The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1902-08-08
IRlT Of HABEAS CORPUS FAILS
TO GIVE AGTTATORS LIBERTY

them from unlawfully interfering
with the management OF that compa-
ny's business, and from assembling
together, and marching at or near the
mines of said company with view OF
preventing such employees from work
ing.
1t appears from the record that on
the filing Of said bill, the court issued
the injunction as prayed for, and that
1t was duly served on the defendants
the petitioners mentioned. After
wards the petitioners were arrested,
charged with violating the terms of
the Injunction, anG were after due
Investigation Of said charges by the
court found guilty OF the wlllful In
fraction of the provisions Of the in
Junction order, and sentenced for
such contempt the said Haggerty for
ninety days confinement, and the
others for sixty days each, in
the jail OF Wood county West Vir-
glnia.
Petitioners now insist that they
should be discharged, for the reason
that the court so imprisonlng them
was without Jurisdiction Of the cause
mentioned, and that Therefore its in
junction orders and subsequent judg.
ments were and now are null and void.
II that contention be sustained then
the petitioners are improperly and
unlawfully deprived OF their liberty,
and should be discharged.
am not hearing the case Of Guar
anty Trust Gov. Haggerty ct al, on
appeal, nor am 1 passing upon the
weight of tie evidence upon which
judgments OF conviction were render
ed, nor any OF the questions connected
with the trials on the rules for
contempt. Such matters can only be
considered by an appellate court, and
the writ of habeas corpus cannot be
used as as writ OF error or appeal. /
amI&herefore to consider the question
Iof Jurisdiction alone.
1t also appears from the billthat the
Clarksburg Fuel Company, on the
,2oth Of September, 1901, executed a
mortgage on all Of its property, TO the
Guaranty Trust Company Of New
York, to secure the payment of
q, 500, OOO, of which sum S1,45O, 900, is
still due and payable. 1t also appears
that by the terms of the mortgage,
the whole Of such indebtedness will
become due and payable If default be
made in the payment of the semi
annual interest due on the first days
Of April and October Of each year;
that such Trust Company is the
trustee named In the mortgage, and
that it has loaned the Clarksburg
Fuel Company $3.50, 10000 to secure
the payment Of which such company
has deposited with the Trust Com
pany 1900 OF the bonds Of the Fuel
Company OF the aggregate value OF
s., OOO, 600. 1t is alleged in the bill
that the Clarksburg Fuel Company
viii not be able TO pay from Its earn
ings or otherwise, the interest accru-
ing on its bonds except by means of
the income it may derive from the
Operations Of It's several coal mining
plants, and that if such plants be
closed or interferred with, or injured
or destroyed, such interest cannot be
paid, nor can the principal of said
bonds be discharged.
1t is alleged that the petitioners
defendants in said suit-have come
among the employees of said company
for the purpose Of endeavoring to Gre
ate dissatisfaction among them and
to induce them to engage In the
strike" prevailing among the coal
miners OF the country, especially in
the States of Pennsylvania and West
Virginia: that in furtherance Of that
object they have had large number
OF persons to march in procession near
the mines of the Clarksburg Fuel
Company: that they have held Or adj
dressed meetings, making inhama-
tory speeches intended to excite dis
like or hatred Of all persons owning
and operating coal mines, especially
Of the officers and managers of the
Clarksburg Fuel Company: that they
have caused strikers and others to
march in large numbers along the
county roads, by the residences of the
miners working In the mines Of that
company, and by and along the paths
they travel in going TO and from
work, and have threatened them. in
undated them, and fired shots from
guns and pistols until said employees
have become frightened and are
afraid to work: that employees Of such
/ Coal Company have been inundated,
assaulted and threatened because they
would not cease working for it,-and
this in an effort to carry out the de-
designs and consplracies set on foot by
such defendants; that they have es-
tabllshed camps very near said mines
for the purpose Of coercing said EN-.
ployes and forcing them to join in
such strike; that If the defendants and
their associates be permitted to con.