New-York tribune., 1907-12-29
TROOPS MAY REMAIN.
NEW GOLDFIELD ORDER.
President GiUes Coz. SPARKS Fire
Days to Summon Legislature.

instructions from the President, the Secretary
of War late to-day sent telegraphic orders to
General Funston, commanding the Department
of California, at San Francisco, countermand-
ing previous orders for the withdrawal of the
troops from Goldfield on Monday. The troops
will be allowed to remain there three weeks
longer provided Governor Sparks within five
days issues a call for a special session OF the
Legislature. The Presidents action was taken
in response to d telegram from the Governor IN
which he sets forth the need of armed interven-
ton and expresses doubt if a special session OF
the Legislature would result in request from
that body for federal aid. The Presidents dis
patch to the Governor follows:
The White House,
Washington, December 2S 1901
To Hon John Sparks. Governor, Carson CITY
Your telegram of December 26 is received. 1t
in effect declares that you have failed 10 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 I'M
poses not upon you but upon the Legislature IL
it be convened, the duty of calling upon the
government of the United States to protect the
State of Nevada against domestic violence You
request to the armed forces OF the
United States III violation or the ConstluutiI2d o2
because in your judgment, the Legislature WOULD
fail to perform its duty under the Constitution
The state government certainly does not appear
have made any serious effort to do its duty
by the effective enforcement of its police func-
tions.
I ropeat again what have already said to
you several times. that under the circumstances
now existing in the State of Nevada as made
known to me, an application from the Les1sia-
ture Of the state Is an essential condition TO the
indefinite continuance of the troops at Gold
field. Circumstances may change. and If they
do 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 Ii IS apparent from your tele-
gram that the Legislature of Nevada can readily
be convened. You have fixed the period or
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
Legislature of Nevada I shall continue the
station of troops at Goidfeld during such period
Of three weeks. If within the term Of five DAYS
such notice has been issued the troops will
be Immediately returned TO their former sta
tions. THEODORE ROOSEVELT.
The telegram of Governor Sparks, to which
the President replies. is follows:
Carson. New. December 20. 1907.
As CHIEF Magstrste Of fbe State Of Nevada.
have been of the opinion for the last year that
sGrrecton has existed in the Golddeld mining dis
tTict There has been an almost constant state
owners who employ the members of the union
During the year 1907 practically one-fourth of the
time occupied in actual strikes and several
months in agtatons about other strikes Without
ronsdeTng li the merit Of any OF the the
became divided into two hostile camps-on the one
5e se and on the ' oher haHd Se ns ha
with their adherents and sympathizers The union
alone claimed membership OF three thousand.
and fully one-half of the membership con-
stany arr armed ID, Arms m b ana a m 6o were r tb
other hand. the mine owners had In their employ
constantly armed and duty: in addition to these
opposing forces were an unusually large number OF
the criminal element attracted to the new and
Under such conditions the civil authorities were
practically pOwerleSS. They could attend to the
ordinary petty offenders from day TO day. but at
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 irrtated the mine owners more and more
1t clear TO me. therefore. that when the last
& etTke ws GeG IN b the fSy o and 'Re With lon
winter facing the twenty thousand people situated
tres OF population. II time to recognize tho ac-
tual condition OF affairs and TO act accordingly.
In my judgment. when armed bodies are In exist
sf5orItie and Continual threats are made Of the
destruction of life and property This condition mas
year and exists there now 1t calls for the pres
of the troops 10 Keep the peace As t,ls con- con.
d5tqe ao nas ffen m of Ho" growth 1t Will take time
In my Judgment. it is necessary that troops be-
kept at Godfied an indefinite period of time They
should remain there until both sides are shown
and and a scene Of continual warfare. The communist
and anarchist must seek new fields. the laboring
fuI methods are more certain and lasting methods
of improving his condition than dynamite and the
This can only come about in time, and for the
present and some time In the future the strong arm
of the military must be in evidence TO convince all
that other method VIII be tolerated 1t Is
known matter OF legislative history that
recommended a measure at the last session having
for it's object the establishment OF a state con-
stabulary, along the lines Of the Texas Rangers.
which rejected by that body. the members
thereof still being in office, The Assembly OF that
session the of all but one. passed reso-
luton denouncing the injustice done Moyer. hay
wood and Pettibone by tho denial of speedy trial
The resolution however. was tabled by the senate;
II is a matter OF only few weeks since called
+Lo Of n
advisa biIity OF conveniug special session to act
upon then existing emergency; whlcn' h0~ever. n
presstons received at that time indicated that 90
per cent Of the people were opposed to spch extra
count OF the customary ten days notice to mem
ize a special session of the Legislature in less
than three weeks presuming on the most eApedi-
tioIs action on the part OF the members.
For these reasons I deemed 1t impossible to
convene the Legislature In special session meet
advisabie This Telegram in course of prepa
the nth inst. in reply to your TELEGRAM,
inst returned to my office. 1 am now sending 1t
in lieu of letter which wired you was in course
my part and no disconTtesy me meant thereby .
Senator Newlands. of Nevada, sent the follow
ing telegram to Governor Sparks to-day;
Ny opinion is that in order Justify the ma
tionaI government in using its armed forces to
essary under the Constitution. that application
should be made by, the legislature or (when the
7 legislature cannot be conVened) by the Governor
1t is necessary therefore. for you in my Judgment
sion as TO whether application should be made to
the President for protection or an adequate law
which will maintain order and protect life and prop
erty Individually l believe in the latter course |
assert it's sovereignty, maintain order and protect
and a within nth Its o and not that hs
under the control of or paid by either the mine |