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

CLARKsBURG, W, Va, Aug. 22,-
Judge Golf, OF the United States cir
cult court, in deciding the cases of the
twenty-seVen striking miners. charged
with contempt of court, In marching
through the Montana mine company's
property in dlsobedience Of Judge Jack
sons Injunction and restraining order.
sentenced them to three days in Jail on
Iy In consideration that in other re-
spects they had conducted the strike
peaceably and without violation OF law.
The decision, which follows in full. is
the first opinion handed down under the
injunction proceedings and Is interest
ing, as sustaining the injunction, and
defining the strikers rights under It.
Judge Goff holds that the Injunction
does not abridge any mans rights, nor
does II suppress free speech ana the
right OF public assemblage. II simply
prevents Interference with the rights OF
others, Following is the decision
''As to the law applicable to the mat
Ter now under consideration, counsel
have not differed. and the court has no
trouble. II Is concerning the facts what
they prove and their proper application
to the law involved, that counsel have
expressed differences, and the court is
required to decide.
MANY matters foreign 20 the Issue
now presented have been referred to by
counsel and testified about by witnesses.
but the court will exclude them from Its
consideration. Matters referring 10 free
speech natural rights and the liber-
ty OF the citizen are not now involved
in this issue nor are they in danger.
They viii survive this ordeal and It Is
TO be hoped that they will be further
endeared to us all Qf that be possible).
by our mutual experiences herein and
the incidents connected Herewith, The
right OF free speech has not been
abridged. nor In any manner interfered
with, The organizer has spoken 70 his
hearts content, here, there and every
where. The camp has heard him and
been electrified by his eloquence, City,
town and hamlet have been visited by
him and have given him generous well
comes. Public buildings have been
thrown open,street corners utilized the
crossroads and highways called into
requiSition The right Of the people 10
assemble and discuss matters In which
they feel an interest has had an exem-
pllhcatlon during the last month In this
and adjoining states, that has been
pleasing to our citizenship, and as graf
flying to all true lovers OF republican
government as 1t has beer unwelcome
ard unexpected to the agltator and
dcmagogue--who II seems, delight in
drawing lurld pictures of the days yet
60 come when liberty shall have per-
ished from the face OF the earth and
free speech shall be hut the dim re-
membrance OF dream long past,recall-
Ing but family the days when liberty
yet tarrIed among men and was wor-
shipped by those who called themselves
'f.eemen,'
1.-THE simple question here is: Are
these defendants In contempt OF this
court?
''on the 10th inst, this court granted
an injunction. restraining the defend
ants and all others from In any way in
ierfering with the management operation
and conducting the mines In the bill
mentioned, either by menace and threats
or any character of intimidation, used
to prevent employees of said mines from
going to or from the same. or from en-
gaging In their usual business of min
ing. All persons we're restrained from
entering upon the property Of the
Montana Coal aud Coke Company for
the purpose OF interfering with the em-
ployes OF said company. either by intim-
idntlOn or by the holding OF either pub.
lie or private assemblages upon said
property, OF In any way molestlng. In
terferlng with or lntimidating the em-
ployes Of that company, so as to induce
them to abandon their work In the said
mines. This Injunction was served on
a number OF the defendants early on
the morning of the 18th inst Il 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, II the defend
ants were aware that the court had
passed the decree, granting the injunc-
tlon mentioned; II they were aware OF
its terms, and import, and II they then
interfered with or inundated the en-
ployes OF said coal company, thereby
preventing them from going 10 or from
their work, or causing them TO uban-
don the same, then they are guilty OF
the contempt charged. and should be.
must be. and will be punished
THE strikers had the right to quit
work themselves. and they have the
right to Induce other miners, by peace
able means, by the persuasive force OF
public or private argument, exerted In
lawful way, to also quit work and
join them. But II must be kept In
mlpd that the miner who stlll desired
to work had the same right TO do go
as the miner 10 quit work. and also
should II be remembered that owners Of
the mine, individual or company. had
the right to operate them; che right to
employ the labor OF those wanting to
work; the right 10 use the highway
leading to tho mines for Themselves and
for their employees, even as had the
striker to quit, the miner to go on with
his work or tho ngltator 90 Indulge In
the right of free speech IT seems from
the evidence that but few Of the miners
employed at the Montana mines had
1olnd the strikers, All efforts 60 induce
them 10 do so had apparently failed. At
this juncture n company OF marching
strikers, mostly from Monongah, went
into camp about one mile from the Mon
tann mines During Monday, Tuesday
and Wednesday this company, under
command Of its officers, with music and
bannere. marched and countermarche1