The record-union., 1897-08-30
RIGHTS OF STRIKERS.
Judge Goff's Decision in the Case
of the Miners.


The following language used by Judge
Goff on August Dist in rendering his
decision in the case of the miners ar
rested near Fairmont, w. Va, will be
read with deep interest at this time
The Judge said:
Matters referring to free speech,
natural rights and the liberty of the
citizen are not now involved in this
issue, nor are they in danger. The
simple question here is, Are these de-
PENDANTS in contempt of this court?"
"On the 10Th inst, this court granted
an injunction restraining the defen-
dants and all others from in any wise
interfering with the management, oper-
ating and conducting of the mines in
the bill mentioned, either by menaces
threats or any character of intimidation
used to prevent the employees of said
mines from going to or from the same,
or from engaging in their usual busi-
ness Of mining. All persons were re-
strained from entering upon the prop
erty of the Montana Coal and Coke
Company for the purpose of interfering
with the employees of said company
either by intimidation or the holding
upon said property, or in any way mo-
Testing, interfering with or intimidating
the employees of that company so as to
induce them to abandon their work in
the said mines.
RIGHTS OF THE STRIKERS.
THE strikers had the right to quit
work themselves and they had the
right to induce other miners, by peace
able means, by the persuasive force of
public or private argument exerted in
a lawful way, to also quit work and
join them, but it must be kept in mind
that the miner who still desired to work
had the same right as the miner to quit
work, and it should also be remembered
that the owners of the mines, individ-
uaI or company, had the right to oper-
ate the same, the right to employ the
labor of those willing to work, the
right to use the highway leading to the
mines for themselves and for their en-
ployes.
INTIMIDATED BY MARCHING.
THAT the marching did intimidate
quite a number of the miners is clear,
if the evidence offered is to be believed
and the Court finds 1t uncontradicted
ana 6nlllIeQ TO CTeQeuCe-
The marching men seemed to think
that they could go and come on and
over the country road as they pleased
because it was a public highway, but
this was a mistake. The miners work.
ing at Montana had the same right to
use the public road as the strikers had
and it was not open and free to their
use when it was occupied by over 200
men stationed along it at intervals of
three and five feet-men who, if not
open enemies, were not bosom friends.
That some miners passed through this
line is shown; that others feared to do
so is plain. That the marching col
umn intended to interfere with the
work at the mines it would be foolish
to deny.
JUSTICE TEMPERED WITH MERCY
"These defendants are all guilty Of
the contempt charged. What should
the punishment of the court be?
''They impress me as thoroughly hon
est in their claim that they had the
right to march and act as they did,
because they were on the public high
way. In my judgment they We're in
that particular mistaken, having been
badly advised, relative thereto, but
nevertheless, such belief honestly en-
tertained by them deprives their dis
obedience to the courts decree of ma
lice, takes the sting out of the con-
tempt found and suggests a punish
ment that will be as light as due re-
gard for the proprieties will admit of.
1.-The parties have already been in
custody for three days. Let them be
confined in the jail of Harrison County
w. Va, for the further period of three
days from this date, but let it not be
supposed that hereafter, now that at
tention has been called to the matter
and to the law, that other and further
infractions of the decree and orde~s of
this court will be SO lightly punished.
In this case, for the reasons men
toned, justice has been tempered with
mercy, but if, with the light of this in
vestfgation in their pathway. these de-
PENDANTS or others shall persist in dis
regarding the decree of this court, duly
entered in causes properly before it,
then let it be remembered that mercy
shown to contempt under such circum-
stances would be not only a crime, but
the death of Justice