The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-08-19
JUDGES FAVOR MINERS
Unexpected Action in the Hear.
ing at Pittsburg.
PRAISED THE MINERS CONDUCT.
ltows Laughed Mt the DeArmits' Attor-
ncy when lie Tried to Have Miners
order Included In an Injunction to BE
Issued-Only Five Restrained.


PtTTsBURG, Aug. II This injunc.
tion would not Justify the issuing Of
an attachment against ahy marchers
not found in company with the men
named in the injunction"
The above statement was made by
Judge Stowe Immediately after the
hearing in the application of the De.
Armits for an injunction against the
strikers.
There appears to be a general misun-
derstanding as to the injunction pro.
ceedings. No injunction has been is
sued from the court as yet. On the aD'
plication of the DeArmits a restraining
order was issued by the court, directing
certain persons TO refrain from doing
certain things until the hearing. The
restraining order was so vague in its
terms thai it was impossible for any one
not lawyer 10 understand what the
court meant, and the lawyers differed
altogether III their Interpretation OF it.
The restruininf order Was heralded
by the attorneys for the De Armits as a
sweeping injunction, but Judge Collier
said in open court that it is not at all
sweeping in it's scope that it is very
mild indeed.
Judge Stowe said in open court that
the restraining order and the injunc.
ton if granted (as it will be no strong.
err, does not prevent the men from hold.
ing the camps, nor from marching for
any legal purpose, so long as they dc
not attempt to intimidate the wOrkmen.
At the hearing, after exhaustive tes.
timony had been taken on both sides
the judges said that they would grant a
preliminary injunction, but Judge Col.
| lier refused to sign the one which had
been prepared by the attorneys for De-
| Armit, saying that he would probably
modify it somewhat.
Both Judges scomplimented the strikers
| highly on their good conduct. Judge
| Stowe said from the bench: ut is q
wonder to me. the orderly manner in
which these men have behaved. They
have done nothing whatever whichithey
did not honestly believe they had q
legal right to do, and although | think
they have been slightly mistaken as tc
what they had legal right to do,
have been surprised at their good be
havior." Judge Collier added: an
has been remarkable"
Practically it stands just the same as
before, as the men intend to stay at the
camps and continue to do just wha
they have been doing. AS the sheriff
cant understand the restraining order
nor find anyone who can explain il 4
him, he is afraid to make any arrests OF
its authority, and so the matter stands
When the testimony was all in Judgt
Stowe took the attorneys for the com
pany clear off their feet by asking VIII,
they had identified as being among tn
marchers. He said he had only noteC
one or two and the injunction could onl,
cover those who had been identified.
Only two men, Patrick Dolan AM
William Warner, had been identified
up to that point as defendants. Tn
court agreed to allow the attorneys TO
the company 10 amend their papers s.
as to cover all others whom the testi
mony showed to have been marchers
The lawyers were able to find but three
Uriah Bellingham, Edward McKa,
and Frank McKenna. These thre
| names were added and the temporar,
Injunction, when issued, will be di
reCted against these five men an,
others associated with them.
According to the statement of Judg
Stowe, quoted above, the injunction
will not in any way apply to any of tn
strikers unless one or more Of these tiv
are associated with them in the &C
which is supposed to be violation o
the injunction. In plain terms, tn
/ men can march If they get new leaders
The company would then have to g
into court and ask another injunction
specifying different men,
, Sol Schoyer wanted the court to in
clude the United Mine Workers, but tn
Judges laughed at him, saying that tina
/ would be too sweeping altOgethe Ell
why" said Judge Stowe, I'VE woul
be undertaking to assume jurisdiction
over men a. ay down in Alabama, an
| don't think we will attempt that.
Mr.. Schyer then asked that the loca
assembly be included, but the judg
shook his head and smiled again.
w. j. Bremen, attorney for tn
strikers, asked Judge Stowe to specif
exactly what acts would be violation
of the injunction. Judge Stowe said
. "This injunction does not preven
you from staying in your camp, no
from marching in legal manner, bu
it will prevent you from marching ever,
|
the purpose of compelling the workmel
to quit work. You can have your cam
and make speeches and invite any on
l you choose to go there, But we will
not undertake to say now what par
licular act would be Il violatian of tn
, order. That will have to come up whel
some one is charged with violating il
Then, when we know just what ha
been done, we will decide whether
was wrong or not"
The judges remarks seemed to indi
cate that the company will be requireI
to prove that certain particular persons
(naming them) have iutimidated Ger
tam wOrkmeu (naming them) befor
the court will commit anyone
Judge Stowe laid particular stress OF
the fact that moral intimidation is q
; illegal as physical intimidation, an,
said that the gathering together O
large bodies of men fixed on bent pur
pose is likely to cause bloodshed. II
qualified this by complimenting tn
strikers on the remarkable good orde
they have mained so far.
w. =. DeArmit Sued.