The Birmingham age-herald., 1902-08-04
JUDGE LECTURES
 ON GOOD BEHAVIOR
Keller Points Out Meaning of
 InjunctiOns Against Unions
THEY MUST NOT TRESPASS
Neither Can They Scare Men at Work. Draws No Positive Line for sNearness" In lntimida-
 ton Conduct.

Charleston W. Va, August 3-The trial of John Richards and others charged with contempt of court came to a close yester- day. Judge Keller set August 12 as the date for arguments. All the defendants were released on their own recognizance until that time. Before adjourning court Judge Keller called the numerous defend ants before him and delivered a lecture on the question of proper behavior while injunctions are pending. It forecasts his decision. In the course of this lecture Judge Keller said:
 "A great deal has been said about the efforts Of certain people to leara the ex- tents of certain injunctions and what they mean and the inability on the part of some to get anything with regard to them beyond the fact that they were not to trespass upon MT. Collins property Now the trespass notices had that effect Any man has the right at any time to post trespass notices upon his property and to require all persons to seek permis- sion before they go upon his property He does not need the aid of the court for that purpose.
 Different conditions make difference in the rights of all of us A small as- semblage of persons seeking peacefully and peaceably to gain lawful and right eous end may do things which large body of men with ostensibly the same purpose have no right to do for the req son that that body of men may overawe and does overawe in many instances, oth- CT people who have rights that must be respected.
 Now, under ordinary circumstances the question of the number of men assembled together for what to them is a lawful purpose, has little to do with the rights of other people, but under conditions like these which have been shown to exist at the present time, people are more or less disturbed They know that there Is a difference of opinion between certain men who are laborers and who have a perfect right to thcir opinion and a per- feet right to organize to the fullest ex- tent to gain what they consider are their rights. There are certain other people who do not think as they do. When those conditions exist, we cannot disguise the fact that the parties who think different ly necessarily draw more or less into par. ties. They consider those who think as they do their friends, and those who do not think as they do, more or less their enemies. For that reason it behooves men, whether there be injunctions of no injunctlons, to not notice whether there has been trespass notices at a time like that to give no occasion for suspicion of their good intentions.
 As to facts alleged to exist, when this bill was sworn out the court knows nothing. It presented such a state of as. fairs as in the belief of the court at the time, authorized and required it to issue an injunction. That injunction was not designed to restrain any lawful right of any United Mine Worker under the circumstances that then existed It was designed simply to protect the rights of the persons who desired to peacefully labor. The question and the hard question for you men to solve, ard for the court to solve, is as to what you may pre- cisely do at any given time without vfo- lating the rights of those men Svho de- sire to peacefully labor.
 Tt Is hard matter for the men to de- fine that in advance. you can readily see. The court says in its injunctions that you shaii not make them afraid; that you shall not intimidate those men. The court practically goes further It has the right to if the circumstances are properly made in the bill and says you shall not force persuasion upon them un- der these circumstances.
 NOW dt any time that you meet these men In the ordinary course. you have the right to persuade them to join your union-a perfect right. And If you can show to them that it is to their interest 10 join your union, why do 1t. You have no right In any way to make those peo- pie think your way, because they do not quite think 1t safe to think otherwise.
 NOW that, in a general way Is the limit of this thing. take 1t, men that you know that when large body of men get together with the most peacefully declared purposes in the world, they have been men among them who have maoe and are making threats, and they get close to smaller body of men who do not think as they do and are at work, and there hold ratification and rejoicing meeting of their own side. such who desire to go on with their work. that a small gathering, peacefully persuad- ing would have.
 Now. the point of the 'nearness.' There Is no line; the injunction lays down no line, but 1t does say that you must not get cloSe enough and act in a body in such way as to intimidate or interfere with those people who desire to work. In other words, you must not make them afraid; you must not do things that will cause them to fear the consequences. to leave their work or to be deterred from doing their full duty, as they may see if
 "I say these things, not as indicating of any view that I may hold with regard to what has been done I thought if well enough to say in a few brief words to you what conceive to be the trua rule Of the interpretation of these iniunc- tons. It is not an Interpretation, it is only a rule"