Bisbee daily review., 1908-05-06
INJUNCTION IS
DISPOSED OF
BY JUDGE NAVE
Made Part of II Permanent
Brought By the E. P. & S. w.
Against the Bisbee Miners
Union.
Especial to the Review

Especial to the Review
TOMBSTONE, May 5.-The injuEc-
ton case of the E. p. & S. w. Railroad
company VS.. the Bisbee Miners Union
which was begun last spring ct the
time of the strike in Bisbee and the
Union pickets were charged vita
trespassing on the property of the rail-
road company and in which a tempo
rary injunction was granted by Judge
Doan, was this morning disposed or
by Judge Nave, who modified the tenn
porary Injunction as granted by Judge
Doan and made part of the injunc-
ton permanent. The affidayits Of the
company and those of the members OF
the Miners Union were considered as
evidence before the court upon the
agreement of the attorneys for both
parties. TAe opinion as rendered by
Judge Nave in the case is as follows.
The pleadings in this case suggest
several interesting questions of law;
to the consideration of a variety or
these questions, counsel have devoted
their briefs. But the evidence mar
rows the matter for determination TO
such an extent that il is necessary,
and therefore inappropriate, to e2-
esting and, from the point of view of
the litigants, probably the most i'm
portant points so dismissed.
The testimony before ME discIoses
that the Bisbee branch of the Western
Federation of Miners declared a STRIFE
against several mining companies in
the Warren Mining District; that it
appointed strike committee; tnat
members OF that committee or other
members of the striking organization,
pursuant to a plan of ''picketing,' AS
defendants term il, systematically
went upon the passenger trains of
plaintiff, and advised incoming pas
sengers that there is strike on in
Bisbee, and requested possible en-
ployes of the companies. not to take
employment; that these persons also
distributed among passengers On
trains and at the stations of the
plaintiff printed notices advertising
the fact of the strike, and Urgiag lnen
not to take employment with me min
ing companies involved; that simiIar
notices were posted on passenger and
freight cars. station walls and other
property Of the plaintiff.
1T is appropriate Cor a railroad
company to seek to rrOle-ct its ras-
sengers and other patrons rom
ayoidable nuisanees. comlnol car
riers may with propriety prevent the
carrying on upon their premises of
enterprises which are not ordinary or
convenient incidents to the accomEno-
dalton of the travelling or shipping
public, even If those enterprise are
not in themselves unlawful. AS an
illustration: If a group of religious
enthusiasts should feel called upon to
prosecute a vigorous campaign of
their doctrines, and should conceive
that the comparatively idle and unoc-
cupied travellers on passenger trains
afford a fertile field for propaganGism.
they may, with both legal and moral
pTopriety, be said to be committing a
nuisance, should they endeayor to
hold their religious services and
preach their cause on such trains. The
fact that such enthusiasts pay their
fare, and therefore are entitled to
ride as passengers would not affect
their status. The fact that they avoid
threatening or abusive conduct, whiI'
it may affect the decree of the
nuisance, does not necessarily free
them from the quality of a nuisance
Their enterprise may in the absolute
sense be praiseworthy; yet few
would be found to cIiticise the court
which would interfere 10 end the
nuisance, II its aid were sought by
the railroad company.
From a consideration of the testi-
mony in this case, / fizd that a
nuisance of this variety was being
committed by the defendants in this
case at the time the temporary in
junction was issued. The injury
caused by the defendants is not sue
ceptible of computation in damages,
YET persistence in such picketing
must certainly tend to the personal
annoyance of passengers and to re-
duces the patronage of the road.
Whether or not the persons pick
citing on the plaintiffs trains and
property made real or implied threats
| and whether or not their conduct
t4a,ded to cause or actually caused
breaches of the peace, nevertheless
| tie persistent circulation OF strike
notices, and the presentation of strike
arguments TO passengers on and about
the trains, and the placarding of
| plaintiffs premises with such notices,
with the view to persuading incoming
| passengers to abandon heir intention
to seek employment, and with the
view to creating sympathy for the
PIT csc q the strike, is a rdi5aace
whic !, upon the petition Of this plain
tiff, this court will enjoiu. The tenn
porarJ Injunction heretofore issued, in
so far as it affects the use Ct the
United States mail by the defendants,
and in so far as it affects the con.
duct Of the defendants at otter places
than on the property of the plaintiff
is net warranted by the eviiercs be-
fore rs. Eliminating .hsse matters
au2 coUfining the injunction substan-
italy to the prevention of ricketilg
b. the defendants upon gne property
or The plaintiff, the temporary injunc.
! ton is made nermaDer,t