 It was said that a shadowy vigilante organization called the Committee of 40, which was composed of "known 'killers' and the 'best' citizens," was formed to uphold law and order.The miners were said to have formed a "Committee of Safety" in response, for they feared that the Committee of 40 planned acts of violence that could be blamed on the WFM, thus creating a pretext for the union's destruction.p.102-103 The National Guard stepped up its harassment, and began arresting children who chided the soldiers.p.103 On December 4, 1903, the governor proclaimed that Teller County was in a "state of insurrection and rebellion"p.103 and he declared martial law.p.212

Sherman Bell immediately announced that "the military will have sole charge of everything..." The governor seemed embarrassed at Bell's public interpretation of the decree and tried to soften the public perception.p.212 Bell was undeterred; within weeks, the National Guard suspended the Bill of Rights.Union leaders were arrested and either thrown in the bullpen, or banished.p.105-106 Prisoners who won habeas corpus cases were released in court and then immediately re-arrested.