82 F. 41 | U.S. Circuit Court for the District of West Virginia | 1897
As to the law applicable to the matter now under consideration counsel have not differed, and the court: has no trouble. It is concerning the facts — what they prove, and their proper application to the law involved — that counsel have expressed differences, and the court is required to decide. Many matters foreign to the issue now presented have been referred to by counsel and testified about by witnesses, but the court will exclude them from its consideration. Matters referring to “free speech,” “natural rights,” and the “'liberty of the citizen” are not now involved in this issue nor are they in danger. They will survive this ordeal, and it is to he hoped that they will he further endeared to us all, if that be possible, by our mutual experience herein and the incidents connected therewith. The right of free speech has not been abridged, nor in any manner interfered with. The "organizer” has spoken to his heart’s content here, there, and everywhere. The “camp” has heard him, and been electrified by his eloquence. City, town, and hamlet have been visited by him, and have given him generous welcome. Public build
The simple question here is, are these defendants in conteinpt of this court? On the 16th inst. this court granted an injunction restraining the defendants and all others from in anywise interfering with the management, operation, and conducting of the mines in the bill mentioned, either by menaces, threats, or any character of intimidation used to prevent the employés of said mines from going to or from the same, or from engaging in their usual business of mining. All persons were restrained from entering upon the property of the Montana Coal & Coke Company for the purpose of interfering with the em-ployés of said company, either by intimidation, or by the holding of either public or private assemblages upon said property, or in any way molesting, interfering with, or intimidating the employés of that company so as to induce them to abandon their work in the said mines. This injunction was served on a number of the defendants early on the morning of the 17th inst. It was also served on other of the defendants, together with an additional or supplemental and construing order, on the morning of the 18th inst. If the defendants were aware that the court had passed the decree granting the injunction mentioned, if they were aware of its terms and import, and if they then interfered with or intimidated the employés of said coal company, thereby preventing them from going to or from their work, or causing them to abandon the same, then they are guilty of the contempt charged, and should be, must be, and'wili be punished. The strikers had the right to quit work themselves, and they had the right to induce other miners, by peaceable means, by the persuasive force of public or private argument exerted in a lawful way, to also quit work and join them. But it must be kept in mind that the miner who still desired to work had the same right to do so as the miner to quit work; and also it should be remembered that the owners of the mines, individual or company, had the right to operate the same, the right to employ the labor of those willing to work, the right to use the highway leading to the mines for themselves and for their employés, even as had the strikers to quit work, the miner to go on with his work, or the agitator to indulge in the right of “free speech.” It .seems from the evidence that but few of the miners employed at the Montana mines had joined the strikers. All efforts to induce them to do so had apparently failed. At this juncture a company of marching strikers, mostly from Monongah, went into camp about one mile from the Montana mines. During Monday, Tuesday, and Wednes
A body of men, over 200 strong, marching in the early hours of the morning, before daylight, halting in front of the mine opening, and taking position on each side of (he public highway for a distance of at least a quarter of a mile, at the exact places where the miners were in the habit of crossing that highway for the purpose of going from their homes to their work, is at least unusual, and, in the state of excitement usually attending such occasions, neither an aid to fair argument, nor conducive to the state of mind that makes willing converts to the cause thus championed. That the marching did intimidate quite a number of the miners is clear, if the evidence offered is to be believed; and the court finds it uncontradicted and entitled to credence. The court is also forced to conclude, from all the facts and circumstances detailed by the witnesses, from the object the inarching men had in view, and from (lie locality where they marched, and its topography, that the intention of the marching strikers was to interfere with the operation of the Montana mines, with the miners engaged in working said mines, — to intimidate them, and thereby induce them to abandon their work, and then secure their co-operation in closing the mines. The marching men seemed to think that they could go and come on and over the countv road, as they pleased, because it was a public highway. l!ut this was a mistake. The miners working at'Montana had the same right: to use (he public road as the strikers had, and it was not open and free to their use when it was occupied by over 200 men stationed along it at intervals1 of three and five feet, — men who, if not open enemies, were not bosom friends. That some miners passed through this line is shown. That others feared to do so is plain. Tha t the marching column intended to interfere with the work at the mines would be foolish to deny. A highway is a way over which the public at large have a right of pas
That the parties now in custody knew that the injunction had been issued is not denied, — is plain from the evidence. They spoke of it jocularly, mostly, — now and then resentfully and disrespectfully. Such terms as these passed along the line: “We are used to papers like that.” “We will take the consequences.” “I will eat mine for breakfast.” The officers were careful in explaining its terms, and, I may say, in beseeching the strikers not to violate them. They told the marchers to march on and pass by if they wished to, but hot to march and countermarch “to and fro” by the mines, because such márching was prohibited by the court. But the advice was not heeded, the disregard of the court’s order continued, and the conduct that constituted violation of the injunction was openly resorted to and persistently maintained. These defendants are all guilty of the contempt charged. Their conduct, in connection with their knowl