Evening star., 1897-08-05
RIGHTS OF CITIZENS
Gov. Atkinson Writes to Labor Lead
ers, Explaining His Position.
The POWER OF INJUNCTION
Says It is a Novel Question, Affect
ing Many Citizens.
FREE SPEECH NOT ABRIDGED

Governor Atkinson of West Virginia has
written the following letter to .Messrs.
Gompers, Sovereign and 'Ratchford, ex-
planning his attitude with respect to the
rights of labor organizations in West Vlr-
fyinia:
STATE OF WEST VIRGINIA,
"EXECUTIvE CHAMBER,
CHARLESTON. August 3, 1897.
"Messrs. Gompers, Sovereign and Ratch-
ford, Committee ETC.:
"Gentlemen-Referring to your visit to
me several days ago, in which there was
friendly discussion between us of certain
phases of the labor troubles in this state,
and especially of the strike of the coal
miners. and to your several kilograms re-
Gently received, and referring also especial
ly TO your desire that l should take steps
to secure to you and the workingmen of
the state the right and privilege of hold
ing public meetings for the discussion of
matters concerning the welfare of the said
mlners, beg to say to you that 1 have
given the matter most earnest considera-
tion.
In this controversy there are to be con-
sacred both the rights of property and
the rights Of the citizens In our talk YOU
spoke of a certain injunction that had peen
Issued by the circuit court of Marion
county against you and others according
10 10 the terms of which. as you understood
them, you were prohibited from holdins,
public meetings for the purpose of discuss
ing the benefits of the organization of the
cCal miners Of The Fairmont region 1
understand that this injunction has not
been served .Ipon you, and that YOU have
not been called upon to make any answer
thereto.
Promises Early Adjudication.
"The circuit court of Marion county be-
longs to the judicial department of the
state government, which is q separate and
independent department from the execu-
tive, and 1t would be obviously improper
1or me to express my opinion as to whether
sald injunction was properly or imprOp-
erly issued. or whether it is too sweepin;,
IN lts charac-er, or too comprehensive in
its scope, and especially as the matter has
lot yet been determined by the supreme
court OF this STATE, to which you can take
an appeal and IN which you can, 1 have
no doubt have fair and proper hearing.
l have, however requested the Attorney
Genera. to appear in the matter and assist
In having an early adjudication by the
supreme court of the state of this injunc-
ton proceeding. l have done this because
the injunction presents somewhat novel
questions, and 1 believe it is the first of
the kind to be issued in this state, and be-
CO use 1t affects the rights of a large num-
ber Of the citizens of West Virginia
Will Sustain Freedom of Speech.
THE bill Of rights of the constitution Of
this state guarantees to the people thereof
The right to assemble in q peaceable man
ner, to consult for the common good, to in
struct their representatives, or to apply
for redress of grievances and it also pro-
v:des that mo 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
lights. as long as l am governor, shall be
observed to the people of the state if in my
power SO to do.
1T is the right and the duty of the legis-
iature to- enact laws; of the courts to con-
strue them and of the executive to enforce
them. No one of these departments should
interfere with or usurp the functions or
prerogatives Of the others. 1 will say,
however. that 1 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 allowed all of our people.
l have always maintained that both labor
and capital had the inherent right to
ganiza for the better protection of both of
their inter ests provided such organizations
are made and maintained within the restric
lions 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 themselves with or become
part of any organized oody of capitalists
or laborerS.
ut is also improper and unlawful for any
body of men, organized or unorganiZed, to
trespass upon the property premises of
a citizen; but 1t is my opinion that labor
organizers or capital organizers, or any
other organizers, for that matter, may
present their causes in a proper manner,
in public places, to the people, and induce
them by moral suasion to connect them
selves with any organization which Is IN
itself not unlawful in its aims and pur-
poses.
The Rights of n Citizen.
'In other words, I claim the right for
myself as a citizen of West Virginia to
discuss politics, religion, science, labor or
ganizations, or any other subject I may
choose to discuss, in public halls. or on
public highways, provided always that I
Ccnfine myself to the requirements of the
law which inhibits me from trespassing
upon the property and vested rights Of
other citizens. l mean to say that the bill
of rights of our constitution allows me
these privileges, and that no court can i'm
pair these rights, If 1 confine myself to
to riotous conduct or other unlawful acts
so long as the working men of this
state conduct their cause in a lawful and
peaceful manner it will be my duty, as
1T VIII be my pleasure, to protect them:
but If they should in an ill-advised hour
violate the law by interfering with the
rights or property of others, 1t will be my
sworn duty to repress energetically and
sleediiy 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,
(signeD G. w. ATKINSON,
Governor"