The copper era and Morenci leader., 1915-12-31

in Strike BreakerS,' SneriH CasH Says Contractors in District Woulc Undertake Work, But Does Not Specify; Sheriff Says Strikers Are Drilled for "Pastime."
 TUCSON, Dec. 24.-At o'clock this afternoon Judge William H. Saw telle in the federal court issued an order restraining the strikers from in terfering with the Detroit Copper company in going upon its 132 unpat- ented mining claims for the purpose of doing the annual assessment work. In rendering his decision Judge Sawtelle said: ''The merits of the strike are not involved in this contro- versy. The case involves solely the right of the owner of unpatented min ing claims to do the annual assess meRt work thereon as required by law without interference or hindrance on the part of third persons.
 Under the facts in this case and especially in view of the testimony of the sheriff of Greenlee county and the witness Franz and the law as I understand it, 1 am of the opinion that the plaintiff is entitled to tenn porary restraining order and it is or dered that such an order be issued as prayed for 1n the Dill.
 Later commenting on his decision the judge said to counsel that the merits of the strike were not involv ed in this case, and that he was not concerned with the wages paid. If the company is not able to get men in the district to go onto the 132 claims and do the work, they should have the right to bring them in,' he said. The country is mountainous and the time is snort, and unless the company can do the work, they will lose their title. 1 am in hopes this will end the matter and that the court will not be compelled to take any further action.
 The court fixed the bond at $5,000 but the plaintiffs raised their own bond saying that they had prepared a bond of $1G,000 and the court there fore let it stand at that amount.
 That Captain Hall, who is in charge of the detachment of the state militia which is stationed at Clifton, has been drilling strikers ''as pastime," was brought out by the testimony of Sheriff J. G. Cash of Greenlee county, given at the hearing of the injunction proceedings before Judge Sawtelle in the federal court. Sheriff Cash said that the men were not being drilled with guns and on cross-examination denied that all of them had guns and that they were be- ing drilled to resist any attempt to bring strikebreakers into the district.
 That the application of the De- troit Copper Mining Company to the federal court at Tucson for an in junction to prevent strikers in the Clifton district from interfering kIO in hn fO-T11 1or1 a6 of assessment work on 132 claims was merely a covert to bring into the district fifteen hundred former en- pIoyes encamped at Duncan for the purpose of breaking the strike was the contention of l.. Kearney, the Clifton attorney who filed an an swer for the defendants and appear ed at the hearing of the application held before Judge Sawtelle here to day. E. E. Ellinwood and John Mas on Ross of Bisbee denied on behalf Of the company that the application was covert for bringing strike breakers in the district but contend ed that were such the case they would have a perfect right to do SC provided they were being prevented from operating their property.
 Organizer Powell of the WesterI Federation of Miners and Sheriff J G. Cash of Clifton, Greenlee County were present at the hearing.
 The defendants filed a specific de nial of the charge in the complain and a demurrer Arguing on the de murrer MT. Kearney contended tha the plaintiff could not lose title tC the mining claims if they were pre- vented by force from doing the as sesSment work and that the com pany could not appeal to the cour until some overt act of violence hat been committed and that in case t1e! were actually prevented from doins the assessment work they could sus tain their title to the claims throu-l an appeal to the courts against ad verse claimants.
 Judge Sawtelle sustained the de murrer and the hearing Proceed :: on the merits.
 The plaintiff cited cases to show that the courts do not wait unti force meets force and damage is dont but where showing is made antici nate trouble and grant the relic prayed for. They argued that .wher the defendants claimed no advers right, they could not defeat the in junction by merely filing denial o the allegations of the complaint un der oath.
 The arguments proceeded on tn bill and answer and the affidavits al tached to each.
 After the argument on the aff davits had continued for about an hour, Mr Kearney representing tn defendants asked to introduce ora testimony to show that the applica tion for the injunction could not b granted.
 His first witness was Sheriff J. G Cash of Greenlee county.
 Sheriff Cash testified on direc examination that responsible COT