The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1897-08-27

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THE marching men seemed to think
that they could 60 and come on and
over the country road as they pleased.
because It was a public highway. But
this was mistake. The miners work
ing Montana had the same right to
use the public road as the strikers had
and 1t was not open and free to their
use when it was occupied by over two
hundred men stationed along 1t at In
tervals of three and five feet; men
who, If moi. open enemies, were not
open friends. That the marching coll
umn intended to interfere with the
work at the mines would be foolish to
deny. A highway over which the
public at large has right Of passage
is road maintained by the public for
the general convenience. True. the
strikers had a right to march over 1t
as passengers just the same as other
citizens, but they had no right to
make It a parade ground or stop at
frequent intervals and by hours at a
time when other people had the same
right to its use were in the habit of
using 1t for the purposes connected
with their daily vocations. The mi
ners Of the Montana mines. as well as
the owners of that property, had the
same right to use the public road as
had the marching strikers
SIT seems to the court that men
whose work is interrupted and the
people whose property is damaged by
the improper use and occupation Of
the highway, are the people who have
the true grounds ofcomplaint, because
Of the improper use of what, in the
early books of the LAWS called Kings
highway
1.-THE building in which we are now
holding this court is located on the
corner of Third and Pike streets,
Clarksburg. All the citizens Of the
town can use those streets for pur-
poses connected with their business.
All persons properly deporting them
selves can pass along and upon them
for all proper business matters, due
regard being had for the public inter
est and safety. may parade with BAN
ners, flags and tbands of music, along
and over said streets at reasonable
times and reasonable hours, provided
the same does not prevent the reason
able and reasonable use of said streets
by others entitled to the same. If
such use should close the business
houses along said street by prevent
ing the employees from reaching them,
thenif such parades were not pre-
vented by the city authorities the
owners of properly SO affected would
be entitled to seek the aid of the
courts in protecting their rights. No
one person in the community has the
right to march along those streets
day after day, night after night, and
station themselves along at intervals
of three or five feet for hour after
hour, thereby preventing the owners
of property located thereon from
reaching the same In person, or by
their clerks or other employees, for
purposes connected with their regu-
lar business. Under such circum-
stances the police of the city would
either move the colum along out of
the way of the public business or take
into custody the men who without au-
thority obstruct the street and public
highways. The marching men had
then no such right on the country
road, as they claimed.
"That the parties now in custody
knew that the injunction had been is
suedis not denied; it is plain from the
evidence. They spoke of it jocularly
mostly, now and then resentfnlly and
disrespectfnlly. Such terms as these
passed along the line: 1--WE will take
the consequence I'VE are used to
papers like that 4 will eat mine for
breakfast The officers were careful
in explaining its terms, and may say
in beseechiug the strikers not to vio-
late them. They told marchers to
march on and pass by If they wished
to, but not to march by and counter
march, to and fro blythe mines, be-
cause such marching was prohibited
by the court. But the advise was not
needed. The disregard of the courts
order continued, and the conduct con-
stituted a violation of the injunction,
openly resorted to and persistently
maintained. These defendants are all
guilty of the contempt charged.
"What should the punishment Of
the Court beP Outside oftheir con-
duct in this particular, the demeanor
of these who so marched has been
most commendable. They have In
dulged in no threats, nor has loud,
boistrous or haunting language been
used. They have been sober and
decent, mindful Of their own interests
and With the exception noted, respect
full Of the rights of others. and observ-
ant Of the requirements Of the law.
They Impress me as thoroughly hon
est In their claims that they had the
right to march and act as they did,
because they were on the public high
wav