The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-07-31

suffer greatly from various caused
not wen defined by the speak
ers, but that their sufferings
viii result from various caus-
es and that the employees win be the vic-
tins OF some mysterious or underlined
calamity or curse, all OF which is de-
pic,ed by the said speakers in equivocal
and ingenious language, purposely made
so by them that they may in working
upon the minds OF the said employees In.
timidate and coerce them into aiding
the defendants In their unlawful pur-
pose OF injurlng the plalntin and closing
the plaintiffs mines. and to cause the
PLAINTIFFS employees to quit work and as
a result close the plaintiffs minesi that
some OF the defendants very frequently
within the last few days have marched
from mine TO mine and along, by and
near 10 the plaintiffs mines and the res
idence of plaintiffs employees, carrying
at their head banners on which are writ
ten various devices and notices, the OBJ
ject, purpose and effect OF all OF which
is TO lntimidate the employees OF The
plalntlff from further engaging In work
in the plaintiffs mines; that very fire.
quently they keep up their marching foT
a greatr part OF the night, camp out
and visit from house TO house OF the ems
ployes OF the plaintiff. That recently a
number OF the defendants marched te
the plaintiffs mine known as the Shaft,
In large bodies, remained all night and
early In the morning assembled In the
paths, approaches and roads leading Ia
the said mine and along which the ems
ployes working at said mines would ap-
proach the said mine for the purpose OF
entering therein and pursuing their em-
ployment, the defendants endeavored to
Induce them 10 quit work and by reason
OF the large number OF the defendants
their associates and confederates and by
means of threatening language and
menaces sought TO intimidate the en-
ployea OF plaintiff from proceeding In
said mines, and did intimldate large
number OF them and kept them from
working in said mines.
Many Empioycs Not In Favor OF Strike.
Plaintiff alleges that for many months
prior hereto II has employed from 800 to
900 men; that 1t now has in its employ
from 500 to GOO men. all OF whom have
been laborlng In and about said mines;
that It's employees are principally resi-
are married and have families depend
ent upon them for support; that many ol
said employees depend upon their daily
earnings in and about said mines fol
support OF their families; that the said
employees now at work for the plaintifI
In and about said coal mines desire "a
continue In the employment OF the plain.
tiff and do not desire to Join the said
N,nV ha Iafa nj q NNsi n n
them In their purpose OF preventing the
plaintiff from operating the mines.
The plaintiff distinctly AYERS that the
defendants, by continually pursuing
their unlawful purposes, by making use
OF threats, menaces and intimidation, by
visiting the said persons who are In the
employ OF the plaintiff, by holding meet
lngs where large numbers of the said de-
PENDANTS and their associates congre'
gate and mako speeches OF an incen'
diary, exciting and iniiamatory char.
acter and by many divers means USED
and resorted to by them, are continuing
their threats to effect the complete .Rtqp;
page OF plaintiffs business. by trylne
and attempting by all OF the unlawfu
means to coerce the employees OF the
said plaintiff In It's actual employ IRON
further engaging In It's employment, anC
that the defendants by so constantly
and persIstently pursuing said acts have
tcrrorized and lntimidated many OF the
plaintiffs employees who are now In its
actual employment. and that II the de-
fendants are not restrained from fur
ther pursuing their unlawful purposes
will Induce many II not all of the en-
ployes OF this plalntiff from further
working in and about said mines, and
will thereby cause said mines TO be
closed down and work stopped, and VIII
prevent the plnlntiff from further prose.
cutting Its work about said mines and
from fulfilling its contracts which j
has already obligated itself to fulhll
and will prevent II from supplying the
markets and holding its customers, and
II they are not restrained from further
pursuing the unlawful purpose they VIII
cause irreparnble damage TO the plalnt'
iff and irreparable and incalculable loss
and damage.
And the plaintiff further AYERS that
by reason Of the premises II cannot now
successfully prosecute Its business and
that II IL without remedy at law and
can only be protected and relieved IN
court OF equity.
These are the principal allegations oil
the bill. For the purposes OF THIS mo-
ton the allegations Of the bill must be
considered as true, and It only remains
for the court TO determine whether OF
not II the allegations OF the bill are true
the plaintiff is entitled to the relief
sought
Opinion Of the Court.
The Injunction will be refused unless
the court is satisfied from the allegn-
tions Of the plaintiffs bill that tho
property or business OF the plaintiff is
about 10 be destroyed. irreparably In.
Iurcd, or great and lasting Injury Will
| be done by the wrongful and illegal actt
| OF the DEFENDANTS. II such be the fact
II Is the duty of the court TO administer
the only remedy which the law allows
TO prevent the commission of such acts
II is well settled by authorities and can.
| not be doubted upon principle that n
court OF equity should not hesitate to
| use this power when the circumstances
OF the particular case require II TO bd
done In order 20 protect the rights and
| property OF q citizen against irrcpara'
bic damage by the wrong-doer. II must
be borne In mind that stopping n per-
sons business or preventing laborct
from WORKING IS an injury. A eomblHa-
lion OF men whose avowcd and profess.
ed object is to injurc and destroy tho
property or business Of another and Wild
do anything In pursuance Of that oh.
lcct, and more especially II they sue
coed 10 any extent In accomplishing
their purposes, and declare their inten.
| tIon 10 continue, should bc restrained
and prevented by some means from nc'
complIshlng these purposes. II IL MS
angwcr to say that these Illegal and
unlawful acts, II accomplished, subject
The perpetrators TO criminal prosecution
or subject the wrong dOcra TO nctlons
| for damages II the acts threatened In
~, t.'...r,.I It, tt,Itry tn an. 1puirur.