The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-12
JUDGE BEATTY's DECISION.
His Ruling in the IBJun ction Suit A & ainst
the Miners Union.

the Miners Union.
BOISE CITY, Idaho, July 1.-THE opinion
OF Judge Beatty of the United States Dis
trict Court in the Injunction case against
the Miners Union Of Ceur d'Alenes was
filed to-day.
The Judge reviews the clse at great
length, reciting the granting of the tempor-
sry injunction on the prayer of the mine
owners restraining the miners from inter-
fering with the properties.
After reeitng the leading features of
the case. the acts Of violence alleged on the
part Of the men. the inquiry on the part'of
the GaverDor and the proclamation of
the latter, which IS part of the rec
ord. warning the inhabitants of Sho-
Shone County, the Court says: After
a most careful examination the conclusion
that the foregoing is correct statement OF
the facts cannot be avoided. wrong ex-
lists; rights have been infringed on. Un-
offending citizens have been matreated.
The law has been overrdden. May the
courts be successfully invoked for restrain
ing relief.
That the national court has original
jurisdiction in actions of this class cannot
be questioned, but the important question
is whether court of chaucery can eXer-
else its power To restrain further commits
sions Of the acts herein complained Of
The uDrestrained execution of the de-
signs which, it would seem from the record
in this case. the defendants entertain,
would result unfortunately. To carry TO
their logical conclusion the owner Of
the property would lose its con-
troll AID management 1t would be
worked by such LAHORE rs during such hours
at such wages and under such regulations
as the laborers themselves might direct.
Under such rule its possess sion would be-
cnme 0uerous. The enterprise OF employ
ing labor would cease, and instead of actjy-
ifr nd f,f5 al
follow.
Whatever enthusiasts may hope for In
this country every owner # property may
work il as lie will. Associations of labor
Irg men into organizations for social en-
lOyment, mental nprnvement, for protection
OF their interests and amel0TatiOn Of their
condition Is not condemned either by the
people or the law. On the contrary, it is their
right to do so and they have the sympathy
of all classes in their efforts 30 advance Their
interests by lawful means.
The court then refers to conflicts that
often arise. and says: ut is when these
Conflicts become so heated that violation
OF law, the peace of the commu-
nifty and the destruction of life
and property are threatened that the courts
are compelled to interfere. Undesirable as
1t is II is its duty, and tie court which
avoids it when presented would deserve
only contempt"
The courI quotes great many authorities
ana holds effect that the acts com plain ed
OF, though not necessarily criminal,
| are oil such character as to
be unlawful, and that they should be re-
| strained provisional Injunction is the re-
fore granted pending the final hearing of
| the case.
Judge Beatty takes occasion to explain
that his original temporary restraining order
was not intended TO apply to any news
| paper. This explanation was rend cred
| necessary by the fact that one or mare
newspapers in the Cpnr d'Alenes alleged
that they had been officially served with
copies OF the injunction.