Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1897-05-27
POCAHONTAS EXCITED.
The Browning Coal Controversy Takes a
New Shape.
TRACK TORN UP
Followed by Warrants and Arrests
Rules for Contempt Against Various
Persons Ordered by Judge Jackson.

| !.
Improvement Company, by reason of the
company making efforts to tear down the
tipple at the mines of Col. Browning.
An Injunction was obtained by Col. Brown
ing and lat the last term Of the circuit court
motion was made before Judge Jackson
to dissolve the injunction, The judge re-
fused to dissolve and continued the case to
be heard upon its merits.
In his bill filed in the INDUCTION pro-
ceeding Col. Browning alleged that the
track leading to his tipple was not upon
the land of the Southwest Va. Imp. Co.,
but upon the lands of the Flat Top Coal
Land Association. 1t seems that the
Association did not think that it was bound
by the injunction, SO, on the night of the
2Oth or the morning of the 2lst inst, q
force of hands under the direction of the
Flat Top Coal Land Association, as we are
informed tore up part of the railroad track
which leads to the Browning mines and
notices were posted stating that the land
belonged to the Flat Top Coal Land Asso.,
warning trespassers &c. A house was also
speedily erected across section of road
where the track was torn up. Col. Brown
ing went Immediately to Graham or Blue
field to consult with counsel, and in his alb.
sence force of men tore away a portion
of the track that leads up to the tipple.
Col. Browning claims and asserts that
Mr.. Logan Bullitt, president of the South
west Va. Imp. Co and Mr. Paddock were
present, as was Mr.. Lang, manager Of the
Southwest Va. Imp. Co. Col. Browning
being away Mrs Browning swore out war
rants against Messrs Bullitt, Paddock,
Lang, Chris Hal!er and others. Trey were
arrested and taken before Police Justice
Tate, who recognized them to appear before
him for trial on Monday, the Oath inst.
Mr.. Bullitt demanded that he be tried at
once, but the justice declined, as Col.
Browning had gone to see Judge Jackson
to get rule for contempt for what he
claimed was violation of the injunction.
1t is claimed by the Browning's that tie
injunction has been violated, and for that
reason they applied for arule for contempt.
The trial of Mr. Bulitt was fixed for the
1st of June. Messrs Chapman & Gillespie
were telegraphed for by COL Browning and
went Immediately to Pocahontas. They
were engaged to prosecute the offending
parties. Col A. J. May was there to repre-
sent the two companies and defend the
persons arrested.
On the 22d ON motion Of Jas. S. Browning
the following order was made by Judge
jackson: This day came the complain
ant, Jas. S. Browning, by his attorneys,
before the undersigned, K. G. Jackson,
Judge of said court, and fled four several
alfidavits, duly taken and certified of Ollie
H. Browning, Jas. S. Browning, Jas. Y.
Crawford and G.. T. Deaton, as foundation
for rule against the said Southwest Viz
ginia Improvement Company and Others,
as set forth in said afIidalits for alleged
contempt of this court in violating the in
junction heretofore awarded and perfected
in this case, in the manner and form, and
to the extent stated in said affidavits;
which said several affidavits are ordered to
be filed as a part of the record of this case
and of this proceeding, whereupon it ap-
pearing to this court proper SO to do, it is
ordered that rule do issue against the
Southwest Virginia Improvement Com
pany, Logan NJ, Bullitt, VIM. Lang, -
Little, designated in said afiidavits as head
carpenter for the Southwest Virginia I'm
provement Company, Christopher Haller,
Moses Baldwin, Thomas Phetts, Allen
Brown, - Burnett, acting in the capa-
city of detective, j. D. Williams, -
Pauley, laborer, and 7. L. Paddock, re-
turnable before the judge of the circuit
court of Tazewell County, Va, on Thurs
day, the 9th day of May, 1897, at the
court house of Giles County, Va, to show
cause if they and each of them can, why
they and each of them should not
be fined attached and otherwise dealt
with for the alleged contempt Of this court
bv them and each of them in violating the
Injunction order of this court in this case in
the manner and 10 the extent set forth in
said afiidavlts SO filed with the record as
above stated, service of copy OF this Or
der to be sufficient service Of this rule"
On Monday when the parties who had
been arrested on warrants came before the
police Justice at Pocahontas, on motion
of Col. Browning, by counsel, the warrants
were dismissed as to all the parties except
Mr.. Bullitt. 1t was determined that all
matters in controversy should be heard
when the parties go before Judge jackson
at Giles Courthouse today to answer the
rule for contempt.
The Southwest Virginia Improvement
Company denies with great emphasis
that it or its agents or employees in any way
participated in the work Of tearing up the
tracks or otler acts complained Of, that are
made basis fof the rule for contempt.
We are informed that the Flat Top Coal
Land Association will assume the entire
responsibility, and will contend that it was
in no way affected by the restraining order
granted by Judge Jackson in the injunction
proceeding of Browning VS. The Southwest
Va. Imp. Co.
All the facts will be brought out before
Judge Jackson on hearing of the rule fol
contempt.