None of these men was permitted to consult counsel. The military officers insolently refused to give any reasons for the incarceration. The attorneys for the Federation then instituted habeas corpus proceedings before District Judge W. P. Seeds, of Teller County; but pending the hearing which was set for Sept. 21st, General Bell issued a proclamation, wherein he stated that among other articles of war he intended to enforce the following:
ARTICLE 45: Whosoever relieves the enemy with money, victuals or ammunition, or knowingly harbors or
The Pinkerton Labor Spy. 75
protects an enemy, shall suffer death, or such other punishment as a Court Martial may direct.
ARTICLE 46: Whosoever holds correspondence with or gives intelligence to the enemy either directly or indirectly shall suffer death, or such other punishment as a Court Martial may direct.
While General Bell did not have the hardihood to eniorce his proclamation to the letter, it served the purpose of the Mine Owners' Association.
In the first place, why did General Bell issue this proclamation ? And in the second place, who was the enemy he had reference to? We will answer the second question first. The only enemy General Bell could possibly mean was the Western Federation of Miners ; and the reason he published the proclamation was, to outlaw the Federation by designating it as an enemy of the Commonwealth.
However, those against whom the proclamation was especially directed were the 500 Federation miners employed on the Portland mine. These men, loyal to their comrades, contributed heavily to the support of the