Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1892-08-15

| references with this company in rum
ming their mine and mill, and from
inssssesinx in any manner with their
employees, by force, threats Of violence
or other wise. An affidavit was made
by the district attorney in which these
defendants are charged with violating
this order and attachments were made
out against them. There are NUM-
Der Of legal propositions to which l
will first direct attention
"Thc first 10 that some OF the de-
PENDANTS are not parties to the original
action, and hence that this court has
no jurisdiction - to them.
''lf that 10 the law, in cases like this,
It would be almost impossible to en-
force the order of tho court. cam
not conceive that this 10 tho Law, and
I think the theory OF the counsel 10
based on . wrong idea, viz that an
Injunction is issued and directed to.
wards certain persons, whereas the
object of such an order Is TO protect . |
right. If tho order reached only those
enjoined It would be an easy matter in
this case to bring in men from Mon.
tana to violate the law. Az touching
this point observe in tho FIRST place
that the original action after giving
names alleges that there are other
parties who are connected with this
matter, and that - fast - they be-
come known they become parties.
Secondly, the order in this case goes
not only against the defendants
named, but goes to their agents, their
. servants aud all who aid or abet them
, in any way. II any are found Co.
J operating With them they are subject
to this order.
"As to the question of citizenship,
: Judge Beatty said, It cuts no figure
~ in this case. In criminal action the
, law 10 that the matter OF citizenship
10 not an item to be considered, and
contempt proceedings are of the
nature of q criminal action. The
question of citizenship cannot be
raised here. 1t could have been raised
in a civil action.
Az to tho matter of service OF notice
on defendants, the court held tina,
there were numerous decisions tha
service was not necessary.
There 10 another proposition tina
eliminates all minor points raised b.
counsel for tho defense. 1t is this
II . person attempts to do an unlaw
full act, and in attempting to do 81
docs another unlawful act, he is re
sponsible for that act.
In this case parties associated will
these defendants were found OH III
hills surrounding the property OF thi
company on the ll,h of july; the,
were there in large numbers; the
were there armed. As a result o
= their presence there men were killet
and property was destroyed. The!
were there for an unlawful purpose
they were engaged in unlawful acts
and hence ali discussion is cut off q
to their guilt.
D" The counsel for the prosecution ha
I'm held that this IL q conspiracy and tina
each individual M mber Of the miner,
~ union is responsible for the individus
'ot acts OF every other member. l ADM
TO-. that strict application OF the princi
plies of law would SO hold, but AZ
not disposed to press this point quit
so far. nor am disposed to punish q
the members OF the miners union.
-, prefer to direct my attention to thos
:, acts performed BY these men rs ind
nc vidusls. 1t il not necessary to sho'
that these men committed overt act
- such as shooting, etc their presenc
there is sufficient. As to the facts,
"a. has been made very clear to my min
that whatever the mi,.ers' union vi
III organized for, if they have not ha
another object, they have carried on
rk- another plan.
They attempted to prevent otht
ed, men not me- mbers OF the union fro1
working. That is one Of the
". objects and Trey triel to carry
out. They have q practice Of heal
'g> ing insulting -pithets upon non>unio
re. men. This is very Tepulsi,e to m
NC mind. sec no season why any ma
who wants TO 60 to work to earn a
da. honest living should not he permitte
tie. to do 80. The heaping OF the Vi
epithets upon these men has dor
much to create riot and disturbanc
The miners in that particular ha,
Rs. done wrong. The testimony shov
beyond question that on Sunday mig
and of July 10th unusual preparation
~h, were made for conflict. Arms
men came into Gem from Burke Ar
a., else where. Some of the defendan
'ee had sail. "The fun is about to cor
the mence," while others took their far
He lilies to places of safety as il aware
impending trouble. On Monds
i'm morning about daybreak, men We
w." placed on the hills around the cor
md pany property and the fighting cor
mi. '''. ~,