Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-08-13

md00 lllo ottoAo III Gil
Squire Christian Horning, Will
Make a Test Case, and If Suo-
cessful, Other Suits Will Follow.
A New Plan for Fighting Injunc-
tion Government.
Special to the Register.
Steubenville, Ohio. August IL
Government by injunction" will prob
ably receive quite jolt as result OF
a suit for damages filed by Trainer &
Son here for Squire Christian Horning,
of Dillonvale, against Myron 7. Her
rick and Robert Blickensderfer, re-
ceivers of the W. G. l.. L. railroad, and
the w. & L. E. and Pittsburg Coal Co.,
who in order to secure United States
deputy marshals for Dillonvale, where
they were never needed, made certain
representations against seven men,
some of whom were not in the county,
claiming that these men who were en-
ioined from everything but living were
intimidating miners and preventing
them from going to work. Then
United States marshals were asked for
to guard property which was never in
any danger.
Horning in his petition says: The
said plaintiff by this, his petition, rep
resents that before and at the time or
the committing Of the grievances and
injuries hereinafter mentioned by the
said defendants, NJ. 7. Herrick and
Robert Blickensderfer, he had sustain
ed a good character and been reputed
and accepted in the community to be
law abiding person Of good name, fame
and credit, and never suspected OF hav-
ing been guilty of combining, con-
federating and conspiring with other
persons to prevent and deter miners by
threats to stop the working and oper-
alton Of the mines, and or conspiring
with other persons and busying himself
with other persons among the employees
working at the mines, TO foment
| strike, not to prevent the employees or
said defendants from working mines at
Long Run and Dillonvale, nor con-
spring with other persons to physically
| injure miners working at these mines.
or TO injure or destroy their property
or the property in charge of defendants
| at Long Run and Dillonvale, or the
property and wooden bridges OF the
w. & l.. E. Ry. Co., or conspiring with
other persons to injure other persons
or destroy their property or to injure
or destroy the property Of any other
company or corporation, and malicious
ly intending TO iniure plaintiff and
bring him into public scandal and dis
grace and TO be believed in the COM
munity that plaintiff was a dangerous,
wicked and malicious person, regard
less Of the rights OF other persons and
their property did on July 6, 1897.
write and cause to be written a paper
written and published and the same to
be filed in a certain action then pend
ing in the United States Circuit Court,
Southern district. Eastern division
wherein the Metropolitan Financial and
Industrial Co. Is defendant That part
Of the paper written and published per-
tanning TO plaintiff is as follows: "The
following persons, to-wit: Adam Vol
vinger. Steve Elos. Steve Nanut, Steve
Hornish, Peter Boyder. Joe Chasragl.
John Baini. Hip Barlint, Steve Hoder-
bosh and Frank Broeton, have been in
Receivers employ but this morning
were active in warning men not TO
work at the Long Run mine, and that
some, or all, Of these men went from
Long Run to Dillonvale. distance OF
about four miles, TO there warn and
prevent the men at Dillonvale from
mining; that associated with them
were: John Holiday. Samuel Dover.
Wm. Gallagher, Mark Gallagher, John
Harker. w. d. CASHIER. James Sirli. c.
Horning plaintiff). and s. c. Horning,
some Of whom have been In your Re-
ceivers' employ, but who have hereto
fore been mere operators, and some OF
whom your Receivers believe are
United Mine Workers. or connected
with said organization, and all OF
whom have to-day been busying them
selves among the employees Of your Re-
cefyers TO foment the strike and pre-
vent the employees from working.
THAT the condition OF the mines in
their charge is serious and that the
men In their employ n they are 10 con-
tinue work. as Is desirable. and az
many Of them wish and are willing %
do, must be affored adequate protec-
tion from physical injury 70 themselves
and their property. That the property
in the charge Of your Receivers must
have protection from destruction, and
that they are placing watchmen for the
night at many OF the wooden bridges
on the road and are seeking to protect
the property in their charge
Plaintiff says he Is the e. Horning
mentioned. and that each and every
charge and imDutation made in the pa
per writing quoted concerning plain
tiff being associated with other per-
sons, conspiring with them in warning
and preventing miners from working,
and Of plaintiff combining with others
TO physically iniure miners working at
the mines and destroying their prop
erty and the wooden bridges on the
road and other property in charge or
the defendants. Is false, msliciously de-
famatory and libelcns concerning plain
tih and defendants did write and cause
10 be published these defamatory mat
ters by reason Of which plaintiff hath
been greatly injured and damaged in
his good name and reputation to the
damage OF 1895"
Papers have been served on defend
ants and the outcome OF this Issue Is
awaited with interest by the other men
AZ frfu -.