Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1897-08-28
JUDGE GOFF'S OPINION IN THE M
JUNCTION CASES.

miners strike, Judge John 1. Jackson,
of the u. S. District Court, at the re-
quest of certain mine-owners. issued
a number of ipjunctions against the
miners restraining them from tres
passing upon the property or rights
of the operators.
Last week, strikers to the number
of II were arrested and taken before
Hon. Nathan Golf, Judge of the u. S.
Circuit Court. After hearing the
case the offenders were sentenced to
Imprisonment for term of three
days.
Judge COTS opinion vas SO fair, so
practical and so just as to receive the
commentator of all parties. We
quote as follows:
The "strikers" had the right to
quit work themselves and they had
the right to induce other miners, by
peaceable means, by the persuasive
force Of public or private argument
exerted in lawful way to also quit
work and join them. But it must be
kept in mind that the miner who still
desired to work had the same right
to do so as the miner to quit work,
and also it should be remembered the
owners of the mines, individual or
company, had the right to operate
the same; the right to employ the
labor of those willing to work; the
right to use the highway leading to
the mines for themselves and for their
employees, even as had the strikers to
quit work, the miner to go on with
his work. or the agitator to indulge
in the right of free speech. "
A highway is way over which the
public at large have a right of pas
sage. 1t is road maintained by the
public for the general convenience.
Trae, the strikers had right to march
over it as passengers just the same as
all other citizens; but they had no
right to make it parade ground or
stop on its sideways at frequent inter
walls and by the hour at times when
other people who had the same right
to its use were in the habit of using
it for purposes connected with their
daily avocations. The miners of the
Montana mines, as we'll as the owners
of that property, had the same right
to use the public road as had the
marching strikers. 1t seems to the
Court that the men whose work is
interru pied and the people whose
property is damaged by the improper
use and occupation of the highway
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 the king s
highway"
The building in which we are hold
ing this Court is located on the corner
of Third and Pike streets, Clarksburg,
All the citizens of this town can use
those streets for purposes connected
with their business. All person pro-
perly deporting themselves can pass
along and upon them for all proper
business matters, or for the mere pur-
pose of transit, and all persons, due
regard being had for the public in
teIest and safety, may parade with
banners, flags and bands of music
along and over said streets at reason.
able times and seasonable hours, pro.
vided the same does not prevent the
reasonable and seasonable use of said
ctreetc nv those entitled TO the same
If such use should close the business
houses along said streets by prevent
ing employees from reaching them,
then if such parades were not prevent
ed by the city authorities the owners
of property so affected would be Ell
titled to the aid of the Court in pro-
tecting their rights. No one portion
of the community has right to march
along those streets day after day,
night after night, and station them.
selves along them at intervals of
three or FIVE feet, tor hour after hour,
thereby preventing the owners of pro-
perty located thereon from reaching
the same person or by their clerks or
other employees, for purposes connect
ed with their regular business I'm
der such circumstances the police OF
the city would either move the column
along out of the way OF the public
business or take into custody the men
who, without authority, obstruct the
streets and public highways. The
marching men had then no such right