Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-07-29

Sohi1Su ldDOI.
In conclusion the judge held that
all the defendants had violated the in.
junction and were in contempt of
court
The decision is a severe blow to
the miners union and may assist in
breaking the strikes in West Virginia
and Pennsylvania.
Orders Arrest of Wilson.
Judge Jackson also ordered the ar
rest of w. B. Wilson, secretary of the
United Mine Workers, second to Mitch
ell in the organization who has also
been held in contempt, but who is at
his headquarters in Indianapolis. Dis
trict Attorney Blizzard today filed an
affidavit that Secretary Wilson VIC
lated the restraining order by making
an lnf1ammatory speech at Clarksburg
on July and another at Fairmont on
July 8, and asked the court for his ar
rest. Judge Jackson made the order
that Wilson be arrested and brought
within the jurisdiction of his court. In
handing down his decision Judge Jack
son scored the agitators.
All guilty or Contempt.
Judge Jackson held that all the ac-
cused We're guilty of contempt in re-
fusing to obey the injunction issued by
him on June 10, which restrained min
ers or organizers from interfering with
the workers at the Kinnikinnick mine
OF the Clarksburg Fuel company or
holding meetings or creating demon.
.Sfr9finng tho mil,
residences of miners at work there.
Refuses to Sentence "Mother" Jones.
Judge Jackson suspended judgment
in the case of Mother Jones. He
stated that she had been found guilty
of contempt, "but as she is posing as
martyr, | will not send her to Jail or
allow her to force her way into iail )"
He said he would hold conviction over
her, and if she again violated the in.
junction he would sentence her heayi
ly.
Thomas Haggerty was sentenced to
ninety days and five others sixty DAYS
each in the Parkersburg Jail The
twent-four Hungarians claimed thew
had not understood the injunction, and
were released upon the promise not to
violate 1t again. The Austro- Hungar-
ian consul at New York was here TO
represent them.
Thomas Haggerty is prominent or.
ganizer He lives at Reynoldsville, Pa.
Rice and Morgan. two other of the
prisoners, are also organizers and
members of the board of united mine
workers. Rice lives in Dubois, Pa. and
Morgan in Massillon, o.
Prisoners Will Appeal.
The defendants were surprised at
both the decision and the sentences
and expressed themselves bitterly
Counsel for the imprisoned miners are
preparing for habeas corpus proceed.
ings in the United States circuit court
of appeals at Richmond, Va, alleging
Judge Jackson had no jurisdiction.
Upholds Right to Enjoin.
Judge Jackson, in handing down his
decision yesterday, said:
What is an injunction? Is it the ex-
ercise of an arbitrary power by the
courts of the country, or is it power
that has been recognized from an early
oab0 do Vic VI ltiG DIducH6S OF admin
istrative Justice? l answer this cues.
ton by affirming that the ordinary
use of the writ of injunction is to pre-.
vent wrongs and injuries to persons
and their property, or to reinstate the
rights of persons to their property
when they have been deprived of it.
1t is the most efficient if not the only
remedy to stay irreparable injury and
to punish those who disobey the order
"In the language of the text writer's.
it is prohibitory and restitutory. A
similar writ to this was in use in the
days of the Roman empire and has al
ways been in use in England from the
foundation of the common law. 1t has
been in use in this country since the
organization of the government.
Courts Do Not Abuse Writ.
at is mistaken idea to suppose
that the courts of this country abuse
this writ. In my long experience on
the bench l cannot recall single oc.
casion when any court, either federal
or state, ever abused it in what is
known as strike questions. 1t is true
that our courts have been criticized Sc
verely by persons who are inimical to
the use of it and have denounced the
courts for governing by Injunction.
But this criticism is SO obviously un.