The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1902-04-03
CONTEMPT
PROCEEDINGS.
OPINION OF U. S. COURT.
United states VS.. VIM. Weber

The defendants Weber and Haddo~
have been attached aud brought before
tle Court ON a charge Of AiolatiSns Of
orcers Of this Court INSIDE ia the case OF
Aost3R Trust Co. "a. Virginia Iron. Coal
& CoA~ Co.
The defcndauss Tom Bralev. csss Bra
ley and David CiarksoH have been sum
moned bv rule 10 show cause why they
shoaid not he held guilty OF contempi for
violation Of these seine orders
All the defendants have in effect denied
the charges msde against them.
Both the attachment and the rule we've
issued upon Information contained in a
verified petition filed by The receivers APP
pointed in the above named cause.
u i well in the outset to state that the
court fully recognizes The limitations on
lis powers as 10 contempts committed
neither in The presence Of the court nor
so near thereto as to ohstruct the admin
istration 90 justice fR. ). 725l. That
there must have been dis0bedicuce of, or
resistance TO, some order Of the court Is
essential 20 constitute contempt IN the
case at bar.
BY the FIRST order entered ia the case OF
Nofton Trust Co. vs.. Va. Iron. Coal q
Coke Co, The receivers thereby appointed
we're directed 20 take possession Of and 20
opgrate The rropcrtieso of tue defendant
company.
BY an order entered hv the late Judge
Paul. on Fehy. -. 1901. contain named
persons mot including any OF these de-
fcndantsl and "sll other parties concerned
whose names be hereafter asccrtaiued'
we're cujoincd from entering upon the
property ofthc virginia Iron, Coal and
Coke Co. fr-m %iresrassing thereon and
from iutmiitting or coctcing. cor attempt
ing 20 iutimidatc or cocfcc. or Goo any
manner interfere with the employees of
said receivers rim intent 20 induce than
fo fHtfNe strfirr ~ said rcccirers, and
from entering into any conspiracy or COM
hinatiou for the rurpose of hindcring or
ol'sfructing che said receivers Boz The opcr-
alton oi thoir business az She "Looues
Greek Lease"
The Looney Creek Lease Is the same
operation thatis now alleged go have been
obstrucied and crippled by The acts Of
these defendants.
AS Co Che last mentioned order. The
point is made hv counsel for the defend
ants tHat, as the order vas made hy a
District sudgc, DO ceased Co hc operative
long before thc acts here complained OF
are alleged to have been committed. hc-
cause of See. 7I9 r. S..
The statute referred 10 was intended Co
limit ODE lic OF iniuuciions issued hy dis-
trict Judges. acting as judges OF the Cir-
emit courts. only WHOM issued iu vacation
ID Bates Fed 20 Proc sec. jos. Goodyear
60. ~. ful.om. 9 Fed. 50g.
Aud, upon enquiry oi the clerk at
Abingdon, whcrc this cause is dockctcd.
Do appears that tho October term. 1900. OF
ui ifr circuit court Was adjourned sine die
600 nct DEB, 1900. The next regular term
There commenced hy law 300 MAY. 1901.
10 follows therefore Chat said order
ceased to Pee effective before thc -ommis-
sion ui ODE acts here complained of. Aud
consequently che .aid order De- not of moe
mont in fnl. discussion, except Boz $50 Cor
as 20 served as "a warming that thc plant at
lnman ua. under tho charge CT The court.
and that Interference With che EMPLOYEES
Uiih intent o. induce them Co quit the
s%erfIco. or iutimiaatinc them Goo ihat end.
bad boon regarded hy che Court a- d viola
zion ul it- orders.
With thc petition for thc attachment De-
oiled, as exhibit a, a. printed poster giving
Or effect ihc terms ol che above order 30
afHctfs Chat MANY copies ot this poster
hal Nrcn rHnsriruuu.IY displayed. and
That tNr defendants Weber aud Hnddow
Snow if- contents. Do fact Haddow fcsfI-
hci Chat Be-, snow tho forms oi toe poster
30 thoroughly that Doc could repeat DC
almost verbatim.
''''' one OF the circuit
'''l' -"'a in .ficr nN
'N' rhef ana h"ddoN'
''' "''e',N i $40" cause Why
'"'-.' N'l ', attached ior contempt
At''" ,'"i 'o i"iciicte WIN the cone
'"' business the receivers ia
.t O.. iN' properties en-
'' 'N'" N'n1- 'l former orders o'
''oe'iui 'ihAt the enc
'-'" ''''l'ef- De enjoineo irnni
aug agreeing VAN an. person
'h "tlemp'ins ID
woo 'Ne e,"lne' "l 'he business
'Ne meantime qua
''-,' " inns court tNa'
4'11'" ""1 "tNc' uesist from
WIN 'ae employees o'
. 20 'H'o' 'ne conduct
%. '.e receivers
'S'''a D" pursue
'''''' as served on tue de-
s. ."u A"'"i'use Oh ine con-
b i"N "tN appears 90 nave been