Gilpin observer., 1905-04-06
Judge Overs Decision.


Judge Overs has overruled the de-
murrer in regard to the injunction
against the card system, filed by the
Leadville Mine Operators Association.
in overruling the demurrer Judge
Overs says:
Our Supreme Court decided in
gambling case which originated in this
court that gambling being serious
crime could not be prevented by in
junction. In recent cases that court
held that injunction will lie to prevent
the crime of ballot box stuffing. l am
constrained to adopt the more recent
holding of the court as the law at least
until such time as the tribunal shall
again reverse itself.
Combinations such as the mine
owners union are not unlawful, so long
as their purpose is to foster the law
full interests of their members, but
when that purpose is the interference
with the rights of others, such combin-
alton becomes conspiracy and may
be dealt with as such.
1T is charged that one of the pur-
refuse to employ members of the fed
Grafton unless they withdraw from the
same.
Few people have the means or
knowledge to better their condition by
moving elsewhere, or the choice OF
anything but to continue the work
they are doing. The labor time of the
wage worker. like a perishable COM
modify, must be sold at once or lost
to him forever. He is, therefore, not
free when standing alone to hold back
for better terms or conditions than the
employer offers.
Nothing is more abhorrent, not only
to formulated law, but as well to our
innate sense of justice, than that the
interests of individuals should be SUBJ
jected to the dictation and control of
voluntary and Irresponsible organiza-
ton. Members thereof induced by
pressure or threats open or covert. pos
sibly against their own inclinations
and interests, from employing man
because he belongs to an organization
which the law does not regard as un-
lawful, are aiding in deranging the
mans affairs. probably also in impair
ing his estate and undermining his
credit
This is done at the instance OF
body of men who have no shadow OF
right to control his lawful acts. and
which says you shall discharge men
you now employ and you shall only
employ such men as We approve. Tho
law will never be well administered
until it affords due and adequate pro-
lection against wrong growing out Of
such interference with the rights OF
others. Can it be said that while there
is law to punish the starving man
who steals bread there is no law to
punish the criminals who rob you OF
your means of livelihood, who by i'm
posing conditions your manhood re-
volts at. cut your business from under
your feet?
"The allegations OF the complaint.
admitted to be true, show an abuse OF
power and an iniquitOus use OF oppor-
tunity and advantage in business by
defendants. These wrongs should be
judged by the same standard when
they are the work of those arrogating
to themselves superiority in the walks
of life as when perpetrated by insig-
nifcant individuals in small affairs"
We believe. however, that this ruling
of Judge Overs will have little prac-
tical effect. The injunction was
granted by Judge Overs some months
ago against the card system. AS
mater of fact 1t is perfectly well un-
derstood that man who has not got
card finds 1t difficult to get employ
ment. He may not be asked to show
it, and yet a miner finds unless he has
a card or its equivalent, that he Is very
unlikely to get MISUNDERSTANDING
Reporter.