The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-07-31
specIal pIspatch % the IntollIgeneer.

Special Dispatch TO the Intelllgencer.
FAIRMoNT, w. Va, July 3O.-The
Injunction granted by special Judge
John W, Mason of the Marion county
court, restraining Eugene V. Debs and
others from interfering with the en-
ployes OF the West Falrmont and Mo-
pongah Coal Companies, has been the
subject OF much controversy of late. The
labor leaders claimed that Its scope was
too broad, and that It abridged the
vested rights of citizens. In view of
these controversies the full opinion of thu
court is subjoIned:
West Fairmont Coal and Coke Com
pany VS.. Eugene V. Debs, ct ais, bill for
Injunction.
This is u bill filed by the West Fair.
mont Coal and Coke Company, asking
that an Injunction be awarded by this
court, enjoining and restraining the de-
PENDANTS named In the bill and their
confederates, co-consplratOrs and asso-
clates from In any manner interfering
with the employees OF the plaintiff now
In its employ, and from In any manner
interfering with any person who may
desire to enter the employment of the
plaintiff by use OF threats, personal vio-
lence intimidation or by any other
means calculated to terrorize, alarm in
tlmidate or place in fear any OF such
employees in any manner or form what
ever.
The bill alleges among other things
that he plaintiff is q corporation or
ganlzed under the laws OF and doing
business In the state OF West Virginia
with Its principal place OF business in
Marion county; that II owns and op-
crates two coal mining plants in the
county one known as the shaft and
the other as the New England mines,
both situated near the town OF Fair
mont: that the plaintiff usually employs
u large number of men: that its mines
produce large quantity OF coal and II
ships the same by rail to eastern. west
ern and northern markets; that 1t man
ufactures large quantities OF coke; that
the said mines furnish employment 30
large number OF men including coal
miners, drivers. coke workers ana those
otherwise engaged In and about the
mines; that large number of men are
now at work in and about the said
mines; that they desire to continue to
work; that number OF the defendants
have recently come into this state and
are now among the said coal miners so
engaged in minig coal and laboring In
and about the mines. for the purpose Of
forming n confederation, combination
and conspiracy in and among the en-
ployes OF the said coal mines, the object
OF which Is to innugurate and bring
about n strike among the said employees.
Conspiracy Alleged.
The plaintiff further alleges among
other things that certain of the defend
ants known as Organizers are forming
combinations and conspracies, the OBJ
ject and purpose OF which Is to induce
all OF the employees OF the plaintiff to
quit work and thereby stop the mining
Of coal and the manufacturing OF coke
by the plaintiff, and TO stop the ship
ment Of coal and coke to plaintiffs va
rious customers; that the plaintiff has
contracted with various parties In dlf-
ferent states OF the union to furnish
them with quantities OF coal and cokeI
that said contracts are now being filled
and many remain unfulhllCd: that II Is
the duty OF the plaintiff under said con
tracts TO furnish the coal and coke dai-
ly, or at short intervals and that the
plaintiff has heTetorfore been able Ia
fulhll It's many contracts by mining
and shipping coal to It's various Gus.
toners In pursuance OF said contracts
And plaintiff alleges that IL 1t be
prevented from mining coal In Its said
mines and shipping the same In fulfill
ment OF It's contracts, and Is prevented
from mining coal and manufacturing II
into coke and shipping the same, that
the damage to plaintiff resulting there
from will be irrcparablc for the reason
that II will be prevntcd from fulfilling
It's contracts which II has made and be
deprived OF its profits arising there
from and will also be greatly and irrop.
nrably damaged from the loss OF its
customers and trade and viii be fur
ther damaged by reason Of the fact that
It's mines viii have to become unOp.
Grated and idle. and not kept in repair
and viii thus become unsafe and cease
to be in n workable condition.
Plaintiff further alleges that tho de-
PENDANTS have entered into n conspiracy
to compel the plaintiff to cease the min
ing and producing Of coal ana the man
ufncturC Of coke, and that the defend
ants to accomplish their purpose and In
pursuance OF their conspiracy at vnrl-
GUS times and IN various plnCcH In the
vicinity of the mines within the last few
days have adopted unlawful means md
by concerted action, by mcnnccs
threats and intimidation induced differ
ont cmploes OF said mines TO Join the
strike; that Romc Of the defendants
within tho last few days have made 4
number ~ speeches or addresses to said
omplaycs and especially near the mines
and In pursuance of said conspiracy and
for the purpose ~ intlmduting the ON
rldyCa nf said Cnni mines the defendants
have made threats moi only against the
plnlntlff but against those who are ON
ploycd by the plaintiff have made IN
finmmatory and incoullNry speeches.
nfnming Mlnds ~ E,nplor's,
"Tho said defendants have for the
purpose of Inducing and cocrclng the
employees from further engaging In The
employment Of said plnntln and for tho
purpose of Cnorclng the plaintiff IRON
further operating lla mines Tor the put'
pose VI mining oOnl mud mnnufncturlnf
| tnNo IN lh'lf Npr'Nl'N "VN'Hl' N,N, Wv.
| pppaltprp are nHltntufp, aud that thpl
arc proud VI N; the object ana purpor'
uf the Pnid apcnkora In making thrll
said puhllu speeches la ln excite In thl
minds nf tho employees hatred ana
ienlnuay nnd envy aGnlnpl their en-.
plbycra by exciting In the minds of The
employee u fear that II they do not
cease tu labor Tor the plaintiff ana do
.,.t t,tu ttn rttINpta aud tain thUlr uul