King Coal

by Upton Sinclair

“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 employés 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 employés 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 employés. 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.