eme, a writ of _habeas corpus_ was obtained for four men who
had been sent by the military authorities to the "bull pen." The court
sent an order to produce the men. Ninety cavalrymen were then sent to
the court house. They surrounded it, permitting no person to pass
through the lines unless he was an officer of the court, a member of the
bar, a county official, or a press representative. A company of
infantrymen then escorted the four prisoners to the court, while
fourteen soldiers with loaded guns and fixed bayonets guarded the
prisoners until the court was called to order. When the court was
adjourned, after an argument upon the motion to quash the return of the
writ, the soldiers took the prisoners back to the "bull pen." The next
day Judge Seeds was forced to adjourn the court, because the prisoners
were not present. An officer of the militia was ordered to have them in
court at two o'clock in the afternoon, but, as they did not appear at
that time, a continuance was granted until the following day. On
September 23 a large number of soldiers, cavalry and infantry,
surrounded the court house. A Gatling gun was placed in position nearby,
and a detail of sharpshooters was stationed where they could command
the streets. The court, in the face of this military display, cited the
Constitution of Colorado, which declares that the military shall always
be in strict subordination to the civil power, and pointed out that this
did not specify sometimes but always, declaring: "There could be no
plainer statement that the military should never be permitted to rise
superior to the civil power within the limits of Colorado."[38] The
judge then ordered the military authorities to release the prisoners,
but this they refused to do.

At Victor certain mine owners commanded the sheriff to come to their
club rooms, where his resignation was demanded. When he refused to
resign, guns were produced, a coiled rope was dangled before him, and on
the outside several shots were fired. He was told that unless he
resigned the mob outside the building would be admitted and he would be
taken out and hanged. He then signed a written resignation, and a member
of the Mine Owners' Association was appointed sheriff. With this new
sheriff in charge, the mine owners, mine managers, and all they could
employ for the purpose arrested on all hands everybody that seemed
unfriendly to their anarchy. The new sheriff and a militia officer
commanded the Portla