Events Leading up to the

Johnson County War/Invasion

 

During territorial period, the Wyoming Stockgrowers Association gained substantial power.  In fact, the territorial legislative sessions were dominated by the Union Pacific Railroad on the one hand and the Stockgrowers Association on the other.  When it came to matters involving livestock, the legislature essentially handed over all responsibility and power to the association. For instance, the first legislature established the Board of Live Stock Commissioners with members appointed by the governor. The commissioners were to organize official roundups, hire brand inspectors, give inspectors lists of “rustler brands,” and oversee livestock sales throughout the territory.

 

From the beginning, the commission was dominated by men who owned large open-range cattle operations. Eventually, the commission turned over some of its powers to the Wyoming Stockgrowers Association. For instance, the the WSGA was allowed to decide which were “rustler brands.”  The effect was that small cattlemen were prevented from using regular markets and many felt pressed without legal recourse. Essentially, by giving the authority to the commission, the legislature was handing away power over all livestock issues to a private association, the WSGA.  The association gained greater power in the 1880s.

 

      The territorial legislature passed the “Maverick law” giving WSGA power over disposal of unbranded cattle

      The legislature allowed for the association to operate “official roundups” to be run by the association at times it designated and allowing such participation as it desired

      The association, a private organization, determined its own membership

      Small ranchers, former cowboys, others not allowed to join.

The association had substantial influence over livestock brands generally The association hired its own livestock “inspectors” with authority to “apprehend” rustlers or suspected rustlers. Many saw this as a blank check for possible abuse.

 

Following the drought of 1886, the decline in cattle prices, and the disastrous winter of 1886-87, many of the open-range cattle companies fell on very hard times. They were victims of what John Clay had called, “Ill luck, mismanagement, greed.” After 1887,

      big cattle companies, financially strapped by poor prices and bad weather, laid off many cowboys. In tough economic times, most companies had need for labor only during round-ups.

      Many of the former cowboys who, prior to 1887 worked year-round with the big open-range cattle companies, resorted to homesteading, often on land that previously had been part of the open range.

      Big operators suspected many of their former cowboys of rustling in order to gain breeding stock for their new homesteaded ranches.  Consequently, the association developed a “blacklist” of cowboys who were barred from working round-ups. Many of the cowboys-turned-small-ranchers needed the boost from money earned working the round-ups and it posed hardships to be denied the opportunity to work them.

      Big operators, particularly those in the Powder River Basin country, complained that rustling had increased over the years and, now, juries “won’t convict a rustler in Johnson County.”

 

The lynchings on the Sweetwater River, July 1889

 

      Meanwhile, south of Johnson County in what is now Natrona County, Albert Bothwell and neighbors resented homestead entries made on previously open range by two homesteaders, Ella Watson and James Averill who filed on separate places in what had been excellent pastures along the Sweetwater River.

      Averill wrote letters to the local newspapers critical of large ranchers

      Rumors circulated that Ella Watson had gained her stock through immoral activities.

      Bothwell and friends paid Watson a visit, “invited” her onto a wagon, drove to Averill’s homestead and “invited” him along, too.

      An eyewitness followed the caravan and watched while the ranchers lynched both Watson and Averill from scrub pine growing along the banks of the Sweetwater River. 

 

While the eyewitness complained to local authorities at Casper who had the men arrested by sheriff’s officers in Rawlins, the Cheyenne newspapers were sympathetic to Bothwell and friends.

      The ranchers and their allies charged that the lynchings were deserved because both people were nothing more than “rustlers.”

      Cheyenne papers gave Watson the nickname “Cattle Kate”

      Carbon County officials arrested the ranchers indicted them for the crime, but not one was convicted.

Statehood

      Two weeks before the lynchings, 55 delegates were elected to Constitutional Convention

      Convention met in Cheyenne in Sept. 1889

      Delegates included W. C. Irvine, Charles Burritt, Hubert Teschemacher who later participated in the Johnson County Invasion--Irvine and Teschemacher as "invaders" and Burritt, the mayor of Buffalo, as a sympathizer of the "invaders.".

      Constitution, adopted in November 1889, including a provision making it illegal to bring “private armies” into the state.

 

Big Operators Plan an "Invasion" of Johnson County

Small cattle operators throughout the state deeply resented the continued power in the hands of the owners of the large cattle ranches.  Consequently, many tried other strategies to counter the association’s huge influence over the economic livelihoods.

 

A group of small ranchers organized in Johnson County. The association, the “Northern Wyoming Farmers and Stock Growers Association,” announced an independent roundup for May 1, 1891 - one month before the official WSGA state roundup. Nate Champion, former foreman for a large open-range cattle company during the “boom years,” helped organize the association of small ranchers in Johnson County as a means of competing against the big operators.  He had become a small rancher when he was laid off by the big company when the company’s economic fortunes took a turn downward. Soon after, Champion survived a brush with assassins.  Big operators started referring to Champion’s group as the “red sash gang,” implying that they were merely a gang of rustlers and not a legitimate association of small ranchers.

             

Owners of the big cattle operations and association members were outraged over the independent roundup, believing it was a direct challenge to their power. This event would finally trigger the invasion of Johnson County by representatives of the association and the big cattle companies in April 1892.

 

The 20th Annual WSGA Meeting in Cheyenne on April 4, 1892, had record-breaking attendance after many years of decline due to price drops in cattle and poor range conditions. The association commended the livestock commissioners for withholding proceeds from the sale of “stolen cattle” until ownership of the cattle could be proven. This adversely affected small operators who were not association members and who had brands that the association did not recognize as legitimate. 

 

Curiously, there is no record of the executive committee meeting.  What happened in that session was top secret. Apparently, there were discussions about invading Johnson County to counter what was perceived as direct threats to their power and a decision was made to take action immediately.

 

Prior to the 1892 meetings, the association had hired a number of stock detectives to enforce the regulations. One such employee was the former Johnson County sheriff Frank Canton.  Canton was alleged to have been an escapee from a Texas prison prior to coming to Johnson County in the middle 1880s. Later, after he served two terms as sheriff and went to work for the association, Canton was suspected but not charged in the ambush deaths of John Tisdale and “Ranger” Jones, both small ranchers near Buffalo. While he avoided prosecution in both cases, Canton assured employers he was trying to “eliminate” the “rustler problem” in Johnson County. He provided few details, but in April 1892, he and an association member with military experience, “Major” Frank Walcott, were to lead the “invasion” force to Johnson County.

 

The expedition was organized during the fall and winter of 1891. During that time,  22 gunmen were hired to come to Wyoming—21 from Texas and one from Idaho.

Secret plans were made for “invasion” of  Johnson County to deal with rustlers and “arrest” officials sympathetic to rustlers. Soon after the association’s meeting in April, 1892, a party of 52 met in Cheyenne who would be accompanying the “invasion force” north. They included:

                        i. 19 cattlemen

                        ii. 22 hired gunmen (all but one from Texas)

                        iii. 5 stock detectives, including Frank Canton

                        iv. 6 “non-combatants” including Sam Clover, a news reporter from Chicago; Ed Toews, a reporter from Cheyenne; and medical doctor Charles Penrose.

The planners tried to keep the entire expedition secret. They quietly loaded railway cars with supplies and horses while trying to keep word of the secret army from reaching Buffalo/Johnson County residents. The train departed Cheyenne on Colorado & Southern tracks bound for Casper where the invasion force unloaded the freight cars and quietly moved toward Johnson County with horses and wagons.  Telegraph lines to Buffalo were cut in order that residents there would have no idea of the impending invasion.

For the details of the story, read Helena Huntington Smith's book very carefully.

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