The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-04
STATEMENT MADE BY THE COURT
ATTORNEYS FOR BOTH SIDES Salts
FLED WITH THE WORDING.
Judge Explains Meaning of the Word
"PersuasiOu" Afidavifs i'm
Contempt Proceedings.

W. b. COnkey printing plant at Hammond
as a temporary injunction. When the court
convened yesterday morning the attorneys
representing the Conkey Company and the
strikers informed the court that they had
agreed to a continuation OF the temporary
restraining order as a temporary injunction.
Judge Baker insisted that the order be
read, saying that ii had been claimed that
it was open to a construction that did not
occur to the court on reading 1T before 1t
was signed. IF there is any doubt about
it." said Judge Baker, Il want that doubt
removed"
Attorney A. r. Knots, representing the
defendants, said that in so far as his clients
were concerned they were willing that the
court should make such an order as he
thought best under all the circumstances.
Judge Baker replied that the purpose of
the court was to grant just such relief as
under the law of the land the ag~grieved
party shows that he is entitled to, and
nothing further. IF the order properly
construed" said Judge Baker, undertakes
to enjoin people from talking with each
other in a peaceable. orderly way, and in
a peaceable, orderly way trying 10 per-
suade men to join the union or to refrain
from joining it. that is not the purpose
of the court. The court disclaims any au-
thority TO do that"
CORRECT INTERPRETATION.
Mr.. Knots assured the court that he had
not so construed it. He then referred to
the contempt proceedings. which the court
had set for hearing yesterday. He said the
parties were before the court, but that the
affidavits which had been filed charging
them with contempt contained allegations
which they were not prepared to meet. He
said at least 50 per cent. of the parties en-
gagged in the controversy at Hammond
were now in Illinois, Tennessee, New York
and all over the United States, and the de-
PENDANTS would like time TO get their affi-
davits. In referring to the affidavits which
had been filed against the defendants in
the contempt proceedings Mr.. Knots said
there were many of them that seemed
strange to them, and that he thought If the
defendants had the opportunity to cross
examine the witnesses they might be able
TO purge themselves of any contempt of
court.
After a moments reflection Judge Baker
announced that he would continue the con-
tempt proceedings until Oct. 20, and that
the temporary order might stand until that
time, although he would prefer to have
counsel on both sides discuss the form of
the order before making it a temporary in
junction. Mr.. Morris, one of the attorneys
representing the Conkey company, said he
was ready TO read the order, and in addi-
ton, If the court desired, he would cite the
opinion Of federal judges and judges of
other courts upon the precise language en-
ployed in the restraining order. At this
point MIR. Noel, representing a part of the
defendants, said that he wanted TO assure
the court at the outset that he had made a
pretty careful examination of the decisions
of the Supreme Court of the United States
and other decisions, and that he found de-
of the injunction. IF we had felt
that we would be entitled to a
modifcation Of this order" said Mr..
upon consultation We decided not TO do SO.
There is, however, one use of the word
persuasion which some people think is
comprehensive, but we were unable TO con-
strue the use of the word in that way"
THE WORD PERSUASION
Judge Baker said that he recalled the
word persuasion in the order, but on
one reading Of it it had occurred to him
that the word persuasion was used in
connection with other modifying words, so
that it could not be fairly construed as
interfering with the ordinary conversation
that people decently and peaceably carry
on with each other. 1t certainly. he said,
was not intended to do anything of the
kind.
The court disclaims any power to do
that" said Judge BAKER, although / can
well see that the word persuasion may
properly enough be used under many cir
cumstances with reference to the conduct
" x ONdlu CdGh lAAC 0uDDOSG Il
should insist on going into your house and
trying TO persuade you wife that you were
a vile man, and that she ought to leave
you; that IL she would do SO | would make
such ~pecuniary arrangements as that il
would be much better Tor her than to con-
tinue with you. Now, / should consider
that a great invasion of the marital rights
and think there ought TO be some power to
prevent it. 1t is an injury to your home. to
your character and TO your social standing.
Our national government was formed
and the war OF the revolution WAS fought
on the theory that men had the inalienable
right to life, liberty and the pursuit OF hap
piness, and the right TO labor involves the
last two and perhaps all of them; because
If a man cannot labor he is liable to starve.
1t certainly interferes with his liberty and
his pursuit of happiness. 1t is a singular
thing that it has happened that trusts and
monopOlieS organized for the purpose of
controlling the manufacture and sale of
commercial products of the country nave
sometimes engaged in vindicating the most
sacred rights of men.
! y DANGEROUS PHASE.
I'm my opinion one of the most dangerous
phases of social life is exhibited in the in
reference with the God-given and inalien-
able rights Of a man TO work for whom he
pleases and at what wages he pleases. pro-
vided il is a lawful employment, and that
the violation of this right is tolerated with
out a word OF rebuke from the public or
from the press. Every day we sit by and
see men outraged, prevented from working
because they will not join in a strike or, be-
cause they will not join a lodge or union.
That sort OF thing is simply despOtiSm, and
no right-thinking man ought 10 think of OBJ
jecting TO a court issuing an order notifying
men that they must observe the law, that
they must not invade the inalienable rights
of others.
9TH only thing that this order forbids.
said Judge Baker, in conclusion. after nav
ing heard Mr.. Morris read the order, lis
Interference with men who are employed
and are seeking employment with the w.
Il. Conkey Company. Inc only thing at all
suade men TO do II while men are working
there and continuing I'm the service of
Conkey. they are forbidden 10 try to per
suade those men to violate their duty by
refusing TO do their work as it ought to
be done. or to perform their duty while
they are in the employ of the Conkey
Company.
ATTORNEYS SATISFIED.
At the conclusion of Judge Bakers re-
marks the attorneys of both sides assured
the court that they were satisfied with the
construction he had given the order and
had no objection TO il standing as it was.
Mr.. Knots told the court that a misunder-
standing had arisen by some of the people
at Hammond thinking that they were for
hidden TO persuade people TO quit work.
but that il had never influenced his judg-
ment about the matter, and he did not be-
lieve that 10 had any detrimental efec.
Judge Baker said he thought never en-
tered his mind of undertaking 10 enjoin the
defendants from trying TO persuade other