The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-02
The Law as to Strikes.


Il permanently enjoning the |
striking employees of the |
Temple Coal and Iron company
and the officers of the United Mine |
Workers of America from interfering
with the property of the company or
with employees of the company who
wish to work, is a definition of the
law which possesses widespread inter-
est. We acknowledge our indebtedness
to the Wilkes-Barre Record for the
text of the opinion. which is given in
full below:
This case comes here upon a mo-
ton to continue a preliminary injunc-
ton allowed on the 14th of April, 1900.
The plaintiff is a corporation organized
under the statutes of the state pro-
viding for the creation of corporations
for the purpose of owning and operat-
ing coal mines. Under the franchises
granted to the plaintiff on the 18th of
April. 1900. it had possession of two
collieries in the borough of Swoyers-
Vile, this county, known as Harry F..
and Forty-Fort. These collieries were
operated in connection with extensive
| underground mining developments. In
the operation of the mines it was
| essential to their preservation that the
water should be constantly remover
from the workings by means of large
pumps.
ION or about, but prior to the 18th
| of April, 1900, the miners and laborers
| engaged in the business of mining
| in these workings went upon strike
| for higher wages. Upon the 18th of
| April 1900, Anthony Carmanoskie
| George MALTA and John Rogers, the
| defendants named. called upon the in
| side foreman of the plaintiff at the
| Harry f.. cOlliery and said to him
| that they came as a constituted COM
| mittee of a labor organization known
as Local 452, United Mine Workers of
| America, to which the miners and la
| borers at these collieries belong who
| were on a strike, and that unless the
| demands made by the men who had
| quit work, upon the company were
| speedily granted. they would try to
| stop the engineers. firemen and pump
| men from working.
"On account of these threats, the
| engineers. firemen and pumpmen are
| in fear for their personal safety II
they remain at work. and if the said
threats are carried into operation
great and irreparable loss will be in
| tiicted upon the plaintiffs property.
Upon the date fixed for the hearing
of the motion to continue the injunc-
| ton, the defendants did not appear
and made no answer so that the facts
alleged in the bill of complaint of the
plaintiff must be taken as confessed.
IF, as a consequence of the said
threats, the engineers, firemen and
pumpmen are driven from their places,
or if the said threats are carried into
execution. the result will be. that the
underground workings. by the rapid
accumulation of water, in a very short
time would cover the pumps and make
them ineffective. The injuries result
ing from the filling up of these mines
would be so many and of so extensive
and varied a character to the work
ings that there can be no question that
ii would result in great and irreparable
injury to the plaintiffs.
1T appears from the testimony that
the underground workings cover in the
neighborhood of 1000 acres. In the Red
Ash vein there are two pumps, ten by
twelve by siXteen,one sixteen by twelve
by ten and one sixteen by twelve by
ten and there are several pumps in the
other collieries that would be affected
by the threatened action of the de-
PENDANTS. our Pennsylvania decisions
are very clear in cases of this nature.
I'm the case of the Wick China COM
pany, appellant vs. w. X Brown and
others, l64 Pa, 449, it is held that a
preliminary Injunction will be awarded
and should not be dissolved after hear
ing where it appears from the bill and
injunction afiidavits that the defend
ants, striking employees of the plaintiff,
refuse to permit other persons to work
for plaintiff and that they endeavor to
accomplish their purpose by threats,
menaces, intimidation and opprobrious
epithets addressed to plaintiffs officers
! and workmen, and by gathering in
, crowds at plaintiffs place of business
and at boarding houses of their work.
! men and by following the workmen to
and from work, stopping them on the
{ highway and holding them up to the
/ ridicule and contempt of bystanders
In Murdock, Kerr g. Co. VS.. Walker
r and others, appellants, 152 Pa. 595, the
court holds that a court of equity will
: restrain by injunction, discharged EN-
= ployes, members of union. from gath
Z ering about their former employer
place of business and from following
Z the workmen whom he has employed
D I'm place of the defendants anC
= from interfering with them by threats
Z menaces, intimidation, ridicule and an
!, noyance on account of their working
= for the plaintiff. The law of our high
h est courts is the law as laid down II