The Minneapolis journal., 1902-07-25
A BLOW At UNIONS
Judge Jackson on Government by
Injunction.
LABOR MEN ARE SENTENCED
The Judge Calls Walking Delegates
''Vampires'-The Cases Will
BE Carried Up. .'r


Parkersburg, w Va, July 25.-A federal
fudge yesterday declared labor union or
ganizers vampires and "pernicious
busybodies.'
Judge Jackson, in the United States
district court, held Mother" Jones and
seven other organizers Of the United Mine
Workers and a number of Hungarian
miners guilty Of contempt in violating an
injunction order Of June 10, and passed
sentence on them of from sixty to ninety
days in jail, with the exception or
Mother Jones, who, because she was
posing as a martyr" he would not send
to jail or allow her to force her way
into Jail"
The defendants were surprised and ex-
press themselves bitterly.
Counsel for the imprisoned miners are
preparing for habeas corpus proceedings
In the United States court OF appeals at
Richmond, Va, alleging Judge jackson
had no jurisdiction.
Haggerty, who was sentenced to nine
ty days imprisonment, was an organizer.
He lived at Reynoldsville. Pa. Rice and
Morgan are also organizers and members
of the board of United Mine Workers.
Rice lives in Dubois, Pa, and Morgan in
Massillon, Ohio. These organizers and
others were working with the miners of
West Virginia when Judge Jackson is
sued his order. The prisoners have been
dozen or more counties. In giving his
decision Judge Jackson said:
What is an Injunction? Is it the exercise of
an arbitrary power by the courts Of the coun-
try, or is it a power that has been recognized
from very early date one of the branches
OF administrative justice? / answer this
question by affirming that the ordinary use
OF the writ Of injunction Is to prevent wrongs
and injuries to persons and their property or
to renstate the rights Of persons to their
property when they have been deprived OF It,
1t is the most efficient, If not the only, rem
edy to stay irreparable injury and to punish
those who disobey the order OF court grant
ing the writ. In the language of the text
writer's, II is prohibtory and restitutory.
similar writ to this was in use in the
days Of the Roman empire. and has always
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 govern
ment. It is a mistaken idea to suppose that
the courts of this country ill-use this writ.
In my long experience on the bench I cannot
Yecall single occasion when any court,
either federal or state, either abused it in what
are known as strike questions. 1t is true
that our courts have been criticized severely
by persons who are inimical to the use Of it.,
and have denounced the courts for governing
by Injunction But this criticism is so OBJ
viously unjust to the courts that it is un-
necessary to enter into defense of them.
I do not question the right of the employees
OF this company to quit work at any time
they desire to do 50, unless there Is con-
tract relation between them and the employer,
which should control their right to quit At
the same time do not recognize the right Of
Al employer to coerce the employees to con-
tinue their work when they desire to quit.
While I recognize the right OF all laborers
20 combine for the purpose of protecting ale
their lawful rights, ! do not recognize the
pei laborers who not dissatisfied with
their work in the mines to lay down their
picks and to quit their work without just
or proper reason therefor merely to crafty
professional set of agitators. organizers and
walking delegates who roam all over the
country as agents for some combination, who
arc vampires that live and fatten on the hon
est labor Of the coal miners Of the country,
and who are busypodies, creating dissatisfac-
tion among a class Of people who are quiet,
we'll disposed, and who do not want to be
disturbed by the unceasing agitation of this
class Of people.
In the case we have under consideration
these defendants are known as professional
agit ators organizers and walking delegates.
They have nothing in common with the people
who are employed in the mines Of the Clarks-
burg Fuel company.
The strong arm of the court of equity is
invoked in this case, not to suppress the
hibt these defendants, whose only purpose is
10 bring about strikes by trying to coerce
people who are not dissatisfied with the terms
of their employment, which results in infict-
ing injury and damage to their employers as
well as the employees.
The right of a citizen to labor for wages
that he Is satisfied with is a right protected
by law and is entitled to the same protection
rs free speech, and should be protected be.
cause Of the abuse of free speech in which
the organizers and agitators indulge in trying
20 produce strikes.
The court then referred to mother
Jones speech near the Kinnikinnick
mines, saying her utterances were the
eutgrowth of the sentiments Of those who
believe in communism and anarchy.
Chicago, July 25.-President John
Mitchell of the United Mine Workers
said that the decision was an outrage
and that it would take away from citizens
ali the rights and privileges guaranteed
Dy the constitution and would shake the
confidence of the people in the stability
of the judiciary. If this confidence were
entirely sacrificed, he said, the govern
nent itself would be in jeopardy, for or
the equity of the courts the integrity o.
the nation dependes.
President Mitchell added that Judge
Fackson's decision would be laid before
President Roosevelt at once with protests
and that the president would be asked tt
intercede in behalf Of American citizen
ship The cases will be carried to the
United States supreme court.
Fhe Most Handsomely Furnished