The Labor enquirer., 1885-05-16
AN ATTORNEYS OPINION.
What He says 6f the imprisonment o
Innocent Men for "Contempt."

Editor Labor Enquirer.
The recent conviction of the Rio Grande
employees in Judge Hallett's court for alleged
contempt of court demands more than ordi-
nary attention.
Itappears that these men with others left
the employ of the company or receiver, and
that on the morning of the offense as an en-
CINE was coming out of the engine house In
lee Sheriff of Chaffee county, deputized as
U. S. marshal the engine was stopped by
number of the men, and one of the men said
to the engineer: Don't turn a Wheel" An
other said: "Be man among men,"
The deputy marshal then asked the engi-
neer if he was afraid to move his engine and
he said he was. Whereupon these men were
arrested and are now in jail.
1t would seem that the OftenSe was not com
pleted until. the deputy marshal asked the
engineer if he was afraid to move his engine
and he said he was.
It does not appear that the language used
or the acts, if any, accompanying that lam
guage amounted to ocontempt-but only when
added to the engineers answer to the mar
shal's question whether if he, the engineer,
was afraid.
A more orderly proceeding under the cir
cumstances could not we'll be imagined The
occurance took place 150 miles from the pres
ence of the court. The railroad is operated by
a receiver under the orders of the court
How far does the prerogatlVe OF the court
extend? How long since circuit judge OF
the U. s. has been authorized to run rail-
actions?
If such trivial acts are an offense against
the court deserving and receiving an igno-
minious punishment, 1t is certainly an eX-
ample of personal autocratic government,
paralleled only in the Empire Of Russia.
l am willing to admit that the rule which
the court lays down is a correct one. Threats,
or acts amounting to intimidation, against
the employees of the receiver made by those
who have left work. and who aim to stop the
operation of the road until their demands are
complied with, may be an ofense amounting
tocontempt, but am not ready to accept the
courts construction Of the acts and words
complained of as tantamount to intimlda-
ton.
The right of free speech cannot be circum-
scribed by circuit Judge of the .: s.
That right is too deeply imbedded in the in
stincts, education and habits and in the laws
of our country, TO be thus rudely spurned
and ignored. To say nothing of the transpar-
ent injustice of being tried for quasi offense
against property by the quasi owner OF that
property. 80
If counsel the employees of this receiver to
hold out, and If address arguments to those
still at work to "come OUT committing an Of
Wherein is my offense less than his who ad-
dresses arguments to the men in persona
We are threading dangerous web when
such a precedent is settled.
There is slavery and suffering enough from
the unscrupulous use of corporate power.
There is too prevalent feeling that the
people stand poor chance when their rights
conflict with aggregated capital
To sneak plainly the "deep damn alton" of
this offense is against all liberty and in def
ance of all law. If these men were guilty OF
breach of the peace, why were they not ar
rested and tried for that oftense, in the local
courts and by local officials?
What need to drag these men all the way
from Salida to Denver-to be tried for an i'm
aginary offense-not defined by any statute.
ever made in this country? Are the laws of
this state so defective and the administration
of law so inefficient that this railroad cannot
be protected without an appeal to that shad-
owy realm of law which governs the otfense
This whole proceeding is dastardly. have
not attempted to examine into the cause Of
the Rio Grande strike. l care not whether
iustifiable or not. Men may work or men
may play, fundamental rights are >unchang-
ed Men may reason with and try to per-
suade others. Men may belong 70 knights
of Labor or any other organlzatlon Wlthont
being guilty of crime: ,
One word more. The cause of these impris-
'oned men is your cause and mine, care not
against corporate and Judicial tyranny con-
solidated.
liberty of men should be rebuked by every,
one who knows what liberty mas COST, ana
how easy 1t may be lost.
FINALLY a word of "reminiscences. Less than
three years ago Judge Hallett rendered de-
cision in the New orleans cases, IN wnlcn Sd NJ ne
ouired the offending road to receive and
transfer to the New Orleans road, freight
without discrimination. The offending road
did not do it. Were 1t or Its oncers punlsneo
for contempt? sHa
1t makes difference whose OK is gored,
If a receivership under the order OF U. ).
Judge is such potential thing that u sus-
pends ali state laws then no man knows how
soon he NAV be dragged before this court for
some offense, trumped up by the receiver
and his counsel When once there God help
him, II the case of these men is precedent.