The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-12-06
Expresses Opinion Respondents
Violated Injunction Because Of
Enthusiasm for Cause. No
Intention 10 Disobey Court.
WILL GIVE THEM CHANCE
TO PROVE RESPECT FOR LAW

Circuit Judge J.. II. OBren this
morning handed down his decision i'm
the case of l39 Allouez strikers, charg-
ed with violation of the injunction pro-
hibiting picketing and interference with
workmen. lie finds them guilty of
contempt OF court, but suspends SEN
'ence because of his belief that the re-
spOndents violated the Injunction
through enthusiasm for their cause
rather than with any intention Of de-
liberately violating the order Of the
court. The court therefore gives them
another chance TO prove their respect
for the law
Writ Ct Attachment Vacated
Judge O'Hrien this morning also
handed down an opinion on motion to
vacate an order for writ of attachment
ISSUED October "A. The motion was
made by the attorneys for the Western
Federation. The motion was based on
a question Of the courts power TO issue
general writ of attachment under
which persons may be arrested who
may, in the future, in the view of the
sheriff or his deputies, violate an or
der of the court. After citing a num-
Der of decisions and laws the opinion
says.
The writ manifestly cannot be sus-
tanned When | signed the order pcr-
mtting the issuing OF the said writ, the
situation was such that | considered
the taking of such a step as absolutely
necessary for the preservation of pub
lie order. In the actual working out of
the writ, however, IL is very doubtful
whether such writ serves good pur-
| pose"
The opinion in effect says that tho
court vacates the writ of attachment
because 1t has no Jurisdiction.
According to Attorney LeGendre for
the federaqtion the decision is inter-
preted to mean the release of all per-
sons who have been arrested under the
| injunction since the date of the arrest
Of the 169 strikers who were found
guilty today.
Decision In AIIouez Case.
The decision Of the court in the case
Of the Allouez strikers follows in full:
The respondents. to the number ot
one hundred and thirty-nine, we're ar
rested and brought before the Court
under the Writ OF Attachment issued
on October gath 1913. Since then the
complaiuants have filed certain afi-
davits upon which an order TO show
rause has been issued, and the com
plainants have also filed an Informal
tion against said respondents alleging
that said respondents have violated
the terms of the injunction heretofore
| issued by this Court and continued
aud ordered to remain ln full force by
! rider of the Supreme Court, dated
October Sth. 1918, with the moditica-
tiou that peaceable meeting and parad-
ing be not restrained.
The Information charges i'm sub
stance that the respondents did pick
ct around and near the station of the
Houehtuu County Traction Company
at AllouCz, used by the said employees
of said Alouez Mining Company in
passing TO and from their work; that
they did wlfully interfere with tn
free access of the employees of said
Alloucz Mining Company; that they
cid wilfuly impede obStruct. molest
and disturb said employees. ny means
of threats. violence. insults and uu-
lawful gatherings calculated and in
tended as and for In imdatiou and
that said respondents did DO other acts
and things i'm furtherancc OF a con-
spiracv to compel said employees 20
desst and refrain from working in tho
employment Of the Allouez Mining
Company. against their viii.
An order to show cause has been
served upon the solicitors ror defend
ants and they have now entered 4
Plea If not guilty to tie Information.
reserving tho question Of jeopardy.
In my opinion, the respondents hav"
never been in Jeopardy for the reason
that they are now being tried for the
first time upon the question Of their
violation of said injunction
Shouted Epithets at Workmen,
do not think that Vt is necessary
to discuss the facts az great length.
Tho evidence of the complaiuants Is
presented i'm the shape Of a large num-
ber of afidavits. aud substantially 10
the effect that The respondents i'm
large numbers gathered at and around
lhe street railway station at Alloucz
at about 6:l5 i'm the morning of the
gath day of October, 1919, at about
which time a car from Calumet arriv-
ed at the station with workingmen on
their way To work az the Allouez mine.
The evidence convinces me that the
respondents to the number Of seven
ty-hve to one hundred, crowded around
the car so that the workmen werc
Il al II IL.