The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-08-23

the morning ana N INV SitstHeSt -
times when the miners OF said company
were either go to or coming from their
work. The marching was from the
camp down to the mine opening, then
back to the village 10 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 alteF-
noon. They did not march past the
property OF the company, for the reason
as stated by their leader, that the river
STONED them. The marching was, there
fore from the camp 10 the river ana
from the river back TO camp, always by
the mine opening and the miners
homes. There was an object In this,
and the intent win be discovered by the
facts.
"These miners had refused TO join tho
strikers and had neglected TO attend the
strikers meeting, evidently preferring
10 remain at work. The camp was es-
tablished near for the purpose OF lniiu-
enelng them. Was that influence to be
exerted and was II exerted In a lawful
and proper manner? The answer to
that question determines the lnnocencS
or guilt of the accused. In endeavoring
No influence the miners TO Join them did
The strikers prevent them from going
10 or from their work, and did they use
any character OF intimidation In so do
ing?
"a body of men over two hundred
strong. marching In the early hours o.
the morning, before daylight, hating In
front OF the opening and taking possess
sion on each side of the public highway,
for a distance Of az least quarter OF a
mile, at the exact places where the min
ers were in the habit of crossing that
highway, for the purpose of going from
their homes to their work, is at least
unusual, and in the state of excitement
usually attending such occasions,
neither an aid to fair argument nor con-
dueIve TO the state OF mind that makee
willing converts thus championed,
'IIhat the marching did intimidat9
quite a number Of the miners is clear, II
the evidence offered is to be believed,
and the court believes II uncontradicted
and entitled to credence. The court Is
also forced to conclude from all facts
ana circumstances detailed by the Wit
nesses from the object of the marching
men had In view, and from the locality
where they marched and It's topography,
that the intention OF the marching strik-
ers was 10 interfere with the operation
of the Montana mines, with the mineri
engaged In working said mines, to IN
tlmidate them and thereby induce them
to abandon their work, and then secure
their cooperation In closing the mines,
",rhe marching men seemed 10 think
that they could 60 and come on and over
the county road as they pleased, be-
cause 1t was u public highway Bul
this was a mistake The miners work.
Ing Montana had the same right 10 use
the public road as the strikers had, and
Il was not open and free 10 their use
when Il was occupied by over two hum
bred men stationed along 1t at inter'
walls of three and five feet; men who, ID
not open enemies. were not open friends
That the marching column Intended to
Interfere with the work at the mines
would be foolish to deny, A highway
over which the public at large has d
right Of passage Is road maintained by
the public for the general convenience.
True, the strikers had right to march
over II as passengers just the same as
other citizens, but they had no right To
make II n parade ground or stop at ire
quent intervals and by hours ut times
when other people had the same right to
its use were In the habit OF using 1t FOL
the purposes connected with their daily
yocatlons The miners of the Montana
mines, as well as the owners OF that
property. had the same right to use tho
public road as had the marching atrikI
ers.
at seems to the court that men whose
work is interrupted and the people
whose property Is damaged by the I'M
proper use and occupation OF the high
way. are the people who have the true
grounds OF complaint, because of thu
improper use OF what. In the early books
Of the law ia called kings highway
"The building In which we are now
holding this court Ia located on the cor
Rer Of Third and pike streets, Clarks.
burg. All the citizens of the town can
use those streets for purposes connected
with their business, All persons prop
erly depOrting themselves can pass
along and upon them for all proper bus'
mess matters, due regard being had for
the public interest and safety, may pa
rade with banners, flags and bands OF
music, along and over said streets ut
reasonable times and reasonable hours.
provided the same does not prevent the
reasonable and seasonable use Of said
streets by others entitled to the same.
If such use should close the business
along said street by preventing the ems
ployes from reaching them, then II such
parades were not prevented by the city
authorities the owners of property 40
affected would be entitled to seek the aid
Of the courts In protecting their rights.
No one person In the community has
the right to march along those streets
day after day, night after night, AMI
station themselves along at intervals O!
three or five feet for hour after hour,
thereby preventing the owners OF prop.
erty located thereon from reaching the
same in person, or by their clerks OF
other employees, for purposes connected
with their regular business. Under
such circumstances the police of the
city would either move the column nlonh
out Of the way OF the public business or
take into custody the menvwho without
authority obstruct the streets and pub.
lie highways. The marching men had
then no claim.
THAT the parties now In custody
knew that the injunction had been Isl
sued Is not denied; Is plain from The owl.
dence They spoke Of It jocularly most.
ly now and then rcsontfully, and disre.
snectfully, Such terms as these passed
along the line; we are used to papers
like that We will take the conse.
quences,' 4 viii eat mine for brcakfnst,'
The officers were careful In explaining
lts terms, and i may say IN hesecchlng
the strikers not to violate them. They
told the marchcrs to march on and pasd
by II they wished to, but not TO march
by and countcr-mnrch, to and fro by tht
mines, because such marching was pro.
hibitcd by the court But the advice was
not needed. The disregard Of tho courti
order continued, and the conduct con'
stituted violation of the injunction,