History of Colorado; Volume I, Part 24

Author: Stone, Wilbur Fiske, 1833-1920, ed
Publication date: 1918
Publisher: Chicago, S. J. Clarke
Number of Pages: 954


USA > Colorado > History of Colorado; Volume I > Part 24


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The new act empowers the Industrial Commission "to investigate and ascer- tain the conditions of labor surrounding said women and minors, also the wages of women and minors in the different occupations in which they are employed, whether paid by time rate or piece rate."


The commission can then, either directly or by the appointment of a wage board, consisting of employer, employe and disinterested parties, fix a "minimum living" wage.


The Industrial Commission, as well as the Minimum Wage Commission, con- sists of Hiram E. Hilts, chairman, George W. Densmore and Joseph C. Bell. The secretary of the former is Walter E. Schwed; that of the Minimum Wage Commission is Gertrude A. Lee.


The Industrial Commission also has general supervision over the operation of what is known as the "Mothers' Compensation Act." This was approved April 2, 1907, and was made effective by a referendum vote January 22, 1913. It empowers "county commissioners or like officials in cities working under Article XX (Denver)" to create a fund for the care of neglected or dependent children, which is to be paid to parent or parents. In many cases, notably Denver, such funds have been regularly created.


INSPECTION OF COAL MINES


The first specific law enacted to provide for the health and safety of those employed in and about the coal mines and the protection of property was in


213


HISTORY OF COLORADO


1883, and as a result of the enactment of this law, Gov. James B. Grant appointed John McNeil the first State Inspector of Coal Mines. He was allowed one deputy inspector. This law was slightly amended several times, until in 1913 it was found to be wholly inadequate, for the industry had grown by leaps and bounds.


In 1883 the production was 1,220,593 tons, and in 1910 it was 12,104,887 tons and the field force had been increased from one to three deputy inspectors. But as none of the few provisions that applied to safeguarding could be put into effect because the law was not supported by any police authority, the department was hopelessly handicapped, and there was a general dissatisfaction among the oper- ators and mine workers.


In the winter of 1913, the present State Inspector of Coal Mines, James Dal- rymple, with a member of the United Mine Workers of America, John R. Law- son, drafted a new law, which was presented for enactment to the nineteenth General Assembly then in session. The Senate, before which body the bill came up, referred it to a mining committee, which in turn appointed a sub-committee, composed of Messrs. James Dalrymple; E. H. Weitzel, manager of the fuel de- partment of the Colorado Fuel and Iron Company; George T. Peart, general superintendent of the Rocky Mountain Fuel Company; John R. Lawson, repre- sentative of the United Mine Workers of America; and Senator John Pearson, who was chairman of the committee. These gentlemen revised and amended the bill to the satisfaction of all the members of the sub-committee, who advised that the Assembly pass the bill as amended. It received the unanimous approval of both House and Senate.


Under the present law coal mining has become a positive science, requiring careful training on the part of both the operators and mine workers. The chief and the five deputy inspectors are required to qualify by a rigid and competitive examination showing both practical experience and theoretical knowledge. Mine workers acting as mine officials take competitive examinations showing fitness to serve as first-class mine foremen, or second-class mine foremen, or assistants to such, or as fire bosses. Even the men who fire the shots after the miners have prepared the coal take a shotfirer's examination. The consequence is that only certified men now hold official positions in the coal mines.


STATE HISTORICAL AND NATURAL HISTORY SOCIETY


The State Historical and Natural History Society was organized February 10, 1879, by a coterie of professional and business men, who felt that much informa- tion then available concerning the old records of the territory and the history of early explorations could be saved to posterity by such an organization. This first meeting was held in the office of Joseph C. Shattuck, then state superintendent of public instruction. In July, 1879, the articles of incorporation were filed with this splendid list of citizens as sponsors : J. F. Frueauff, William Halley, F. J. Bancroft, Wilbur F. Stone, Richard Sopris, William D. Todd, Roger W. Wood- bury, Fred J. Stanton, John Evans, Fred Z. Salomon, R. G. Buckingham, H. A. Lemen, William N. Byers, R. E. Whitsitt, Paul H. Hanus, William E. Pabor, J. Harrison Mills, Scott J. Anthony, B. F. Zalinger, Edward A. Stimson, Joseph S. Shattuck, Edwin J. Carver, A. Stedman, W. B. Vickers, H. K. Steele, N. A. Baker, William F. Bennecke, Aaron Gove, S. T. Arensburg.


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HISTORY OF COLORADO


The first board of directors consisted of Richard Sopris, John Evans, William N. Byers, Roger W. Woodbury, F. J. Bancroft, H. K. Steele, Aaron Gove, William D. Todd and William E. Pabor.


On February 13, 1879, the General Assembly had passed an act donating $500 and "the use of the supreme court or state library room * * * when- ever there shall be organized within the state, a State Historical and Natural His- tory Society."


With Doctor Bancroft as its first president, and Dr. H. K. Steele, Aaron Gove and W. E. Pabor as joint curators, real progress was made particularly in the beginnings of what is now the State Museum. In 1886 this was placed on exhibition in the upper floor of the Chamber of Commerce building, corner of Fourteenth and Arapahoe streets, and remained there until installed on the lower floor of the State House.


This grew to such proportions that in 1909 the General Assembly passed an act providing for a State Museum building, which was finally completed, at a total cost of $487,000, in 1915. It is located directly south of the State House. In this the Historical Society occupies the east side of the basement for its news- paper files, these dating back to April 23, 1859, when the Rocky Mountain News was founded. The entire main floor is filled with one of the finest ethnological collections of its kind in the country. It is remarkable for the variety of speci- mens covering prehistoric periods in Colorado.


Nothing equal to its collection of cliff dwellers' utensils is found anywhere else in the United States. The collection covers with much thoroughness pic- tures of pioneers and pioneering establishments all over the territory. Its collec- tion of books on early and later history of various periods in the development of this western country has been greatly enhanced by such additions as those in the gift of Edward B. Morgan. The society also is custodian of the Dean Collection of Civil War and other war relics.


In 1915 the General Assembly by enactment declared it to be "one of the educational institutions of the state." The appropriation for the work of the society has never, however, been in any way commensurate with its needs.


Its officers and directors are: L. G. Carpenter, president ; Wm. N. Beggs, vice president ; Ellsworth Bethel, vice president ; John Parsons, secretary ; A. J. Flynn, treasurer ; George L. Cannon, E. A. Kenyon, H. C. Parmelee, Hugh R. Steele.


Jerome R. Smiley, the historian, is custodian.


THE INSURANCE DEPARTMENT


In 1883 the state passed the law creating the office of Insurance Commis- sioner, making it part of the auditor's office. The first commissioner under this act was John C. Abbott. There were then operating in the state thirteen life, three accident, fifty-four domestic fire and marine and twenty-six foreign fire and marine insurance companies. The total fire risks written in 1882 in Colorado amounted to $22,178,195.30. The department was segregated and made a dis- tinct part of the state government in 1907. According to the last report the total fire risks written in 1916 were $330,612,720. All insurance companies


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HISTORY OF COLORADO


operate in the state under a license from the department, and must file annual reports. At present the insurance commissioner is Claude W. Fairchild.


In 1882 the amount carried in the shape of old line life policies in Colorado was $5,538,751. In 1916 there was in force in the form of old line life poli- cies $217,273,539.


Fraternal organizations also report to the department; and on January I, 1917, there was in force in Colorado in life insurance of all classes, $369,000,000.


There were in 1917 operating in Colorado, 51 life companies, 178 fire com- panies, 69 casualty companies, and 61 fraternal societies.


STATE BOARD OF IMMIGRATION


The State Board of Immigration was first established in 1872, and was lim- ited to the publication of statistics covering production and acreage of land avail- able for homestead entry or outright purchase from the state, railroad companies or private individuals. It was in existence only two years.


In 1909 the General Assembly again created the State Board of Immigra- tion, and its first members were: Alva Adams, of Pueblo, D. T. Dodge, of Den- ver, J. F. Mahoney, of Grand Junction, and the governor, ex-officio. This board began active work early in 1910, and for two successive years exhibited the products of the state at the land shows in Chicago, Pittsburgh, New York, Colum- bus, Ohio, and Omaha. It also assisted in the now famous "Western Governors" tour of the East, in which the products of all the states were exhibited in specially designed cars. All the Colorado exhibits were in charge of Alfred Patek, Com- missioner of Immigration.


For some years the department was without funds, but was recreated in 1916, and is now amply supplied with money, and is furnishing information con- cerning state lands, products, resources, etc., to prospective settlers and investors. The present commissioner is Edward D. Foster, of Greeley. The members of the board are Thomas B. Stearns, of Denver, H. E. Wallace, of Boulder, L. Wirt Markham, of Lamar, and the governor, ex-officio.


BUREAU OF LABOR STATISTICS


The Bureau of Labor Statistics was first created in 1887, the commissioner to be an appointee of and under the secretary of state. It was given the task of compiling statistics covering agriculture, mining, manufacturing, transporta- tion, labor and kindred matters. Gradually much of this work was transferred to various bureaus, and the Bureau of Labor Statistics became in fact a Bureau of Labor. The first commissioner under the law was C. J. Driscoll.


Factory inspection is perhaps the most important of the added duties. This was created in 1909, and in 1910 was amended, eliminating the fee system. There are now four factory inspectors, one of whom is a woman.


The free employment offices, of which there are four, two in Denver, one in Pueblo, and one in Colorado Springs, were created in 1907. A superintendent is in charge of each office, with an assistant, who is a woman. During the fruit season a free employment office is opened at Grand Junction, which is in opera- tion four months of each year.


216


HISTORY OF COLORADO


The collection of wage claims has been a continuously growing branch of the department. In 1917 over $25,000 in disputed claims was collected for wage earners of Colorado. This branch now takes up fully half of the time of the office force at Denver.


The department works in conjunction with the schools of the state in enforc- ing the child labor laws. Under these laws no child under fourteen is allowed to work at any gainful occupation while schools are in session. Children between fourteen and sixteen must have a permit to work from the school authorities. No child under sixteen is permitted to work at any dangerous occupation. The hour limit for working children in all cases is eight hours. No night work is allowed.


The enforcement of the woman's eight hour law, which was enacted in 1912, as an initiated measure, is under this department. This limits the employment of women to eight hours in a calendar day in mercantile, mechanical or manu- facturing establishments, hotels, restaurants or laundries. This law does not apply to domestic or farm service.


The department also has the enforcement of the eight hour law applying to underground mines and work in mills, smelters, reduction plants, etc.


The department also has supervision over all private employment offices in the state working under a license from the bureau. The statute defines in detail the manner in which they must conduct their business. This is perhaps one of the most important branches of the department, as it gives complete protection to the laborer who now has dealings with a licensed private employment agency.


Mediation of labor disputes, formerly in the Labor Bureau, is now the work of the State Industrial Commission.


The Federal Bureau of Labor has notified the State of Colorado that a com- pliance with the state law covering employment of children will be considered as a compliance with the Federal law on this subject. The state law preceded the Federal enactment by six years.


The present commissioner is W. L. Morrissey. The statistician is C. J. Moorhouse.


STATE BANK COMMISSIONER


Until 1907 the regulation of banking by the state was confined to statutes requiring reports to the secretary of state and to county officials. In that year the General Assembly created the office of State Bank Commissioner, and the first official under the act was Henry M. Beatty. In 1909, the date of his first report, there were in the state seventy-three state banks, forty-six private banks, eleven trust companies, ten savings banks, and three banks in the hands of re- ceivers.


A compilation of all laws relating to banking was sent with report blanks to every bank coming under the jurisdiction of the state bank commissioner. Supervision followed, examinations being compulsory twice each year. The banking laws of the state were further revised and made drastic in their opera- tions by the General Assembly in 1913, and the powers of the state commissioner were greatly extended.


VIEW OF LARIMER STREET, DENVER, EASTWARD FROM CHERRY CREEK (From a wood engraving published in Frank Leslie's Illustrated Newspaper, New York, on August 20, 1859.)


218


HISTORY OF COLORADO


STATE BUREAU OF MINES


The State Bureau of Mines, created by the General Assembly in 1895, was in fact a segregation of the mining department from that of the state geologist, an office first created by the Territorial Legislature in 1872. Until 1895 the re- port of the state geologist covered the work now done by the State Bureau of Mines. In 1899 the powers of the bureau were extended, and the appointment of additional inspectors was authorized. Numerous changes were made in the law in 1903 and in 1913. The first Commissioner of Mines was Harry A. Lee. The present commissioner is Fred Carroll.


STATE BOARD OF CAPITOL MANAGERS


The State Board of Capitol Managers was the final evolution in the various steps leading to actual supervision and work upon the new capitol building, de- tailed in full in the History of the State House.


In the act of 1897 the "State Board," to succeed the "Board of Capitol Man- agers," was expressly named : John L. Routt, Otto Mears, C. J. Hughes, and John A. Cooper, with the governor a member ex officio. The board under the act was "to continue until the entire completion and furnishing of said capitol build- ing, and shall announce by proper proclamation the same as accepted by and through the said board on behalf of the state, and thereafter the said board shall cease to exist."


The board continued in office under this provision notwithstanding the efforts made repeatedly to annul it, and finally in 1917 the General Assembly made it a permanent body with supervision of the state house, the state museum, and the property purchased for the adjutant general's department north of the state house, at Sherman and Colfax avenues. The board now, January, 1918, con- sists of the governor, ex officio, Otto Mears, one of the original members, James Williams, Hiram E. Hilts, and Marshall B. Smith.


THE STATE LAND BOARD


On April 2, 1877, the State Board of Land Commissioners held its first meet- ing under the constitutional provision creating it.


The new state in the enabling act had been given 32,000 acres for the erection of public buildings, 32,000 acres for the creation and maintenance of a peniten- tiary, 46,080 acres for a state university, and sections sixteen and thirty-six or lieu lands in each township for school purposes. This amounted to 3,715,555 acres. In addition to this .under the act of 1841 the state was granted "for purposes of internal improvement so much public land as, including the quantity that was granted to such state before its admission and while under territorial govern- ment, will make 500,000 acres." The enabling act furthermore allowed the state 5 per cent from the sale of all agricultural public lands, except those disposed of under homestead laws. This was to go to the fund for internal improvements. Later Congress gave the state 90,000 acres for the agricultural college.


The state land board consisted of the governor, superintendent of public instruction, secretary of state and attorney general. On April 2, 1877, the board


219


HISTORY OF COLORADO


organized by the election of the governor as chairman, and the secretary of state as secretary. William M. Clark, the first secretary of state, thus became the first secretary of the State Land Board. On February 12, 1879, the board elected Rob- ert G. Howell secretary, who then practically assumed the duties afterwards per- formed by the register. The General Assembly, in 1887, in a revision of the land laws, created the office of register, who was elected by the State Land Board. The first register was A. Sagendorf, appointed at the meeting of March 22, 1887.


In 1909 the constitution was amended providing for a State Board of Land Commissioners, appointed by the governor, one of whom is called the register, one is president, and one is engineer. The term is for six years.


The state lands cannot be sold at less than $3.00 per acre, but the average price has been far beyond that.


RECEIPTS OF STATE BOARD OF LAND COMMISSIONERS AS PAID TO STATE TREASURER DURING THE FOLLOWING BIENNIAL PERIODS


1877-1878


$ 44,000.00


1879-1880


I12,000.00


1881-1882


112,184.09


1883-1884


239,508.89


1885-1886


291,251.99


1887-1888


642,044.87


1889-1890


758,377-76


1891-1892


479,705-74


1893-1894


255,757.28


1895-1896


231,561.96


1897-1898


238,008.60


1899-1900


355,305.97


1901-1902


372,372.79


1903-1904


574,176.04


1905-1906


684,683.62


1907-1908


825,901.67


1909-1910


1,294,064.08


1911-1912


1,596,428.96


1913-1914


1,364,763.66


1915-1916


1,788,430.54


LAND SALES SHOWING ACREAGE AND AVERAGE PRICE PER ACRE OBTAINED DURING THE FOLLOWING BIENNIAL PERIODS


Acres


Average price


1885-1886


12,836.00


1887-1888


67,738.00


$ 7.80


1889-1890


78,464.00


7.85


1891-1892


28,320.00


1893-1894


9,621.00


1895-1896


41,980.00


4.57


1897-1898


12,148.00


14.71


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HISTORY OF COLORADO


Acres


Average price.


1899-1900


3,130.00


$ 4.35


1901-1902


10,329.00


6.25


1903-1904


11,120.00


6.25


1905-1906


29,926.00


6.90


1907-1908


60,356.25


8.31


1909-1910


287,340.63


11.59


1911-1912


79,639.33


10.38


1913-1914


91,215.57


7.35


1915-1916


134,218.87


10.27


:


STATE ENGINEER


With the first appropriation of streams for irrigation purposes came the need of state regulation. In the "Decree Book" in the office of State Engineer, the Brantner Ditch, appropriating 29.77 cubic feet per second from the South Platte near Brighton, was dated April 1, 1860. There was a small appropriation of the waters of Clear Creek in February, 1860. The first decrees in the Arkansas River Valley were taken out during the same year. Regulation under territorial legis- lation was at first confined to county officials, with appeals to the courts; the amount of water decreed to or claimed by the several early ditches and canals being filed with the county and district court clerks. In 1879 the office of Water Commissioner was created. This was appointive by the governor, and the duties were "to divide the waters of the public streams in times of scarcity among the several ditches and canals, according to prior rights of each. In such districts as have had their rights adjusted by the courts, he has, under the law, but little discretion of his own in the matter of dividing water."


Under the act of 1881 three water divisions, the South Platte, the Arkansas, and the Rio Grande, were created. These were increased from time to time, and on March 5, 1881, the General Assembly created the office of State Engineer, "to be appointed by the governor for a two-year term." The principal task was the making of "careful measurements and calculations of the maximum and mini- mum flow in cubic feet per second of water in each stream from which water shall be drawn for irrigation." The first state engineer appointed under this act was Eugene K. Stimson, who could do little owing to lack of funds. Under his immediate successor, E. S. Nettleton, the office was thoroughly organized and the first records made.


In 1889 the General Assembly created the office of State Engineer as it exists at present, giving this official general supervision over the public waters of the state, the right to inspect and approve or disapprove designs and plans for the construction of all dams and reservoirs, embankments which equal or exceed ten feet in height, giving him general charge of division water superintendents and district water commissioners. There are now five division engineers and seventy district commissioners. The laws governing the engineering work of the state were revised in 1903, 1909, 1911, 1913, 1915 and 1917, but only in what may be termed minor details. The matter of fees was regulated by amendment in 191I. In 1911 the office of superintendent of irrigation was abolished and the governor was empowered to appoint five irrigation division engineers. The boundarie ; of the water districts are fixed by legislative enactment. At present, 1918, the state


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HISTORY OF COLORADO


engineer is Addison J. McCune; deputy, John R. Wortham; division engineers : F. Cogswell, Denver; E. R. Chew, Pueblo; D. A. Norton, Alamosa ; H. C. Getty, Montrose; A. J. Dickson, Glenwood Springs.


STATE DEPARTMENT OF SAFETY


At the extraordinary session in 1917 the General Assembly created a State Department of Safety, appropriating for its establishment during the biennial period the sum of $650,000 out of "Defense Fund, National Defense Bonds, Series 1917." The first superintendent under this act is Frank Adams, former police commissioner of the City of Denver, who in 1918 is organizing the vari- ous companies under the act.


Enlisted men are paid $720 a year, together with board, lodging and equip- ment. Officers are paid as follows : Captain, $1,500 per year ; lieutenants, $1,200 per year ; sergeants, $1,000; corporals, $900 per year.


STATE GAME AND FISH COMMISSION


The territorial government was early made aware of the great need of pre- serving the game of the state. By 1870 the buffalo had been pretty nearly ex- terminated, a few herds still finding shelter in the mountains. But the plains had been cleared. Deer and elk were, however, plentiful, and the sportsmen of that day relate that it was not unusual to find whole carcasses fed to hogs.


The streams of the state were thick with trout, the big streams west or north- west of Denver, such as the Larimer, the Poudre, the North Platte, contained both trout and pickerel. There was no restriction, and the hunter took all the license his needs or pleasure prompted him to take.


.Gordon Land was the first state fish commissioner, later taking also the title of game and fish commissioner. But the protective laws were few and not care- fully compiled. In 1899 D. C. Beaman revised the game and fish laws of the state, and the department was then able to show real growth.


The open season on mountain sheep was closed twenty-nine years ago, the first determined effort to save the game of the country. Large numbers of tour- ists visit Ouray annually, attracted by the bands of mountain sheep cared for and fed by the citizens of Ouray. Pitkin, Garfield, Clear Creek, Teller, Grand, Chaffee and Fremont counties all report bands of mountain sheep.


The open season for elk was closed seventeen years ago, and today there are large bands in Routt, Moffat, Rio Blanco and Grand counties. There are now (1918) nearly four thousand elk in the state.


The open season for deer was not closed until 1913, and the bands of deer are gradually increasing, the largest being in Garfield and Rio Blanco counties. In 1911 between seven hundred and eight hundred were killed. In 1912 not over four hundred were killed. This brought the state to a sudden realization of the need for protection of its game.


While there has been no open season for antelope since 1903, it is a difficult matter to protect this animal, as the peopling of the plains is fast clearing them out from their prairie habitat ; but even this year, 1918, small bands of antelope




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