The San Francisco call., 1898-04-05
THE LAW IS
 ALW AIS RIGHT Some SignificantRemarks by Circuit Judge
 Morrow.
Orders of Court Must Be Obeyed Even When
 Wrong.
Twenty Seven Members of the Kla- naath Lumber Company Up for
 Disobeying an Order.

The greater part of yesterday after noon in United States Circuit Judge Nor rows court was spent in Investigating the cases of the tWenty-seven lumbermen brought down from Klanathon, Siskiyou County, on charge of contempt of court
 The defendants are employees of the Klamath River Lumber and Improve ment Company. The sawmill and other property of this company were claimed by the Pokegama Lumber Company un- der a lease, which the Klamath people say was violated by the lessees. There upon the Klamath people retook posses sion and busted the lessees A lawsuit was the result and an injunction re- straining the Klamath people from inter- fering with the Pokegama people was issued by the judge of the Superior Court of Siskiyou County. When the matter came to trial the court dismissed the injunction and purged the Klamaths of contempt.
 Thereupon the Pokegama Company be- gan suit In the United States court, and upon a showing made by them Judge Morrow issued a restraining order. Dep uty United States Marshal Gallagher was sent up to serve the order and he found considerable difficulty in doing so. After he had left, barrtcades were erected by the klamaths and the Pokegama people were not allowed to enter upon or use the property.
 Complaint was again made, and Judge MOTION Issued citations for the arrest of the officers and attorneys of the com pany and employees to the number of tWenty-seven defendants all told on a charge or contempt of court
 Al the parties appeared in court yeS- terday.
 MT. Pillsbury opened the proceedings by SSeaqdng Stag an aftidayit of Deputy United states Marshal Gallagher, setting forth that when he visited the mills at Klama- thon to serve the restraining order W. F. Cook disputed his authority, and the 1act that the signature of Judge Morrow was genuine. When Gallagher tried to enter the mill office, Cook put his foot Tn the doorway, threw his weight against the door and attempted to force out Dep uty Gallagher.
 The Deputy Marshal could not get in- side, and he was. therefore, obliged to post on the outside of the mill a certified copy of the restraining order and the subpenaS
 The affidavit went on to state further that H. B. Gillis. attorney for the detendants, told the afffant that he had advised his clients not to regard the re- straining order and not to permit officers or the law to enter upon the premises
 Attorney Stratton announced that At dorliey doraey Gllils would read personal affi- davit ln reply to that of the Deputy Mar snal. It made a general denial of the allegations made, and went on to state that Gillis said he asked Gallagher
 
 to take forcible possession of the prop erty, and that Gallagher replied that he did not. and that. he did not intend to take possession of it. He claimed that Gallagher misunderstood the purport of his remarks.
 John s. Cooks affidavit set forth that he had refused to open the door for the Deputy Marshal, and that while he re- spected the paper issued by Judge Nor row, he could not recognize the right of the persons accompanying the Deputy Marshal to enter. If the Marshal had come con alone he would have admitted him. dismissed an injunction similar in purport 10 Judge Morrow's restraining order and he thought that decision was good law. Judge Morrow postponed further con- slderalon or the case until tomorrow morning. Then the court spoke it's mind on the merits of the contempt case. It was not for the lawyers, said Judge Mor- row, or other persons, to construe the or der of the court. The order must be obeyed literally and without evasion or quibbling.
 This is a very serious matter in the and 1t is the duty of all Judges to pun. pun. ish contempt severely, and if there is anything of the kind in this case I % shalI | certainly do so. Even if the court was wrong to issue a mandatory injunction. if is not for the attorneys here or for others to construe it.. If the language was plain It should be obeyed even If 1t was wrong N,eVen ., 1T the court had no right to issue IS to obey the order of the court the very moment called on by this court. Defen- selves.'' 'Heii'-
 It was agreed by the counsel. at the suggestion of Judge Morrow, that no more arrests should be made and that the defendants would not interfere with the peaceable possession and use of the the case.