Fort Sherman, through the Fourth of July Cañon and back, making a careful search. No bodies were discovered, and the tales of burned human bones were proved to have been a hoax.

Early on the the 13th, the non-union miners, lately engaged in the Wardner mines, estimated to number three hundred, were sent out of the country on a Union Pacific train guarded by armed strikers. These unfortunates sought refuge in the town of Tekoa, Washington.

Thus far the strikers had obtained a series of uninterrupted victories. They had only to demand and receive. They had driven the non-union men out of the country; the most valuable mines and mills of the district were in their possession and the inhabitants of the principal towns terrorized.

Governor Willey, upon receipt of General Curtis's telegram, wired President Harrison on July 11th, that the State Legislature was not in session, and could not be convened promptly; that the civil authority was wholly inadequate to maintain peace; that while he would

immediately order the available military

force of the State into the field, it was far

too few in numbers to cope successfully with the mob, and he asked for Federal troops.

In response the Governor was notified by the acting Secretary of War, July 12th, that troops would be at once sent to his assistance and to communicate with Brigadier-General Ruger, commanding the Department of the Columbia. The State troops consisted of twelve companies, none properly equipped for field service, scattered at great distances apart in the different towns of the State,which, it should be borne in mind, comprises an area nearly equal to the States of New York and Pennsylvania, with a population of but one hundred thousand.

Governor N. B. Willey:-Pursuant to section four of the revised statutes, we urgently make application to your excellency for the enforcement of the provisions of sections 7,400 to 7,408 of the revised statutes. C. W. O'NEIL, District Atty. of Shoshone County.

H. S. GREGORY, Probate Judge,— the Governor issued his proclamation declaring martial law in the county of Shoshone.

General Ruger received orders by telegram from the Major General commanding the army, to send the available infantry force from Fort Sherman to the scene of the disturbance, with directions to report to the Governor of the State. He was also authorized to increase the force if necessary. Pursuant to these instructions, Colonel William P. Carlin,

Fourth Infantry, left Fort Sherman with companies A, D, F, and H, Fourth Inthe afternoon fantry, in of July 12th, and reached the Cataldo Bridge The the next day at 10 o'clock, A. M. six companies of the First Regiment, Idaho N. G., 191 strong out of a total of 196, arrived at Cataldo at 12.15 P. M., the same day, and reported to General James F. Curtis.

In the meantime, other troops were A batbeing rushed forward by rail. talion of the Fourteenth Infantry under Lieutenant-Colonel H. A. Theaker, companies B, C, D, E, and F, left Vancouver Barracks, 507 miles west, on

Co F, Capt Johns, Hailey; Co. A. Capt. C. C. Stevenson, Boise; Co. B, Capt. Degitz, Weiser; Co. M, Capt. Moody, Vollmar; Co. L, Capt. Haymond, Genesee; Co. K, Capt. J. H. McCallie, Moscow.

the 13th, and arrived at the scene of trouble at noon on the 14th. A battalion of the Twenty-second Infantry under command of Lieutenant-Colonel John H. Page, companies B, D, F, G and H, left Fort Keogh, 642 miles east, the evening of the 13th, and arrived at Mullan on the 15th. A battalion of the Fourth Infantry under LieutenantColonel H. C. Cook, companies B, E, and G, left Fort Spokane, 189 miles northwest, on the morning of the 13th, made a forced march of twenty-six miles in eight hours to the nearest railroad point, this being the only battalion ordered to the scene of trouble not having direct railway communication,-took the train at Davenport, and reached Cataldo at 5:55 P. M., on the evening of the fourteenth, passing at Tekoa the nonunion men that had been driven out of the Coeur d'Alénes the day before, and who were congregated about the station, a motley crowd,-foreigners for the most

part, some cursing, some bewailing,-a

class not calculated to excite much sympathy either by their appearance or actions.

At Harrison a battalion of the Twentyfifth Infantry, from Fort Missoula, under Captain W. I. Sanborn, F, G, and H, was passed. These were colored troops, and were as soldierly a battalion as ever wore the blue. They had been ordered from Fort Missoula on the 12th, being the last battalion to join General Carlin's command, although the first on the scene of action, and the one suffering the greatest inconvenience in obeying their orders for the concentration.

The colored troops were extremely objectionable to the lawless element, but by their discipline and cheerful performance of duties won the encomiums of their superiors and comrades in arms, and quickly forced the unruly to appreciate the fact that they were not to be trifled with.

On July 14, General Carlin advanced from Cataldo, leaving a guard to protect the telegraph operator there, to Wardner Junction, where he established his headquarters.'

General Curtis, commanding the Idaho troops, placed his headquarters at Wallace, telegraphed Governor Willey, "We control the situation," and issued the following order, which was published and posted throughout the district:

The following was the disposition of Carlin's command:--Co. H, 4th Infantry, to guard the mines of the Bunker Hill and Sullivan and Sierra Nevada up the gulch at Wardner. Co. F, 4th Infantry, to guard the Bunker Hill and Sullivan Concentrator, half a mile below Wardner Junction. Co's A, B. G, and E, 4th Infantry, F, G, and H, 25th Infantry, and four companies of the Idaho N. G., making a total of eleven companies, were camped at Wardner Junction. One company of the Idaho N. G. was sent forward to Osborne. Four companies 14th Infantry, under Lt. Col. Theaker, were placed in Wallace. Co. B, of the 14th Infantry was sent to Burke. Co. D, of the 4th Infantry and one company of the Idaho N. G. were stationed at Gem. The 22nd Infantry, leaving one company at Mullan, moved westward with the remaining four companies to Wallace, where under command of Lt.-Col. Page they went into camp.

To the troops in Shoshone County General Curtis published a terse and forcible order. "If any person is apprehended in the act of blowing up railroad bridges or property, or mills or houses or other property, with dynamite, or placing it in position, shoot him on the spot."

It was a significant fact that no man surrendered, and although over 800 Winchesters were positively known to be in 'From Fort Keogh, Montana-at Wallace, Idaho.

force of troops at Wardner Junction was held under arms, ready to defend the non-union men, but the rioters made no demonstration, although congregated in great numbers about the railroad station and very sullen in their demeanor. That evening, and thereafter, arrests were made of all known members of the Miners' Union at Wardner, Wallace, Gem, Burke, Mullan, and wherever else they could be apprehended.

There being no adequate prison facilities at Wardner Junction, a one story frame building opposite the Union Pacific station, which had been originally intended for a small general merchandise store, was utilized. It was soon overcrowded with prisoners. At Wallace, two empty cottages and a large wooden store house were pressed into service as prison pens.

All saloons in the district were closed and the towns patrolled day and night.

The President of the United States issued a proclamation, which was received on July 16th. Copies were printed, both of this proclamation and the Governor's, together with an extract of Section 7407, Revised Statutes of Idaho. These were posted conspicuously throughout the district. Very many were immediately torn down or defaced, and apparently were of little effect.

It became so evident that Sheriff Cunningham was acting in the interest of his friends, the strikers, to whom he owed his election, that General Curtis removed him from office,- also Thomas Argyle, City Marshal of Wallace, and John Steffes, Marshal at Wardner, on account of their inefficiency, incapability, and unwillingness to act.

The civil courts were not interfered with and were in session for the hearing of criminal and civil cases. Honorable Junius Holleman, Judge of the First Judicial District of Idado, was called upon to decide the legality of Governor Willey's proclamation declaring martial law. It occurred in this way: in a criminal case pending before the court, at Murray, Idaho, a motion was made by James H. Hawley, attorney for defense, to quash an indictment, inasmuch as the grand jury had been impaneled by Sheriff Sims, who was claimed to have been appointed to office without due authority of law.

After a masterly argument before the court, which continued for two days, made by Captain J. G. Ballance, 22d U. S. Infantry, in which all the powers of martial law were exhaustively presented, the court decided that the proclamation was valid and that Sims was not only the de facto but also the de jure Sheriff. It was known to a few only, that had the decision of the court been adverse, the functions of all civil courts in the district would have been immediately suspended. The argument of Captain Ballance was to the effect that during the existence of martial law the courts were only per

as they were subordinate to the military power.

July 16th the Mine Owners' Association agreed that the miners could board and trade where they pleased hereafter.

The railroad authorities were directed on the 15th and 16th of July not to sell tickets or transport passengers through the county of Shoshone without passes from military headquarters. All trains were searched by troops and all persons attempting to evade the order were summarily ejected from the trains. This precaution was taken to prevent the escape of participants in the riots.

On the 19th, reports having been received that a party of about a hundred armed rioters were lurking in the mountains near the Montana line, Generals Curtis and Carlin, escorted by two companies of infantry, made an armed reconnaisance to Saltese, where they found nothing material, and a telegram to Governor Toole of Montana, for permission to pursue the rioters across the State line being met with refusal, the troops returned to Wallace and Wardner.

Hugh McGee, O'Brien, Poynton, Doyle, Peterson, Eaton, Nicholson, Fitzgerald, Dean, Heeney, and Boyce, were found guilty of contempt of court, and sentenced to be confined in the county jail of Ada County, for terms varying from four to eight months each. The others were discharged.

The Weiser and Genesee companies, I. N. G. left for home the 26th of July. On the 27th, the Vollmar company and the battalions of the Twenty-fifth U. S.