The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-08
Another Injunction Case.

~ Just been made by Judge
4 n Patton, of Kittanning. The
facts upon which it was
based were as follows. In Gilpin town.
ship, Armstrong county, Major j. &.
Beale owns a small soft coal mine. In
June some of the miners employed in
1t went on strike, and their places were
taken by other men. In July the Black
Diamond brass band Of 13 pieces, under
the direction of Uriah Bellingham, an
official of the United Mine Workers,
went into camp near the mine and when
the miners who had refused to strike
or who had taken the vacated places
started in the morning toward their
work, and at night when they returned
from work, this band appeared on the
scene playing it's loudest, drawing
crowds and causing excitement and
disorder. The workmen We're ridiculed,
tin horns We're blown at them by men
in the crowd and epithets and cat calls
filled the air. The members of the
band were arrested and, in default of
fine, sent to Jail for disorderly conduct,
whereupon Bellingham secured another
band to do the same work. AT this
stage the state courts were appealed
to and a temporary injunction was is
sued restraining such interference. In
making it permanent Judge Patton laid
down these principles of law:
'If there is any question settled In
Pennsylvania, by an unbroken current
OF decisions, it is that when new men
employed to take the place of strikers
are on their way to work their time
cannot be lawfully taken up and their
progress interfered with by the strikers
on any pretense, or under any claim
of right, to argue or persuade them to
break their contracts. At the same
time it is the undeniable right Of work.
ingmen to organize into associations,
and that 1t is the right of the members
of such associations, either as individu
ais or as an organization, to cease to
work for any employer and to use all
lawful and peaceful means to induce
others to refuse to work for such en-
ployers is equally we'll founded. But
the members and the association have
no right by force, menaces or threats
to attempt to prevent men who belong
to no association from working upon
such terms as they may be willing to
do. When any number of men SO con-
duct themselves as to commit con-
tinuing trespass or become nuisance,
they may be enjoined.
1.-THE admitted purpose Of the leaders
of the bands was to persuade the men
to quit work. The undisputed testi-
mony is that some of the employees of
of the music. Certainly nothing could
be more annoying and calculated to in
timidate than to be followed by hos
tile brass band, which would naturally
attract an idle, curious and inimical
crowd, prone to laugh and jeer, and
which did bawl, blow tin horns, call
OUT opprobrious epithets and indulge
in ,unseemly conduct This conduct
persevered in day after day became a
continual nuisance. and If not prevent
ed would certainly lead to riot and
bloodshed.
I'VE think the opinion of Justice
Mitchell. speaking for the Supreme
court, in O'Neil VS.. Behmand, applies
we'll to this case: The strikers and
their counsel seem to think that the
former could do. anything to attain
their ends short of actual physical vio-
lence. This is a most serious miscon-
cepuon, The arguments" and per
suasions' and appeals" of hostile
andidemonstrative mob have potency
over men of ordinary nerve which far
exceeds the limits of lawfulness. If
they desired in good faith to meet
peaceably and lawfully for their own
business, they should have selected an
other place sufficiently remote to be
free from excitement and crowd"
Thereupon Judge Patton made per-
manent decree enjoinlng the defend
ants, the members of the bands, and
Bellingham. the labor leader, from
"any and all interference with the busi-
ness of Joseph G. Beale or the Beale
coal works and with his workmen
now or hereafter to be employed, and
from following any of said workmen
to and from their work. And the said
defendants are enjoined from all man
Ger of threats, menaces. intimidation,