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

Penalty - Warning to Future
ViOlators.
Special TO the Register.
Clarksburg. W. Va, August IL
Judge Gon to-day gave his opinion
in the contempt cases against the
twenty-seven coal miners who were ar
rested this week at Montana mines for
violating Judge Jackson's injunction.
The opinion in full is as follows;
AS to the law applicable to the
matter now under consideration, coun-
sol have not differed. and the court
has no trouble II is concerning the
facts what they prove and their proper
enDlication 10 the law involved, that
counsel have expressed differences,
and the court is required 70 decide.
MANY matters foreign 70 the issue
now presented have been referred 10
nv counsel and testified about by Wit
nesses. but the court will exclude them
from its consideration. Matters refer
inc IN Free speech Natural rights.
and the Liberty Of the citizen are
not now involved in this issue nor are
thew i'm danger They will survive
this ordeal and il is to be hoped that
tbev will be further eldeared 10 us
all Gf that be pOsSihle), by our mutual
exDeriences herein and the incidents
CONNECTED Herewith. The right or
free sDeech has not been abridged, nor
IN anv manner interfered with. The
ORGANIZER has spoken 70 his heart S
content here. there and everywhere
The camp has heard him and been
S-pTtrifed by his elOQuence CITY.
own and hamlet have been visited
him and have given him generous
e,comes. Public buildings have been
-, omen. street corners utilized,
III ..--,-s-roads and highways ca. "a
VIC reoouisitton The right 81 the
AD1a to assemble and discuss matters
Ahich they feel an interest has had
exemplifcatiOn during the last
ninth IN this and adjoining states
that has been pleasing 20 our citizen
ship. and as gratifying TO all true
lovers Of republican government as II
has been unwelCOme and unexpected
10 The agitatOr aud magOgue-whO
r. seems. delight i'm drawing lUrid pic
lures Of the days vet 20 come when
liberty shall have periShed from the
face OF the earth and free speech
shall be but the dim remembrance of
a dream long past, recalling but faint
" the DAYS when liberty YET tarried
among men and was wOrshipped by
those who called themselves frsemel.
THE simple question here is. Are
these defendants in contempt of this
court?
"On the 18th inst. this court granted
an Injunction restraining the defen-
dants and all others from i'm any way
interferGg with the management
operation, and conducting of the
mines in the bill mentioned, either by
menace and threats or any character
of intimidation used 20 prevent en-
ployes Of said mines from going TO OF
from the same. or from engaging i'm
their usual business of mining
All persons were restrained
from entering upon the prop
erty 4 Of the Montana Coal and
Coke Company for the purpose Of in-
terfering with the employees Of said
conepany. either by intimidation or by
the holding of either public or private
Ee@RUlUlrk. y ANNa NaANA iAN.... NA tN
any way mOles,iug. interfering with
or intimidating the employees of that
company. So as 20 induce them 90
abandon their work I'm the said mines
This Injunction was served on q num-
her of the defendants early on the
morning Of the 18th inst IJ was
served on other of the defendants to-
gether with an additional or supple
- mental and constituting order. on the
Morning Of the 18th inst IL the de-
endancs were aware that the court had
assed the decree granting the in
,nctlon mentioned; il they were
aware Of its terms, and import, and il
hey then interfered with or iuJimi-
hated the employees Cf said coal COM
. pany. thereby preventing them from
going 10 or from their work, or causing
them TO abandon the same then they
are guilty Of the contempt charged
and should be, must be. and Will be
punished.
The strikers had the right 10 quit
work themselves. and they have the
right 10 induce other miners by peace
able means. by the persuasive force of
public or private argument, eXerJed in
lawful way, TO also quit work and
ioin them But il must be kept in
mind that the miner who still desired
10 work had the same right to do 50
as the miner TO quit work. and also
should il be remembered that owners
Of the mine. individual or company
had the right 10 operate them; the
rirhJ TO employ the labor of those
wanting TO work; the right 70 use the
h highway leading TO the mines for
themselves and. for their employees
i even as had the striker TO quit. the
miner to go on with his work or the
I agitator TO indulge in the right
Aof free speech IL seems from
he evidence that but few
the miners employed at the Mon
ma mines had joined the strikers.
M efforts 10 induce them 70 do so
apparently failed. AT this juno
company OF marching strikers
from MOnongRh went into