The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-10

assistance Of the men On strike. also re-
StraininC them from discussing, writing
! Or entering into any kind Of conVersa-
| ton with thcE membership on the strihe
! Situ;Elon.
| The government then proceeded 10
| further invade the rights OF the miners.
no; only By restraining the miners. 'ne'l
Officers and members from furthcring
tho purnoscS from which the men con-
! tended. but went to further lengths OF
| demanding from the court an order
commanding the officers Of the miners
union to recall and withdraw the strike
! notifications and the court complacently
| complied and issued the order.
Never in the history Of our country
| has ;hly such a mandatory order been
! obtaihed or even applied for by the gov
} crnmcnt or by any person, company or
| corporation.
| Both the restraining order and the
/ Injunction insofar az its prohibitnry
! features are concerned are prcdicated
! upon the Lcvc act. law enacted by
congress for the purpose OF preventing
! speculation and profit"er!ng Of the 1000
! and fuel supplies of the country. X
! x
! Il, the cours" OF President Wilson's
! the American Federation oG Labor, Nov
| amhrr. 1917. among other things ne
SAID:
"'Whilr We are lighting for free
dom. We must see among other things
that labor is fire." and that means a
number Of Interesting Things. II means
not only that We must do what we have
declared oar purpose 10 d" see that the
! conditions OF labor are not rendered
more "ucruuS by the war but also that
W. shall 81" Ia it that the instrument
tal.tirS BY which the conditions Of labor
are improved are not blocked or cneCk'
ed. That We must do.
The autoCratic action Of our govern
mcnt in these proceedings il OF such a
nature that Il staggcrS the human mind
/ Ia - Ere" country To conceive OF such a
government applying for and obtaining
a restraining order prohibiting the Off
Gals of 4 labor organization from con-
tribuliug their own money for The pur-
pose of procuring food Tor women ana
rh!ldrrn that might he starving is some
thng that when known Will shock the
'cnShilit"S OF men and will cause re-
sentiment. Surely tho thousands Of men
who are lying in France. under the soil.
" boss. blood was offered for the free
dom OF the world. never dreamed that
50 shortly afterwards in their own
country i50.00O work0rs cndcavOrlng
To b"t"tr their working conditions
would have the government decide that
they wcr" not entitled to the assistance
II their fellow men and that their wives
md children should starve by order Of
the government.
at is 1 well established prime. pie that
tho inherent purpose OF the Injunction
processes. whore there is no other ade-
quatr remedy at law was for tn" pur-
pose Of projecting property and proper
~ rights only. thereby exercising the
equity power OF the courts to prevent
immediate irrcparablc injury.
1T was never intended and there is
no warrant OF the law in. allour country
10 use tho injunction :ower Of equity
courts to cu-tail personal rights or rcgu-
late personal relations. 1t was never in
tended To take the place of law by sub
stituiing personal and discretionary gov
eminent.
The Lever act provides itS own pen
alticS for violatOrs Of its provisions. The
injunction issued in this case has for its
purpos" not trail by court and a jury.
but an order Of the court prcdica ted
upon the assumption that the law might
. be violated and by which tho defendants
may DC Drought DILUTE iIit tOul LOT CJH-
tempt and without any trial by jury.
I'VE declare that thc proceedings in
, this case or" unwarrhnted. rs they are
, unparalleled In tn" history Of our cOun-
try. and wr declare that IL is an injustice
which nos only tho workers but all libcr-
t. loving Americans will r"pudiate and
, demand a redress The citizenship of our
country cannot afford to permit tho cs-
Establishment or maintenance Of principles
. which strike at tho very foundation OF
justice and freedom. To restore the
, confidence in tho institutions OF our
country and tho respect due the courts.
, this injunction should b. withdrawn and
, !, the records clcanscd from so outrageous
: n proceeding.
"By all the facts in the case, the