The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1902-08-08
.SUgTAINS JUDGE JACKSON
AND RBMANDS THEM
Reviewing Judge Passes Only Upon the Jurisdiction
4 Of Judge Jackson and Not on Facts in the Case
the Only Point at Issue Being Jurisdiction OF
the Federal Court No Further Action.

a writ OF habeas corpus was issued
last Friday afternoon by Judge Ma
than Cioff in the case Of the impris-
oned strike agitatos, upon appllca-
( tiofsot Attorneys John J. Conih, OF
wheeling, and a. G. Flckeson, OF
Pennsylvania, representing the United
Mine Workers Of America. The writ
directed United States Marshal
charles D. Elliott and Sheriff j. W.
nndley. of Wood county TO bring into
court here last Tuesday the bodies Of
Thomas Haggerty, of Reynoldsyille,
pa william Blakely, Of Lenton, Ind,
william Morgan, Of Masillion, Ohio
Peter Wilson, Of Westville, H.,
George Baron, of wilkesbare, Paaapd
Andrew Raskawac, Of Plymouth, Pa,
who we're serving sentence in the
Woodcounty jail for alleged violation
az an Injunction awarded to the
Guaranty Trust Company, of New
York, by Judge JohnJ jackson OF the
federal court for West Virginia on the
10Th day OF June restraining the agi-
tators from assembling on the proper
ty Of the harrisburg Fuel Company on
the highways near or leading to the
property and from in any way inter.
ferfng with the working miners and
other employees Of the company.
n viii be remembered that Judge
sckson sentenced Haggsrty to ninety
s,ays IN iail July "a and at the same
lime gave his associate organizers and
aoitators so days each, At the same
time "Mother" Jones was found
guilty Of contempt but Judgment was
suspended in her case.
The writ OF habeas corpus was served
lon the marshal and sheriff in Parkers-
7burp Saturday and the marshal and
his deputies brought the prisoners
hsre Monday evening and took them
SC, the Walker hotel.
Tuesday morning Judge COT opened
special term Of o: his court and the
prisoners were brought before him.
They we're represented by the attOF-
news who secured the writ Friday.
The Government was represented by
United States District Attorney Reese
Blizzard, of Parkersburg, Ex-Governor
A. Brooks Fleming, Of Fairmont, and
Hons. John Basel and John w. Davis
of this city.
In onening the case Judge COT an
noupced that he owned no interest In
the coal mines in operation in this
region, but had extensive coal lands,
and. therefore, if they preferred an
other Judge, he would vacate the
bench and secure Judge for them
who had no coal interests. Both sides
were wiling for him to try the case
The attorneys announced that the
only point in issue was the question of
Jurisdiction. The attorneys for the
prisoners claimed in their petition
that the agitators were being illegally
held. Judge Jackson having no right
10 issue the injunction or Try the case.
They based this on the grounds that
the Trust Company had sought as >
pretextdiverse citizenship to get the
matter into the federal court and that
the Fuel Company should have been
made party TO thesSt and being
= party theretpthe case would
Be- in the 3uriRdiction of the fed
tourt but would be case for the
late courts. In their argument of
the case they produced several author
itles which, according to their con-
structlon, seemed to substantive
them In their claim. Coniff made a
very pointed speech aud 1t was pro-
nounced Ia
Judge -5lizzard addressed the court
at considerable length, arguing and
attempting to prove from the authorl.
tiles that Judge Jackson had jurisdic-
sion. He denied that the Clarksburg
Fuel Company was an indispensable
marty to the suit and pointed out that
the injury from the agitators' actions
was TO the Trust Company in leopard.
izing the payment Of the bonds held