The
mine owners. alleging that a large per-
centage of the men desired to work if
protection was assured, called upon
though the civil authorities denied the
necessity for such course. The gov
ernor, however. decided that troops
were needed, and on September 4 or
dered almost the entire national guard
of the state. about 1000 men. to the
district, under command of Brigadier
General Chase. Since that time sew
eral Rrominent members of the miners
union, including all members of the
executive committee. which had the
strike in charge, have been arrested
without warrants and held in the
guard house. Habeas corpus proceed
\ ings were begun in their behalf last
week. General Chase and his legal
advisers held that although martial
law had not been formally declared. it
was really put in force by the order is
sued by the governor directing the
troops to maintain order. and therefore
the civil court had no jurisdiction.
NOT ALL RELEASED.
There still remain imprisoned in the
military guard house President c. G.
Kennison and w. F. Davis, members of
the miners executive committee, srhos.
Foster and Patrick Mullaney. Habrss
corpus proceedings for the release of
these men were instituted today in the
district court by Attorney John Glover.
| AS Judge Seeds has gone on a trip to
| Denver, no action will be taken in these
cases until Monday.
The military authorities have not
made any charges against the four men
ordered released by Judge Seeds yestsr-
day and they are now free.