The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-05
TAKEN INTO COURT.
FranA-u Miners Case to Be
Tried in Equity.
LEGAL PHASES or THE TROUBLE
An Attempt to Have Guards Removed
and Negroes Disarmed-white
Miners offered q Contract.

A suit in equity, growing out Of the
labor troubles at the Franklin mines, was
brought yesterday in the superior court OF
King county, with the object of securing
mandatory injunction TO disarm the body
OF armed men who are guarding the union
miners. The plaintiffs in the suit are
Thomas Tonkins and Mary Tonkins, his
wife. William Harris and Jane Harris,
his wife; Ben Mees and Sarah Mees, his
wife; Samuel Price and Jane Price, his
wife, and the Western Central Labor
Union, acting in behalf of the other
plaintiffs The defendants are the Oregon
improvement Company, NJ. g. Sullivan,
John Doe Foley, Richard Roe Hubbard,
John Doe, Richard Roe, Ben Snipes and
Richard Stiles. The plaintiffs, with the
exception of the Western Central Labor
Union, are union miners and their wives.
OF the defendants Sullivan is in command
of the guards at Franklin and the other
individuals, to some of whom are applied
the fictitious names of John Doe and
Richard Roe, furnished by the old English
law, are part of the men serving under
him.
The complaint sets forth that the plain
tiffs, among many others, entered into
contract with the Oregon improvement
Company to mine coal in the mines at
Franklin for the consideration of So day
to each man. The company, as further
consideration, offered them peaceful and
comfortable homes on the company's
lands, for which they paid certain sum
per month. In view of these agreements
they have been peacably living on these
premises for long time past, and pursu-
ing their vocation without any violation of
the law or any other improper conduct. 1t
is also set out that the agents of the Ore
gon improvement Company, headed by
Sullivan, surrounded their homes with an
armed body of men, who have since kept
constant watch on them. An armed guard
continually patrols the premises, and none
of those under surveillance are al
lowed to come and go without
giving countersign and being submitted
to close examination and to being
watched. In event of their being unable
10 give the countersign they are deprived
of their liberty and imprisoned at the will
of their captors.
1t is further charged that the guards
have terrorized the women and children
by discharging firearms and by threats and
violence, and that the women are openly
menaced and insulted. The frequent and
reckless discharge of firearms greatly inn
perils the lives of those who are kept I'M
der this treatment.
The men are said not even to be allowed
to receive their mail from the postoffice,
and are not permitted communication
with friend or fellow workman without
being watched, and if their language is not
in conformity with the views of the guards
they are forced to their houses at the point
Of weapons.
The complaints further charge that the
guards are erecting sheds and walls about
their houses for the purpose of shutting off
the light and air and of making their sur
roundIngs so disagreeable that they will be
compelled to abandon their contracts and
give up the grounds to the Oregon I'm
provement Company. Sullivan's men are
alleged to go still further and to bring
into the neighborhood and keep dissolute
women in houses close by those of the
miners.
1t is pleaded that there is no remedy at
law which will be immediate and adequate
for the great wrongs suffered by the plain
tiffs, and that their only relief can be had
in an order of the court, commanding the
disarming of the armed agents of the Ore
gon Improvement Company and the abate-
ment of the bad treatment to which they
have subjected the miners. A suit at law
for damages could not afford the protection
they ask, since it cannot be brought until
after the commission of wrong, and that
this method will only encourage a multi
plicity of suits.
The prayer of the plaintiffs is that the
court issue writ of mandatory injunc-
ton, compelling the defendants and their
agents to Immediately disarm themselves
and to desist from further harrassing the
plaintiffs, and upon their violation of the
order, to have them arrested and punished
by imprisonment. Several copies of the
PosT-INTELLGENcER, containing full &C
counts of the trouble between the miners
and the guards, are filed as exhibits
Great interest is added to the suit from
the fact that is believed to be the first in
stance in the United States where an action
has been brought before court of equity
for mandatory injunction to disarm an
armed body of men. The attorneys for
| the plaintiffs are the firm of Stratton,
| Lewis & Gilman.