The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-08-23

Ju Ige COTS Decision.
Judge COTS decision in the case of the
striking miners who were arrested in the
Falrmont region for violation Of Judge
Jackson's Injunction and restraining or
der, should he carefully read by every
one. 1t so clearly defines the scope and
meaning of the injunction. and In plain
language which may be understood by
the most ignorant man, that 1t is bound
10 have good effect,
Judge Con- makes clear what the In
telllgencer. and other papers that were
not affected by the demagoglc miscon-
structions placed on the injunction pro-
ceedings contended all along-that the
right of free speech was not interfered
with. and could not be; that there was
no suppression. and could not be, OF pub
lie assemblagts; that miners had right
to march and to engage in peaceable
agitation Of strike. and that the pur-
pose of the injunction was not to restrain
any one of his rights under the law and
the constitution, Notwithstanding this
was the popular construction by people
who did not stop to think, and who were
mlsled by great deal of unnecessary
and uncalled for talk about government
by injunction"
Judge Goff plainly, in sustaining Judge
jackson upholds the right Of the people
a. assemble and discuss matters in which
they feel an interest, and says that this
right has had an exempllfication dur
ing the last month In this and adjoining
states, that has been pleasing to our cltl-
zenshp, and ms gratifying to all true
lovers of republican government as 1t
has been unwelcome to the agltator and
demagogue-whu 1t seems, delight In
drawing lurld pictures of the days yet to
come when liberty shall have persisted
from the earth and free speech shall be
but the dim remembrance OF dream
long past"
No Injunction has been aimed at these
rights and the whole intent and purpose
has been misunderstood, Debs being
mostly responsible for the wrong concep-
ton. he arguing that the injunction ruled
him of the earth and interfered with his
right OF speech and action. Judge Cons
decision is that the only effect Of this in
junction is to restrain men from the in
vaslon of or interference with the rights
OF others, who are equally entitled to the
protection OF the law. and It was only
when this Invasion or interference Is
made that the injunction can be served,
and II is only when It Is ignored or open
~ violated that the guilty parties can be
punished for contempt of court.
That Is all there is In the matter, 30 far
as the West Virginia injunctlons are con-
cerned, and there has been vast amount
of misrepresentation on the subject. For
many days the strikers had their camps
about the Montana mines. where a large
number of men we're at work; they held
their meetings and made their speeches.
There was no interference with them and
free speech and personal liberty were
just as free as they were before the In
junction was issued.
II was only when they repeatedly
marched UP and down the road leading
through the mine company's property,
and stationed themselves along the road
before the mines at intervals, at times
when the miners were going to work, and
In violation Of the rights Of the working
miners and their employers, that the In
junction was served These facts are all
clearly brought out by Judge Golf on the
evidence adduced at the trial.
The only thing the men were guilty of
was contempt OF the courts order not to
infringe On others rights while enjoying
to the fullest extent their own rights, and
the sentence given by Judge doff was
very light, because in all other respects
the strikers had conducted themselves
In most cOmmendable manner, No
threats had been INDUCED In and they
had been content to hold their meetings,
and, with the exception noted, TO remain
In their camps and use all legitimate
means to pursuadc the Montana men to
strike. The public generally Is grutIncd
that on this account Judge Con saw III
TO temper Justice with mercy