Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1903-11-18
Against the Miners and
Unions.
Decision to That Effect Handed
Down By Judge Sloan This
Morning.

with the operations of their proper
ties. A temporary injunction was
granted, the case was heard before
Judge Sloan some weeks later and the
decision handed down today is based
on the facts adduced at that hearing
The decision, as will be seen, sustains
every important point contended for
by the attorneys for the Mine Oper
ators Association. Messrs. Hawkins,
Ross Il Anderson we're the attorneys
for the mine operators, and the de-
cisIon of Judge Sloan reflects great
credit on the manner in which they
conducted the case and carried it to
such successful termination. The
decision is given below in full:
In the district court of the fourth
judicial district of the territory OF
Arizona, in and for the county of
.Yavapai.
Poland Mining Co., Oriental Min
ing Co., Gold and Copper ConsoIi-
dated Mining and Milling Co., Cop
per Cobre Mining Co, J. B. Tomlin-
son, Cash Mines Co., Catoctin Gold
Mining Co., Monroe Consolidated
Mining Co., White Horse Mining Co.,
Verde Chief Mining Co., The Penn
. Gold Mining Co, Pan American
Mining Co., Standard Smelling and
Refining Co., K. l.. Spencer, II. II.
Douglas, j. W. Plummer, and f. f.
Lacey, doing business as a coparter-
ship, under the name of Douglas,
Lacey II Co., IS. Carmichael, Golden
Cross Mining Co., and Poland Exten-
sion Gold Mining and Milling Co.,
plaintiffs,
Yavspai District Union of the West
ern Federation of miners, McCabe
Miners Union No. us of the Western
Federation of Miners, Walker Miners
Union No. 60 of the Western Fedora
tion of miners, Groom Creek Union
No 154 of the Western Federation of
Miners. Alfred Pain, Hugh Burns, F.
P. Starr, S. d. Murray. NJ. W. Moor
John Larson, Tom Caldwell, James
O'ConneII, r. Mccormick, Roy o.
Jones, Henry Pitts, Pat Sullivan,
John Rusk, f. 7. Dcnnelly, James
Mclaughlin and Tom Connors, de-
PENDANTS.
DECISION.
The court finds:
/.
That the plea in abatement inter
posed by the defendants is not sus
tanned by the proof, in this. that it
is shown that the plaintiffs, with the
exception of the Standard Smelling
and Refining Co., are similarly stu
ated as regards the subject matter of
the suit and have a common interest
therein; that with regard to the plain
tiff, the Standard Smelling and Re-
filming Co.. although it is not shown
that said plaintiff is similarly sltuat-
ed as regards the subject matter with
the other plaintiffs, the misjoinder IN
this behalf is immaterial and without
prejudice to the rights of the defend
ants.
The court further fluids that the
demurrers interposed by the defend
ants to the complaint herein upon the
ground that the said plaintiffs in
their complaint stated no facts show
ing a common interest in the action,
and upon the further ground that the
complain fails to state facts sufficient
to constitute a cause of action against
the defendants, are overruled.
Upon the merits the court finds;
l. That the plaintiffs, with the
exception of the Standard Smelling
and Renting Co., were, at the time
of the institution of this suit and
heretofore, engaged in the business
of operating mines and mining prop
critics as set forth and alleged in the
complaint and were at said time and |
times similarly situated as regards the !
subject matter of the suit and pos
sessed common interest therein.
,. That on about the 9th day of
June, 1903, the defendant, the Walker
Miners Union No. 90 of the Western
Federation of Miners, organized and
declared what is commonly called and !
known as a strike; that the officers |
and members of said union, for the
purpose of enforcing said strike, IN
lawfully conspired and confederated |
to prevent plaintiffs from operating |
their mines and mining properties by |
intimidation; that in pursuance of |
said unlawful conspiracy certain of |
the officers and members of said union |
did use force and did employ intimi-
dation and made threats to prevent |
said plaintiffs from operating their
said mines and the employment by
said plaintiffs of miners and others
who are willing to enter into their
that such unlawful use
of force, intimidation and threats so
made in furtherance of said conspir-
acy was with the knowledge, aid,
sympathy and encouragement of the
officers and members of said union.
3. That the defendant, the Yavapai
District Union of the Western FEEDER
alton of Miners, with the knowledge
of said conspiracy and in aid and en-
thereof, suffered, permit
ted and acquiesced in the posting,
publishing and distributed of certain
circulars or posters pur-
porting to be signed by said Iavapai
District Union, which said posters
and circulars are as set forth in plain
ifs complaint; that the defendant, !
+. 2. Starr, participated in the post
ng. distribution and circulation of
aid posters, with the knowledge, per- :
mission and acquiescence of said !
favapai District Union; that said {
Starr was at the time the business
lgent of said Yavapai District Union.
4. That the defendant, the McCabe !
Miners Union No. us of the Western
of Miners, with the know
edge of said conspiracy and in aid
md encouragement thereof, and for :
he purpose of coercion and intimida- !
ion, did cause one Pat O'Donnell, All +
,mploye of one of the plaintiffs herein, | /