Hellraisers Journal – Sunday September 28, 1902 “The Anthracite Coal Strike” by Comrade William Mailly, Part II
From the International Socialist Review of August 1902:
The Anthracite Coal Strike.
[-by William Mailly] ———-
[Part II of II]
Socialist Spirit, July 1902 Comrade Mailly, now in field of great anthracite coal strike.
This somewhat lengthy and yet incomplete explanation of the strike situation has been necessary in order that outsiders can understand why the Socialist agitators received such a warm welcome in the strike region. We came with a new message to the strikers and they heard us gladly. Thrown into the position of fighting simply to save the union that had protected them for two years, harassed and antagonized by the business men whom they had formerly believed their friends, deserted and deceived by the politicians who had always proclaimed themselves their champions, misrepresented and discouraged by the papers they had always supported, they were ready to listen to those who came and spoke the truth. In my experience I have never seen men who listened so eagerly and with such unfeigned enthusiasm to the Socialist presentation of the situation as did these strikers.
But the way had been prepared for us. “Mother” Jones had not been through the region for nothing. Everywhere she had left a trail of Socialist books and papers behind her. Few of the officials but had subscribed for a paper, and many of the miners received one she had subscribed for for them. And “Mother” Jones’ name is a talisman that opens the hearts of the anthracite miners to any Socialist that comes to educate and not abuse.
Then National Secretary Greenbaum’s “strike bulletins,” following upon his messages of friendship to the miners’ conventions, had also familiarized the name of the Socialist Party. These bulletins were much appreciated and made a good impression.
It did not take long, therefore, for the Socialist agitators to secure a hearing. Nothing could more emphasize the different effect produced by the Socialist Labor Party [SLP] tactics and those of the Socialist Party [of America, SPA] than the treatment accorded our representatives. Wherever I went in the region I heard stories of how the S. L. P. agitators had made themselves obnoxious by their attacks upon the union and their efforts to disorganize the men. It sometimes became necessary to explain the difference in the parties to enquirers who classed all Socialists as “union wreckers.”
I think the members of the Socialist Party are justified in believing that the presence of their representatives in the field was beneficial to the strike and the miners’ union. We preached the necessity of Solidarity and explained the industrial situation so that the miners could not help but become imbued with an increased faith in themselves. They were not slow to acknowledge this, and to show their approval of what we said. It became a very easy matter to get up a meeting for a Socialist speaker and, in some cases, men were known to walk several miles to hear us. The Socialists presented the case with a force and clearness that went home and made, I am sure, a lasting impression, especially as the situation provided all the necessary features for Socialist arguments of unlimited length.
There was no antagonism to the Socialists exhibited by any of the officials. On the contrary, there was an evident desire to allow us to be heard, and local officials gave us much assistance. Personally I received a letter from President Mitchell introducing me to the locals, which, as representative of the “Worker,” was of great help to me. I did not have to use the letter to get up meetings. Just as soon as it was learned I was a Socialist and “all right,” meetings were arranged for me. There was no danger of not having anything to do.
Wherever Vail, Spargo, Geiger and Collins had spoken, the same encomiums of their work were heard. We had a clear field, for none of the capitalist party politicians were in sight, and the miners were in the mood for the truth. Collins couldn’t begin to organize locals fast enough, and he’ll probably never do harder or better work again. Fortunately, we had comrades at Carbondale and Wilkesbarre, who took advantage of every opportunity presented.
Two things are to be regretted. First, that more agitators could not be kept in the field, and second, that more literature and better facilities for handling it could not be provided. I was never more impressed with the necessity of a well-formed, efficiently conducted Socialist organization. The national and State officials of the party did their utmost, but their hands were tied for lack of funds. I am of the opinion that half a dozen good Socialist agitators, speaking different languages, following each other through the region, would do more toward winning the strike than all the money the Socialist Party can give to a strike relief fund. The demand for literature cannot begin to be filled. The miners are reading and discussing what they read as never before. Such an opportunity to reach a large number of workingmen so receptive and hungry for knowledge will seldom be presented again. As it is, we can feel that not only have we done our utmost to propagate Socialism, but we have also inculcated into the hearts and minds of thousands of workingmen the true spirit of the class struggle and some conception of the prevailing industrial phenomena.
A final word about the strike itself. That the conditions around the mines justify organization goes without saying. Nevertheless, I believe these conditions might have been endured a while longer if tyranny had not been exercised to such an extent. To be continually insulted and reviled when seeking redress, to be cursed by the boss and subjected to his open contempt, to be ignored by the employer when seeking recognition—this was more than the miners could stand forever. The union has offered them the only medium of expression for their grievances, the only form of protection from the domineering of under bosses and the larger tyranny of the operators they have ever had. The strike is the harvest of years of arbitrary and selfish corporate misrule.
Whatever the outcome may be, the fact that the fight is one to preserve the right to organize should be of encouragement to all Socialists. There is one thing also of which I am morally certain: that, even if the strike be lost, the union will not wholly be destroyed. It has the elements of permanency in it, for men like those to be found in the anthracite region are not conquered by one defeat. The union is there to stay, no matter how this strike may result or who the officers may be. The seed of Solidarity is too deeply planted to be uprooted and destroyed so easily as the mine owners wish. And if the Socialists have only succeeded in planting that seed a little deeper, this alone should recompense us for any money or energy expended during the strike.
Hellraisers Journal – Thursday August 21, 1902
Mother Jones News Round-Up for July 1902, Part V Judge Jackson Proves Himself a Coward, Afraid to Sentence Mother Jones
From the Duluth Labor World of July 26, 1902:
IT IS AN OUTRAGE
———-
ORGANIZERS OF MINE WORKERS IN PRISON FOR CONTEMPT. ———-
Judge Jackson, of United States Circuit Court, Passes Sentence -Fears to Sentence “Mother” Jones -President Mitchell Says Decision “Imperils the Rights of All Americans in the Courts.”
Judge Jackson, of the United States Circuit Court, at Parkersburg, W. Va., has held “Mother” Jones and seven other organizers and officials of the United Mine workers guilty of contempt of court in violating his injunction of June 19, prohibiting them from “making inflammatory speeches,” and has imposed a sentence of from thirty to ninety days upon all, with the exception of “Mother” Jones.
The injunction in question, which Judge Jackson issued, is directed at the right of free speech. It is a deadlier blow at American liberty and the rights of the masses of the people than has been struck for a long time. It is an outrage which cannot but make the blood of every working man boil with indignation.
Trade unionists know President John Mitchell, of the United Mine workers. They know him by reputation all over the land. They know that he has compelled even those on the capitalistic side to acknowledge that he is cool-headed, conservative, brainy and far-seeing. He is not given to loud talk or extravagant assertions. Yet President Mitchell says of the Jackson decision:
“It imperils the rights of all Americans in the courts.”
It takes something of more than ordinary significance to draw from President Mitchell such an accusation against one of the highest tribunals of justice in the United States. Even now the statement is dignified, and quiet, but for that very reason it carries all the more force with thinking men.
“The rights of all Americans in the courts” is imperiled by what? Trades unions? Strikes? Organized, labor? Boycotts? Oh, no! By the action of a man chosen to meet out justice from the bench of the United States Circuit court, which is next to the Supreme court itself the highest court of justice in the country.
In the case of “Mother” Jones, the judge suspended contempt. In doing so he said that she had been found guilty of contempt, “but as she was posing as a martyr, he would not send her to jail or allow her to force her way into jail.” No more insulting message to organized labor could have been given out than that comment on the case of “Mother” Jones, coming after his action on her case. If she were guilty, she deserved punishment just as much as the others. But, because, forsooth, she is well known among organized labor circles, and her imprisonment would call attention to the monstrous injustice of this ermined anarchist, he sneeringly remarks that he will not allow her to “pose as a martyr,” and turns her loose.
Hellraisers Journal – Tuesday August 19, 1902 Mother Jones News Round-Up for July 1902, Part IV Judge Jackson Severe on the Miners, Releases Mother Jones with Lecture
From The Pittsburg Press of July 24, 1902:
Parkersburg, W. Va., July 24.-There was the most intense interest in the crowded room of the United States District Court this morning when Judge Jackson began reading his lengthy decision declaring “Mother” Mary Jones, the angel of the miners, and seven other organizers of the United Mine Workers and four Hungarians to be guilty of contempt of disregarding his injunction of June 19, against holding a meeting or creating a demonstration at or near the Pinnickinnick mine of the Clarksburg Fuel Co., or near the residence of miners at work. Judge Jackson, after concluding his decision, sentenced the defendants as follows:
Thomas Haggerty, 90 days in jail; Wm. Morgan, Bernard Rice, Peter Wilson, Wm. Blakeley, George Bacon, Thomas Laskavish, 60 days each.“Mother” Jones’ sentence was passed till afternoon. It is said she will receive a stiff fine and will not be jailed. Albert Repake, Joseph and George Roeski and Steve Teonike, Hungarians, passed until the afternoon session.
Judge Jackson stated that the defendants would not be sent to the same jail. District Attorney Blizzard sprung a sensation by immediately filing an affidavit that Secretary Wilson, of the United Mine Workers of America, had violated the restraining order by making an inflammatory speech at Clarksburg July 7, and at Fairmont July 8. His arrest was asked. Judge Jackson made an order that Wilson be arrested and brought within the jurisdiction of the court. Wilson is said to be in Indianapolis.
Jackson’s huge frame shook with emotion as he dramatically emphasized portions of his decision to “Mother” Jones, who was the center of attraction……
[Photograph added.]
From The Pittsburg Press of July 25, 1902:
LECTURE BY JUDGE TO “MOTHER” MARY JONES. ———- Told Her She Most Obey the Law or Suffer.
Parkersburg. W. Va., July 25.-Thursday, after he had suspended sentence on “Mother” Jones, Judge Jackson started to lecture “the miners’ angel.”
“It must be distinctly understood,” he said, “that you must obey this injunction. If ‘Mother’ Jones is the good woman they say she is she will obey law and order. I will not send her to jail to pose as a martyr, nor shall she break into jail.”
Mother Jones arose and dramatically declared that she did not ask the mercy of anybody; she was simply trying to do her duty as she saw it, and whenever the court wanted her it could send for her. “I hope we will both meet on the other side of life when we die,” she finished, and at this Jackson smiled and the audience broke into applause. “Mother” Jones then went to the bench and shook hands with Judge Jackson, both smiling. “Now take my advice and go back home, keep the peace and obey the law,” Jackson softly said to her.
“Oh. but I must keep up the fight as long as I live,” she replied.
“Well, don’t fight In my district,” was the judge’s parting shot.
—————
Mother Jones Undaunted.
Parkersburg, W. Va., July 25.-Mother Jones says she will continue to work in behalf of the miners of West Virginia [as an organizer for the United Mine Workers of America] in spite of Judge Jackson’s threat that if she does he will have her arrested again and sentenced. She says she is doing her duty and fear of jail will not prevent her from continuing along that line.
Hellraisers Journal – Monday August 18, 1902 Mother Jones News Round-Up for July 1902, Part III Found Speaking at Central Labor Council Meeting in Cincinnati
From The North Adams Transcript of July 21, 1902:
PATHETIC FAREWELL FOR “MOTHER” JONES ———- On Leaving Indianapolis to Go to Jail for Contempt
Indianapolis, Ind., July 21-An affecting scene was witnessed in the United Mine Workers’ headquarters last evening when “Mother” Jones bade the miners goodby and boarding a train for West Virginia.
“Mother” Jones was on trial early last week with several striking miners for contempt of court in holding public meetings in the face of an injunction, and she was found guilty. She now returns to receive sentence, and it is believed she will be sent to jail.
Many of the delegates to the recent convention are still here, and in the crowd gathered in the headquarters not a single dry eye was to be seen when “Mother” said goodby. Men whose faces were as hard as parchment with the work in the mines and with the hardship of their lives wiped the tears away with their rough hands and some of them left the room.
“Mother” Jones cheered them up and made little of the coming ordeal, but the miners knew she was doing it for them, and if she were their own mother they could not have a warmer love in their hearts for her.
[Photograph added.]
From the Baltimore Sun of July 22, 1902:
Charleston, W. Va., July 21.-Upon the application of the Collins Colliery, Federal Judge Keller today issued attachments for the arrest of John Richards, president of District No. 17, United Mine Workers of America, and 35 other members who took part in meetings near that mine. Special complaint was made against a meeting of July 17 as an alleged violation of the injunction issued against National Secretary Wilson, “Mother” Jones and others. After their arrest today Richards and 10 others were taken before the United States Commissioner at Hinton, where they gave bonds, and the hearing was set for next Friday in Charleston.
Judge Guthrie, of the State Court, issued an attachment for the arrest of 10 miners on complaint of the Kanawha and Hocking Coal Company, which held that they had violated an injunction of his court.
Hellraisers Journal – Sunday August 17, 1902
Mother Jones News Round-Up for July 1902, Part II Found in Court in West Virginia, Speaks at Miners’ Convention in Indianapolis
From the Baltimore Sun of July 12, 1902:
MOTHER JONES ARRAIGNED —– She Expects A Jail Sentence From Judge Jackson.
(Special Dispatch to the Baltimore Sun.)
PARKERSBURG, W. Va., July 11.-“Mother” Jones and 11 other strike leaders, who were arrested for alleged violation of an injunction issued by Judge Jackson, appeared in court today. The arguments in the case were begun and will be concluded tomorrow, when a decision is expected. “Mother” Jones expects a jail sentence for herself.
[Photograph added.]
From the Appeal to Reason of July 12, 1902:
In Darkest America.
Comrade McGeorge, of Clarksburg, W. Va., sends the following clipping from th Daily News of that place, regarding the arrest [June 20] and trial [June 24-27] of “Mother”‘ Jones for organizing the miners, who are more brutally treated and less paid than probably in any other section of the nation. The miners have been enjoined from talking to the non-union miners, from holding meetings in the vicinity, and from circulating literature! Great is the constitution-but not when federal judges don’t want it. The Dred Scot decisions are numerous nowadays. But the item will interest thousands of friends of that grand old woman-Mother Jones:
“You are not a citizen of West Virginia. Why do you not stay where you belong, instead of coming to our state to stir up trouble among the miners? What business have you the here? thundered Judge Jackson from bench.”
“Judge,” softly replied Mother Jones and every lawyer and each member of the crowd that thronged the court room, hung upon her every utterance, “I am a citizen of the United States, and as such I think I have the right to come to West Virginia or where ever my duty may call me.”
All day Thursday [June 26] “Mother” Jones was on the stand at United States court, and she was subjected to one of the most rigid examinations that has ever been heard here. But never for an instant did she lose her quiet and dignified demeanor, nor did the questions of the district attorney confuse her in the least. On the other hand, she was one of the shrewdest witnesses that ever took the stand at United States court and from the time she was called in the morning until late in the evening it was a veritable battle of brains, and “Mother” Jones was not always worsted. The court room was crowded and the old silver haired woman won many friends by her sweet, dignified manner and shrewdness with which she met every question of the attorneys. When the day was over she was visibly worn out and it was with a sigh of deep relief that she left the witness stand.
The examination of “Mother” Jones was in many ways a treat that those who heard it will not soon forget. Her story was straight forward but in many places her love for the miners brought out the pathetic side of the trouble, while again, on several occasions the court room was in a roar of laughter at some witty repartee between the witness and Judge Blizzard [District Attorney Reese Blizzard], or at some element of humor injected into the proceedings by Judge Jackson.
When asked if she had not said that the operators were the same sort of people that had crucified Christ, the witness replied that she had made such a remark.
“Well,” questioned Judge Blizzard, “do you not think the crucifixion of Christ was the worst crime ever committed?”
“No,” answered the witness in loud tones, “it was not nearly so bad as the crucifixion of little boys in the coal mines who are daily being robbed of their manhood and their intellect by what they are through necessity compelled to undergo. Christ could have saved himself, the boys cannot.”
“Mother” Jones, when first put on the stand, stated that she was sixty years old, having been born in Ireland, coming to this country at the age of six years. She had been, she said, working among the miners for the past thirty years.
She, in answer to questions, denied that she had ever counselled the violation of the law in any respect, but had always asked the miners, to stay sober, to obey the law, and to fight their battles by peaceable methods. She stated that she had no intention of violating the injunction when the meeting was held at Clarksburg on Friday, as the property on which the meeting was held was leased by the miners, and was thought to be far enough away from the property of the mine operators and the homes of the miners. She had come to this state on the invitation and was here to organize the miners. She denied the statement that more trouble occurs where strikers are organized than where they are not.
She stated that she had been at Paterson, N. J., on several occasions, and had lately had an invitation to go there, but denied that she knew that city was a hotbed of anarchists, or that she had ever met or worked with any of the anarchists.
Judge Jackson asked her if she had ever met Emma Goldman, she replied in negative.
To the Judge’s facetious question if she knew Carrie Nation she laughingly returned a similar answer.
The witness denied many of the statements that had been made with regard to her attempts to stir up trouble, or intentionally violating the injunctions, and she stated that she had the highest respect for the courts and sought always to obey the laws of hr country.
Hellraisers Journal – Saturday August 16, 1902
Mother Jones News Round-Up for July 1902, Part I U. M. W. of A. Organizers Surrounded by Injunctions in West Virginia
From the Wilkes-Barre Semi-Weekly Record of July 1, 1902:
[Yet Another Injunction.]
Indianapolis, Ind., June 29.-“If the courts continue issuing injunctions against us there will be but one proposition open. Some one will have to furnish the 400,000 mine workers of this country with balloons in which they can hold meetingsprivately or publicly and not disobey the mandates of the courts,” said W. B. Wilson, secretary and treasurer of the mine workers’ organization, yesterday when informed that Federal Judge Keller, at Fairmont, had enjoined him, Chris Evans, “Mother” Jones and others connected with the organization from interfering with miners.
No papers have been served on Wilson. He said he had not been in Judge Keller’s district, but If his business calls him there he will go. He declared that if he has been enjoined from holding a private conference on business that concerns the organization he will disobey the injunction.
[Photographs added.]
From The Clarksburg Telegram of July 4, 1902:
“MOTHER” JONES MUST BE GOOD ———- Judge Jackson Continues the Case and Cautions Her. —–
“Mother” Jones trial at Parkersburg has been continued to July 11.
When United States Court convened Friday the attorneys for “Mother” Jones and the other strike leaders announced that they would introduce no more evidence and they were ready to rest their case. The prosecution had nothing further to introduce and when it was ascertained that the attorneys wished to argue the case the court announced that it would continue it untill July 11, when the lawyers would be given an opportunity to be heard. The defendants were released under bond. In releasing them the court said:
I have been sitting here for three or four days investigating whether you have violated this injunction or not. That question I shall determine when the case comes up for final disposition on the 11th day of July, as soon as the argument is over and I can reach a conclusion; but I want to say to you that you have a duty, under the recognizance that you have taken here, to perform; that the duty is to abstain-I mean abstain from trying to induce anybody who is employed in these mines from leaving work or from disseminating your own peculiar doctrines that you bring from the other states into this state to disturb the peace and harmony of those who are engaged in the lawful pursuits of mining in this state.
You are citizens, that is true, of the United States, but while you are citizens of the United States you owe obligations to any state you are in, just as much as you do to the state in which you have a permanent residence. The constitution of the United States don’t guarantee rights to the citizens to go into the domain of another state and excite the people to violence or to commit unlawful acts. There is no such provision in the constitution; and, as liberal as the constitution is as to personal rights, the constitution does not protect the person in illegal or unlawful acts in any state in the Union or in a state, particularly, where the parties do not reside.
And I shall expect you upon this occasion, each and every one of you, to observe literally (both in spirit and letter) this injunction; if you wish this court in dealing with you to consider your acts and to weigh your acts with reference to what has heretofore transpired in reference to the order of the court, it will be well for you to consider these things and to act accordingly.
The remarks of Judge Jackson were a warning to the defendants not to interfere with the miners or incite them to strike, as a further violation will result in their rearrest and it will make it harder for them in the present cases.
Hellraisers Journal – Tuesday July 29, 1902 Parkersburg, West Virginia – Judge Jackson re “Organizers” and “Agitators”
From The Pittsburg Press of July 24, 1902:
JUDGE WAS SEVERE ON MINERS […]
Parkersburg, W. Va., July 24.-There was the most intense interest in the crowded room of the United States District Court this morning when Judge Jackson began reading his lengthy decision declaring “Mother” Mary Jones, the angel of the miners, and seven other organizers of the United Mine Workers and four Hungarians to be guilty of contempt of disregarding his injunction of June 19, against holding a meeting or creating a demonstration at or near the Pinnickinnick mine of the Clarksburg Fuel Co., or near the residence of miners at work. Judge Jackson, after concluding his decision, sentenced the defendants as follows:
Thomas Haggerty, 90 days in jail; Wm. Morgan, Bernard Rice, Peter Wilson, Wm. Blakeley, George Bacon, Thomas Laskavish, 60 days each.“Mother” Jones’ sentence was passed till afternoon. It is said she will receive a stiff fine and will not be jailed. Albert Repake, Joseph and George Roeski and Steve Teonike, Hungarians, passed until the afternoon session……
[Photograph and emphasis added.]
Ruling of Judge Jackson, July 24, 1902:
UNITED STATES ex rel. GUARANTY TRUST CO. of NEW YORK v. HAGGERTY et al. (Circuit Court, N. D. West Virginia. July 24, 1902.)
[Part II of II]
In the case we have under consideration the bill alleges that there is a combination of persons who are known as “organizers,” “agitators,” and “walking delegates,” who come from other states for the purpose of inducing a strike in the soft coal fields of the state of West Virginia; that their object and purpose is to induce persons who are not dissatisfied with the terms of their employment, and who are not asking any increase in their wages, to cease work for their employers, thereby inflicting great damage and injury upon them. It is to be observed that a very large portion of the miners in the employ of the Clarksburg Fuel Company do not want, in the language of one of the agitators who is enjoined, “to lay down their picks and shovels and quit work.” I do not question the right of the employes of this company to quit work at any time they desire to do so, unless there is a contractual relation between them and the employer which should control their right to quit. At the same time I do not recognize the right of an employer to coerce the employes to continue their work when they desire to quit. But can it be said that where a conspiracy exists to control the employes, as in this instance, either by threats, intimidation, or a resort to any other modes usually accompanying the action of strikers, that such action upon their part is not only illegal, but a malicious and illegal interference with the employer’s business? The question is its best answer.
While I recognize the right for all laborers to combine for the purpose of protecting all their lawful rights, I do not recognize the right of laborers to conspire together to compel employes who are not dissatisfied with their work in the mines to lay down their picks and shovels and to quit their work, without a just or proper reason therefor, merely to gratify a professional set of “agitators, organizers, and walking delegates,” who roam all over the country as agents for some combination, who are vampires that live and fatten on the honest labor of the coal miners of the country, and who are busybodies creating dissatisfaction amongst a class of people who are quiet, well-disposed, and who do not want to be disturbed by the unceasing agitation of this class of people.
Hellraisers Journal – Monday July 28, 1902 Parkersburg, West Virginia – Judge Jackson re “Organizers” and “Agitators”
From The Pittsburg Press of July 24, 1902:
JUDGE WAS SEVERE ON MINERS […]
Parkersburg, W. Va., July 24.-There was the most intense interest in the crowded room of the United States District Court this morning when Judge Jackson began reading his lengthy decision declaring “Mother” Mary Jones, the angel of the miners, and seven other organizers of the United Mine Workers and four Hungarians to be guilty of contempt of disregarding his injunction of June 19, against holding a meeting or creating a demonstration at or near the Pinnickinnick mine of the Clarksburg Fuel Co., or near the residence of miners at work. Judge Jackson, after concluding his decision, sentenced the defendants as follows:
Thomas Haggerty, 90 days in jail; Wm. Morgan, Bernard Rice, Peter Wilson, Wm. Blakeley, George Bacon, Thomas Laskavish, 60 days each.“Mother” Jones’ sentence was passed till afternoon. It is said she will receive a stiff fine and will not be jailed. Albert Repake, Joseph and George Roeski and Steve Teonike, Hungarians, passed until the afternoon session……
[Photograph and emphasis added.]
Ruling of Judge Jackson, July 24, 1902:
UNITED STATES ex rel. GUARANTY TRUST CO. of NEW YORK v. HAGGERTY et al. (Circuit Court, N. D. West Virginia. July 24, 1902.)
[Part I of II]
1. INJUNCTION.—GROUNDS—COMBINATION TO INDUCE STRIKES.
The power of a court of equity may be invoked to restrain and inhibit by injunction a combination which is formed to induce employes who are not dissatisfied with the terms of their employment to strike for the purpose of inflicting injury and damage upon the employers.
2. SAME.
While employes have the right to quit their employment whenever they desire, unless contractual relations exist between them and their employers which should control such right, the action of third persons, having no interest in the contracts between workmen and their employers, in conspiring to control the action of the workmen and to induce them to strike by means of threats, intimidation, or a resort to any other modes usually employed in such cases, is an illegal and malicious interference with the employer’s business, which a court of equity may properly enjoin where it is necessary to prevent irreparable injury.
3. SAME—Violation—CONTEMPT OF COURT.
Defendants, who were alleged to be unlawfully interfering with the business of a coal company and its employes by attempting to incite the latter to strike, were enjoined from assembling together, in camp or otherwise, at or near the mines of the company, or at or so near the residences of its employes, as to disturb, alarm, or intimidate such employes, so as to prevent them from working in the mines, or to prevent or interfere with them in passing to or from their work at the mines, or in otherwise interfering with them as the employes of the company.
After being served with the injunction, defendants assembled and held an open-air meeting within 1,000 feet from the opening of the mine, and within 300 to 400 feet from the residences of the miners, and in plain view of both. It was also near where the miners were obliged to pass in going to and from their work, and 150 feet from the company’s property. At such meeting violent speeches were made by defendants, in which they stated that the injunction did not amount to anything, and would not stop them; that, if they were arrested, others would take their places; and they criticised the court for granting an injunction, stating that the judge was a tool of the company, and no attention should be paid to his order, but that the miners should be made to lay down their tools and come out. It was shown that such meeting disturbed the miners, who were afraid of violence, and that the works would be blown up; that they had no disagreement with their employer, and a large majority of them did not desire to strike, but many said they would quit work unless they could be protected.
Held, that such action by defendants was a violation of the injunction, and a contempt of court.
Hellraisers Journal – Sunday July 27, 1902 Parkersburg, West Virginia – Judge Jackson Will Not Send Mother Jones to Jail
From The Pittsburg Press of July 25, 1902:
LECTURE BY JUDGE TO “MOTHER” MARY JONES. ———- Told Her She Most Obey the Law or Suffer.
Parkersburg. W. Va., July 25.-Thursday, after he had suspended sentence on “Mother” Jones, Judge Jackson started to lecture “the miners’ angel.”
“It must be distinctly understood,” he said, “that you must obey this injunction. If ‘Mother’ Jones is the good woman they say she is she will obey law and order. I will not send her to jail to pose as a martyr, nor shall she break into jail.”
Mother Jones arose and dramatically declared that she did not ask the mercy of anybody; she was simply trying to do her duty as she saw it, and whenever the court wanted her it could send for her. “I hope we will both meet on the other side of life when we die,” she finished, and at this Jackson smiled and the audience broke into applause. “Mother” Jones then went to the bench and shook hands with Judge Jackson, both smiling. “Now take my advice and go back home, keep the peace and obey the law,” Jackson softly said to her.
“Oh. but I must keep up the fight as long as I live,” she replied.
“Well, don’t fight In my district,” was the judge’s parting shot.
—————
Mother Jones Undaunted.
Parkersburg, W. Va., July 25.-Mother Jones says she will continue to work in behalf of the miners of West Virginia [as an organizer for the United Mine Workers of America] in spite of Judge Jackson’s threat that if she does he will have her arrested again and sentenced. She says she is doing her duty and fear of jail will not prevent her from continuing along that line.
Hellraisers Journal – Saturday July 26, 1902 Parkersburg, West Virginia – Organizers Sentenced, Mother Jones Berated
From The Pittsburg Press of July 24, 1902:
Parkersburg, W. Va., July 24.-There was the most intense interest in the crowded room of the United States District Court this morning when Judge Jackson began reading his lengthy decision declaring “Mother” Mary Jones, the angel of the miners, and seven other organizers of the United Mine Workers and four Hungarians to be guilty of contempt of disregarding his injunction of June 19, against holding a meeting or creating a demonstration at or near the Pinnickinnick mine of the Clarksburg Fuel Co., or near the residence of miners at work. Judge Jackson, after concluding his decision, sentenced the defendants as follows:
Thomas Haggerty, 90 days in jail; Wm. Morgan, Bernard Rice, Peter Wilson, Wm. Blakeley, George Bacon, Thomas Laskavish, 60 days each.“Mother” Jones’ sentence was passed till afternoon. It is said she will receive a stiff fine and will not be jailed. Albert Repake, Joseph and George Roeski and Steve Teonike, Hungarians, passed until the afternoon session.
Judge Jackson stated that the defendants would not be sent to the same jail. District Attorney Blizzard sprung a sensation by immediately filing an affidavit that Secretary Wilson, of the United Mine Workers of America, had violated the restraining order by making an inflammatory speech at Clarksburg July 7, and at Fairmont July 8. His arrest was asked. Judge Jackson made an order that Wilson be arrested and brought within the jurisdiction of the court. Wilson is said to be in Indianapolis.
Jackson’s huge frame shook with emotion as he dramatically emphasized portions of his decision to “Mother” Jones, who was the center of attraction.
She was surrounded by the other defendants and Vice President Lewis, of the United Mine Workers. The defendants were surprised at the decision and are bitter. The miners agree that this is the most effective blow that could be struck against the men’s cause in their attempt to get out the 12,000 miners in the Fairmont coal field. The judge first reviewed in detail the bill of the coal company which led up to the order of the court and the injunction, which it was claimed was valid. Continuing he said:
The question for this court now to consider is whether or not the defendants violated its order and if so, to determine what punishment shall be imposed on them for its violation. What is an injunction? Is it the exercise of an arbitrary power by the courts of the country or is it a power that has been recognized from a very early date, as one of the branches of administrative justice? I answer this question by affirming that the ordinary use of the writ of injunction is to prevent wrongs and injuries to persons and their property or to reinstate the rights of persons to their property when they have been deprived of it. It is the most efficient, if not the only remedy, to stay irreparable injury and to punish those who disobey the order of court granting a writ. It is a mistaken idea to suppose that the courts of this country abuse this writ. In my long experience on the bench I cannot recall a single occasion where any court, either federal or State, ever abused it in what is known as strike cases.
In the case we have under consideration today the bill alleges there is a combination of persons who were known as organizers, agitators and walking delegates, who came from other States for the purpose of inducing a strike in the soft coal fields of the State of West Virginia, that their object and purpose is to induce persons who are not satisfied with the terms of their employment, and who are not asking an increase in their wages to cease work for their employers, thereby inflicting great damage and injury upon them [the employers].
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