Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-08-22

ming through the property or the MOu>
tana Coal Company. This marching
was very early in the morning and
in the afternoon, at times, when the
miners of said company were either
going 10 or coming from their work.
The marching was from the camp
down 10 the mine opening, then back
TO the village to where the miners
lived, then again past the mine open
ing. and so on, TO and fro. during GER
tain hours Of the morning and after
noon. They did march past the prop
erty of the company, for the reason
as stated by their leader that the river
stopped them. The marching was
therefore from the camp 10 the river,
and from the river back to camp, al
ways by the mine opening and the
miners homes. There was an OBJECT
in this and the intent will be discover
ed by the facts.
These miners had refused TO join
the strikers and had neglected to at
tend the strikers meeting, evidently
preferring 20 remain at work. The
camp was established near for the
purpose Of influencing them. Was
that influence 10 be eX5rted and was
il exerted in a lawful and proper man
ner? The answer TO that question
determines the guilt or innocence or
these accused. In endeavOring 70 in
fiuence the miners 10 Join them did the
strikers prevent them from going 10
or from their work, and did they use
any character Of Intimidation in so
doing?
A body of men over two hundred
strong. marching in the early hours
Of the morning. before daylight, halt
ing i'm front of the opening and taking
possession on each side of the public
highway. for a distance of at least
a quarter of a mile, at the exact places
where the miners were in the habit
Of crossing that highway, for the pur-
pose of going from their homes TO
their work. is at least unusual, ana
i'm the state of excitement usually
attending such occasions, neither an
aid TO fair argument or conducive 10
the state of mind that makes WiIllnS
converts thus ch2mpioned.
THAT the marching did intjmidate
quite a number Of the miners is clear,
7 if the evidence offered is TO he believed,
arI the court believes it uCcOnradicted
and entitled 10 c-edeuce. The court
is also forced to- conclude from all facts
and circumstances detailed 10y the wit
resses. from the object of the march
ing men had in view. and from the
locality where they marched and It's
topography. that the intention Of the
marching strikers was 20 interfere
with the operation of the Montana
mines. with the miners engaged IN
working said mines, 10 nundate
them and thereby induce them 10
abandon their work. and then secure
their cooperation in closing the mines.
The marching men seemed to think
that they could so and come on ana
over the country road 2s they pleased,
because IL was a public highway. But
Ds Ds Montana MS6 Aha 6aa the SINE risht to use
the public road as the strikers mad,
ard it was not open and free to their
use when 10 was occupied by over two
hundred men stationed along il at IN
tervals of three and five feet; men
who. if not omen enemies. were not
omen friends. That the marching col
umn intended 10 interfere with the
work at the mines would be foolish 10
deny A highway over which the PdO-
lie at large has a right of passage Is
a road maintained by the public ior
the general convenience. True, the
strikers had a right 10 march over
i- as passengers just the same as other
citizens. but they had no right 10 make
it a parade ground or stop at frequent
intervals and by hour at times when
other people had the same right TO
its use were i'm the habit Of using II for
f. the purposes connected with their daily
vOcatious. The miners Of the Montana
mines. as we'll as the owners OF that
rropertv. had the same right 10 use
The public road as had the marching
strikers.
ct seems 20 the court that men whose
work is interrupted and the people
4 whose property is damaged by the i'm
. proper use and occupation Of the high
wav. are the people who have the true
grounds of complaint. because of the
improper use Of what. in the early
books of the law is called Kings high
way
The building in which We are now
holding this court is located on the
. corner of Third and Pike streets,
. ClarkshUrg All the citizens of the
town canuse those streets for purposes
connected with their business. All
. persons properly deportiug themselves
can pass along and upon them for all
| proper business matters, due regard
I being had for the public interest and
+ safety. may parade with banners, flags
and bands of music. along and over
d said streets at reasonable times and
; seasouah,e hours provided the same
4 does not prevent the reasonable and
I SeaSOnable use Of said streets by others
entitled TO the same. II such use should
/ close the business houses along said
+ street by preventing the employees
from reaching them, then if such par
i AIDES were not prevented 10y the city
l authorities the owners Of property so
I affected would be entitled 20 seek the
/ aid Of the courts, in protecting their
/ rights. No one person in the COM
I muniJy has the risht 70 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
4 from reaching the same in person, or
/ by their clerks or other employees. for
/ purposes connected with their regular
I business. Under such circumstances
/ the police of the city would either
/ move the column along out of the way
/ OF the public business or take into Gus
/ tody the men who without authority
obstruct the street and public high
ways. TIL emarchins men had then no
ways. The marching men had then no
| cleir,na