Mr. Olney to Baron Fava.

No. 44.]

Excellency: Referring to your interview with the Acting Secretary of State on the 6th instant, relative to the delay in investigating the killing near Walsenburg, Colo., in March last, of three miners of Italian origin, I have the honor to say that I am in receipt of a letter from the governor of that State announcing that he would shortly have a consultation with the judge and district attorney of the district in which Huerfano County is situated, and would then advise the Department.

The governor points out that it is difficult for one accustomed to proceedings in thickly settled communities to understand apparent delays in sparsely settled regions. The district concerned embraces a large number of counties, in which the terms of court are by law held at certain stated periods, generally with not more than two terms a year, frequently with only one. The same judge presides in all the courts of these different counties, and it is impossible, until the regular terms of court are at an end for the season and an interval can be found, to have investigated by the district attorney or the grand jury matters in counties in which the term of court for that season has been before held. There has been no term of court in Huerfano County since the killing of the miners.

Accept, etc.,

Richard Olney.