The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-07-17
Judge Golf Says Judge Jackson was
Without Jurisdiction in the Celebrat-
ed Kemmerer-FIaggerty Case and
Dissolves Injunction Against Justices,
Constables, Miners and Organizers
and Disnisses the Bill,

Final disposition of the celebrated
strike case of NJ. S. Ksmmerer ct al.
against Thomas Haggerty and others
s4vns made by Judge Nathan Coli IN
chambers here Saturday evening IN
United States Circuit Court. The
Injunction granted by Judge John
4 j.. Jackson, before he retired from
the bench was dissolved and the bill
OF complaints dismissed, Judge Golf
deciding that the federal court was
without jurisdiction.
Ut was in this proceeding that
honlas Haggerty, Bernard Flaher-
y, John Noon, two Justices of the
peace and three constables were ar
rested for contempt of court by
Judge Jackson, who had the defend
ants imprisoned.
Judge Goff's opinion, holding that
the court was without jurisdiction in
the cause, places the imprisonment
as false and the defendants have in
sStTtrted actions in the circuit court
81 Preston county for damages of
900 each for false imprisonment
against the plaintiffs in the iniunc-
t7o1i suit, who include the Pennsyl-
onseii dated Coal Company
df3teffs7al1a others OF Graf
Golf IN del the o2Ejp q
ion said in full:
This case has been submitted on
comp claimants motion for a perman-
ant Injunction, as also on defend
ifs motion to dissolve the restrain
Sng order issued herein by Judge
jackson, and to dismiss the bill.
jonplainants allege that they are
citizens and residents of the State OF
Pennsylvania, and that the defend
ants are citizens and residents of the
State of West Virginia. Tho
pennsylvania Consolidated Coal
Company. one of the defendants, is
Il corporation organized under the
laws Of the State of West Virginia,
and is engaged in business in the
Counties of TAYLOR and Preston in
that State, where it owns and oper-
eates araextcnsive mining plant. The
compliments allcge that they ara
the owners of sixteen thousand dol
lars OF the capital stock of said COM
pany, each of the four complainants
owning more than two thousand
dollars in their own right. II is
charged in the bill that the defend
ants Haggerty. Noon, True and
others-their confcdcrat2s and asso
ciates-are members of an organ
ization known as the United Mine
yYorkes Of America, which they are
said to represent as organizers
That said defendants are interfering
with the employees and servants OF
said coal company in the discharge
Of their respective duties, and that
they are endeavoring by threats. in
Emulation and violence to prevent
them from working and from keep
ing said plant in operation; that
sunless said mine is kept going and
its miners permitted TO work, the
property of the company will he de-
stroyed. and that the interests there
in Of the compliments will be rom
dered valueless that the defendants
mentioned and others are detcmino,t
in fheir efforts 10 compel the miners
enlplov1d by said coal company to
Join the organization referred to-,
using for that purpose force and
f,,1ents that their object is to bring
about what is known as a Strike
and thereby close the mines of said
company; that in such efforts they
have been partly successful and have
u n certain degree interfered vita
The Working of the mines; and will
If permitted, close and destroy the
same; that said defendants are in
solvent and cannot be made to re-
spond in damages in court of law
for the injury that they have done
and are doing TO the property of
said coal company.
ssThe compliments also allege tlat
they duly prepared and caused to be
presented 70 the president and board