The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-06

- - various 1nJunct1OnS issued
by Judges Jackson and
Keller of the federal courts in connec-
tion with the mine strike in West Vir-
ginia. The injunction of the latter
Judge simply forbade the commission
of acts of trespass or intimidation and
the judge has himself explained it's
scope and purport in these words:
There are occasions under which we may
do many things that under different cir
cumstances, at other places and under
other conditions, we may not do. A small
assemblage of persons seeking peacefully
and peaceably to gain a lawful and right
eous end, may do things which a large
body of men, with ostensibly the same
purpose, have no right to do, for the
reason that that body Of men may over
awe and in many instances do overawe
people who have rights that must be re-
spected. If l step up to one of you men
and in pleasant and respectful way
say: II wish you would give me your
money and your watch" 1t is not likely
to terrorize you at all. If I have 500 men
at my back and I say in the same tone:
II would like to have your money and
your watch" the effect upon your mind
is very different Although I may use
words of conciliation, and although 1
Hldy HOL utter d Single against
you, yet the very fact of my having these
men at my back makes different i'm
preston upon your mind AS to facts al
legged to exist when this bill was sworn
out, the court knows nothing. The bill
was sworn to-it presented such a state
of affairs as, in the belief of the court
at the time, authorized and required it
to issue it's injunction. That injunction
was not designed to restrain any lawful
ri oh of
the circumstances that then existed; it
was designed simply to protect the rights
of citizens who desired peacefully to
labor. The question to solve is as to
what precisely you may do at any given
time, without violating the rights of
those men who desire peacefully to labor.
The court says in the injunction that
you shall not make them afraid, that you
shall not intimidate those men. The court
has the right to go further if the cir
cumstances are properly made in the bill,
and say you shall not force unwholesome
persuasion upon them under those cir
cumstances. AT any time that you meet
these men in the ordinary course, you
have the right to persuade them to join
your union. a perfect right, and If YOU
can show to them that it Is 20 their in
terest to join your union, why do it. You
have no right in any way to make those
people think your way, because they do
not quite think it safe to think other
wise. The Injunction says that you must
not get close enough and act as body
of men, in such way as to intimidate or
interfere with those people who desire
to work. In other words, you must not
make them afraid; you must not do
things that will cause them to fear the
consequences, to leave their work or to
be deferred from doing their full duty as
they may see it.
The erroneous report went forth that
Judge Keller had denied the right of
agents of the miners union to distrib-
ute relief among men on strike. There
was no mention whatever in the in
junction of the subject of relief. The
whole tenor of the order of court was
to defend the right of men without
molestation to work il they saw fit,
and to prevent strikers from interfer-
ing to their annoyance or injury.
In the case of Judge Jackson-who,
by the way, is the oldest judge on the
federal bench, having been appointed
by President Lncoln-the order Of
court was similar in character but
expressed in language far from judi
cial, and carried to what many believe
is an unwarranted extreme. The facts
were that the United Mine Workers
had sent organizers into the West Vir-
ginia coal fields to induce the majority
of miners, who wanted to work, to so
on strike. In this work the organizers
used methods now familiar in the an
thracite region-meetings, marches,
persuasion, picketing and various 9TH
er forms of animated solicitation. The
injunction served upon these organizers
warned them not to interfere with the
men at work "either by menaces.
threats on any character of intimida-
tion." They We're ordered not to tres
pass upon the property of the mine
company for the purpose of holding
meetings, "or in any wise molesting,
interfering with or intimidating the
employees" They were ordered not to
assemble sin or near the paths, ap-
proaches and roads upon and near said
property along which the employees are
compelled to travel in going to and
from work" They were ordered not to
assemble together in camp or other
wise at or so near the entrances to the
mines or the homes of the employees"
so as to prevent them going to work,
etc.
Substantially the injunction was in
line with numerous precedents having,
in the Debs case, the support of the
United States Supreme court. Had IL
been couched in judicial language II
would probably have excited very lit
tie attention outside the circle which
it directly affected. But Judge Jack
son is an old school judge. who has
made 1t a practice to speak his mind
emphatically on every subject coming
before him, quite regardless of conse-
quences, and in the course of his de-
liverance he used these words;
While | recognize the right of all Ia