The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1897-08-27

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in their usual business Of mining. All
persons were restrained from entering
upon the property of the Montana
Coal and Coke Company for the pur-
pose of interfering with the employees
of said company, either by intimida-
tion or by the holding Of either public
or private assembiages upon said
property, or in any way molesting,
interfering with or Illuminating the
employees of that company, so as to
induce them to abandon their work in
the said mines. This injunction was
served on number of the defendants
early on the morning Of the 18th inst.
It was served on other of the defend
ants together with nm addition OF
supplemental and constituting order,
on the morning Of the 18th inst. Il
the defendants were aware that the
court had passed the decree granting
the injunction mentioned; ifthey were
aware of its terms, and import, and II
they then interfered with or intimi-
dated the employees Of said coal COM
pany, thereby preventing them from
going to or from their work, or caus-
ing 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 to quit
work themselves. and they have the
right to induce other miners, by
peaceable means, by the persuasive
force Of public or private argument,
exerted in lawful way, to also quit
work and join them. BUTT must be
kept in mind that the miner who de-
sired to work on had the same right
to do so as the miner to quit work,
and also should it be remembered
that owners of the mine, individual or
company, had the right to operate
them; the right to employ the labor
of those wanting to work: the right to
use the highway leading to the mines
for themselves and for their employees
even as had the strikers to quit, the
miner to go on with his work or the
ag,tator to indulge in the right Of
free speech 1t seems from the evil
dence that but few of the miners en-
ployed at the Montana mines had
Joined the strikers All efforts to in-
duce them to do so had apparently
failed. at this iuncture a company OF
marching strikers mostly from Mo-
nongah went into camp about one
mile from the Montana mines Dur
ing Monday, Tuesday and Wednesday
this company, under command of its
officers, with music and banners,
marched and counter marched along
the country road leading through the
property of the Montana Coal Com
pany. This marching was very early
in the morning and in the afternoon,
at times when the miners of said COM
pany were either going to or coming
from their work. The marching was
from the camp down to the mine
opening, then back to the village
to whore the miners lived, then again
past the mine opening, and 80 on, to
and fro, during certain hours Of the
morning and afternoon. They did
march past the property of the COM
pany, for the reason stated by their
leader that the river stopped them.
The marching was therefore from the
camp to the river, and from the river
back to camp, always by the mine
opening and the miners homes.
There was an object in this and the
intent will be discovered by the facts.
"These miners had refused to join
the strikers and had neglected to at
tend the strikers meeting, evidently
preferring to remain at work. The
camp was established near for the
purpose of influencing them. Was
that influence to be exerted and was
it exerted in lawful and proper man
ner? The answer to that question de-
termines the guilt or innocence Of
these accused. In endeavoring TO in
fiuence the miners to join them
did the strikers prevent them from
going to or from their work, and did
they use any character ofintimidation
in SO doing2
ga body Of men over two hundred
strong, marching in the early hours
of the morning, before daylight, halt
ing in front Of the opening and taking
possession on each side of the public
highway for distance of at least
quarter of mile, at the exact places
where the miners we're In the habit Of
crossing that highway, for the pur-
pose of going from their homes to
their work, is at least unusual, and in
the state Of excitement usually at.
tending such occasion, neither an aid
to fair argument or conductive to the
state of mind that makes willing com
yerts thus championed.
sThat the marching did intimidate
quite a number of the miners is clear,
If the evidence offered is to be believ-
ed. and the court believes 1t uncontra-
dicted and entitled to credence. The
court is also forced to conclude from
all facts and circumstances detailed
.. Az ,,,;traasea from tha object ,oi