Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1920-10-22

operators WOulQ surfer no IlHanCld'
loss. BY which Mr.. Frazier meant
that when the operators obeyed his
demands and increased tho wages Of
their men sixty per cent, and paid
$4,000 week of Norah Dakota's
money into the pockets of striking
miners In other states, in defiance
of the United States government,
the people who were forced to burn
North Dakota coal would be compel
led to pay the bill.
Frazier allowed three days to
elapse following the calling out of
North Dakota's organized Ignite
miners before he attempted to do
anything to relieve the situation
which he had assisted in creating.
Then he issued through the columns
of the Townley press proclamation
giving the operators "a hours to
capitulate, declaring that If they did
not yield to his demands he would
seize the mines. The operators re-
fused to rebel against the court de-
DEGREES of their country and Mr..
Frazier took over the mines.
AS his manager in the state Oper-
alton of the mines Frazier picked
Townley man. ]. w. Deeney, manag-
err of Townleyized coat property at
Kenmare. AS local managers the
governor selected group of clerks
from the capitol, most of them mere
boys. He advised the coal operators,
whose average profit per ton has
been forty cents. that they must ac-
cept from ten to % cents per ton
from the state. and that the state
would continue to operate the mines
until the operators had made an
agreement with Mr.. brennan Of Bill
lings, Mont. The surplus of fifteen
to thirty cents per ton will be used
as Mr.. Frazier sees fit, but probably
to support IN idleness miners who
are striking in other states while
their fellow citizens freeze.
Following the taking over Of the
mines the -oprators secured an in
junction in the district court re-
straining the governor from operat-
ing the mines, and before the case
was ever heard in the court. lit
eventually would have gone to the
supreme court through due proceed
ure) the governor went into the SUI
preme court to secure an INTUITION
against the district court in order
to stop it's interfering. Here is the
decision of Justice Robinson, elected
by the non-partisan league, in re-
fusing the injunction to Governor
Frazier:
"Pandering to the labor vote"
says Judge Robinson, 1--WE have laws
to permit and encourage strikes,
picketing and idleness; law to
permit any person to quit work In
disregard of his contract, and to per-
suade others to do likewise; to pre-
vent coal miners from working more
than eight hours a day, and law
to subject mine owners to a tax of
nearly five per cent on their pay
roll, tax If $4,000 on the Wilton
mine. We have statute of twenty
seven printed pages subjecting mine
owners t. fearfully expensive and
drastic rules and regulations. The
! result is that the pleasant summer
daysehave passed with only limit
ed production of coal We have
sown to the wind, and we are reap
ing the whirlwind. The long, cold
winter is upon us. and without any
grievance our well-paid miners have
quit work and struck pursuant to
orders from some labor agitators.
The miners were willing to continue
working for the same wages, with
an advance of sixty per cent to be
paid to the agitators and idlers. To
this the mine owners did not agree.
and the result is that with the mill
| tary the governor has undertaken to
! operate the mines.
"tn the district court of Burleigh
county, the Washburn Coal company
sued for and obtained an injunctio
nj n-.6n .fvpt Int, ~
| The governor applies to this court
for a writ to forbid the district
court and the mine owners from In
terfering with his operation of the
mines. His position is that the
courts have no jurisdiction to inter
e SD s1og gu u9uM mIq ua1M sIsI
commander of the militia. but that
the courts have jurisdiction to aid
him by enjoining all parties from
him: In other words. that the
| courts have only such jurisdiction as
the governor may permit them to
exercise. that the courts may aid
him, but if they thwart his wishes
then he may use military force to
defy them and to turn them out of
their Offices"
The jurist then quotes from the
SChoSiSusAoh' ~ piOSc lHdl TIE MILL
tary shall be subordinate to the civil
power; that all men have a right
to acquire, possess and protect pro-
perty; that private property shall
not be taken or damaged for public
use without just compensation shall
have been first made to the owner.
that no person be deprived Of life,
liberty or property without due pro-
cess of law; that courts shall be
open, and every man for any injury
done him in his lands, goods, person
or reputation shall have a remedy
by due process of law and right Of
Justice. administered without sale,
denial or delay.
In every civilized government"
says the jurist, 1.-The courts are the
bulwarks of freedom and civil liber-
ty, the refuge of the citizens for
protection. of life liberty and pro-
perty The military power is for
military purposes. 1t may be used
to suppress insurrection and to re-
pei invasion. 1t may not be used
to take from him that has md IN