The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-08-05
And the Right of Public Assem-
bly, Says Gov. Atkinson
Should in No Wise Be Abridged
or Denied.
REPLIES TO STRIKERS
Regarding the Injunction Is
sued by the Court
FOrbidding an Assemblage O
Strikers at the Mines.

Washington, August 5-Governor At
kinson of West Virginia has written the
following reply to the labor leaders who
recently conferred with him regarding
the miners strike:
Charleston, Aug. 8, 1897.
Messrs Gompers, Sovereign, and Ratch-
ford, Committee, etc.
Gentlemen-Referring to your visit to
me several days ago, in which there
was a friendly discussion between US of
certain passages of the labor troubles
in this state and especially of the strike
of the coal miners and to your several
kilograms recently received and referr-
ing also especially to your desire that
should take steps to secure to you and
the workingmen of the state the right
and privilege of holding public meet
ings for the discussion of matters con-
cerning the welfare of the strikers, I
beg to say to you that have given the
matter most earnest consideration
In this controversy there are to be
considered both the rights of property
and the rights of the citizens. In our
talk you spoke of a certain injunction
that has been issued by the circuit
court of Marion county against you and
others according to the terms of which,
as you understand them, you were pro-
hibited from holding public meetings
for the purpose of discussing the ben
efitS of the organization of the coal
miners of the Fairmount region. 1
understand that this injunction has not
been served upon you and that you
have not been called upon to make any
answer thereto.
The circuit court of Marion county
belongs to the judicial department of
the state government which is a sepa-
rate and independent department from
the executive and it would be obviously
improper for me to express my opinion
as to whether said injunction was prop
erly or improperly issued, or whether it
is too sweeping in it's character, too
comprehensive in it's scope; and eSpee-
tally as the matter has not yet been de-
term1ned by the supreme court of this
state to which you can take an appeal
and in which you can, / have no doubt
have a fair and proper hearing. have
however, requested the attorney gem
eral to appear in the matter and assist
IN having an early adjudication by the
supreme court of the state, of this in
junction proceeding. 1 have done this
because the injunction presents some
what novel questions and l believe it
is the first of its kind to be issued in
this state and because it affects the
rights of a large number of citizens of
West Virginia.
The bill of rights or constitution of
this state guarantees to the people
thereof, the right to assemble in a
peaceable manner to consult for the
common good, to instruct their repre-
SentatfVeS, or to apply for redress of
grievances and it also provides that
no law abridging freedom of speech or
of the press shall be passed.
These are rights which have come down
to us from the days of Magma Charta
which rights, as long as am governor
shall be observed to the people of the
state, if in my power to do So 1t is The
right and duty of the Iegislat ture TO en-
act laws; of courts to construe, and of
the executive to enforce them. No one
of these departments should interfere
with or usurp the functions or preroga-
tlVeS of the others.
I will say, however. that I now hold,
and have always held, that the right of
free speech and of public assembly
should in no wise be abridged and that
the widest possible liberty should be al
lowed all of your people. I have al
ways maintained that both labor and
capital had the inherent right to or
ganize for the better protection of both
of their interests, provided such organ
izations are made and maintained with
in the restrictions of the statutes of our
state. 1t is improper and unlawful to
use threats, force or intimidation of any
sort to induce men to connect them
selves with or become part of any or
ganized body of capitalists or labor
ers. 1t is also unlawful for any body
of men, organized or unOrganized, to
treSpaSS upon the property or premises
of a citizen, but it is my opinion that
labor organizers, or capital orga nizers,
or any other organizers, for that mat
ter, may present their causes in
proper manner in public places, to the
people and induce them, by moral sua-
sion, to connect themselves with any
organization which is in itself not un-
lawful in its aims and purposes
In other words, I claim the right for
myself as a citizen of West Virginia
to discuss politics, religions, science la
Dor organization or any other subject L
may choose to discuss, in public halls
or public highways, provided always
that I confne myself to the require
ments of the law which inhibits me
from trespassing upon the property
and vested rights of other citizens T
mean to say that the bill of rights of
our constitution allows me these priv
ilegeS and that no court can impair
these rights if I confine myself to NOR
al suasions and do not incite the peo-
pie to riotous conduct or other unlaw-
full acts.
So long as the working men of this
state conduct their cause in a lawful
and peaceful manner it will be my du-
ty as it will be my pleasure to protect
them; but if they should, in an ill-ad-
vised hour, evoke the law by interfer-
ing with the rights or property of
others, it will be my sworn duty to re-
press energetically and speedily all
lawleSSneSS and to see that the public
peace is maintained at all hazards and
that the property of our people is pro-
tected; for we must all, whether rich
or poor, employer or employe, high or
low, respect and obey the law Very
respectfully yours,
GEO. w. ATKINSON,