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TEXT OF JUDGE CAMERON'S
RULING IN THE MORRIS RUN
THE COAL TRADE BULLETIN. 45
INJUNCTION PROCEEDINGS.
The following is the text of the ruling handed
down recently by Judge David Cameron, of the
Common Pleas Court, of Tioga County, Pensylvania,
in disposing of the injunction proceedings
brought by the Morris Run Coal Co., against eer
tain of its former employes who struck several
months ago. There are a number of points in the
ruling which seem to be at variance with precedents
established in similar actions, carrying
practically synonymous allegations. Judge Cameron,
it is stated was himself employed as a coal
miner before taking up the legal profession.
Cameron, P. ./.. April 14, 1904. The plaintiff's
bill in Paragraph 6 alleges that the above named
defendants and their associates, agents, servants
and employes have, since the — day of November,
1904, interfered with persons who have desired and
now desire to enter the employ of the company
plaintiff, and have unlawfully conspired to execute
this unlawful interference by the following
means:
(a) That certain of said defendants, in large
numbers, met, followed and surrounded, on public
highways and elsewhere, certain employes and
workmen of the plaintiff company who desire to
remain in its employment, and by threats of personal
harm and injury, and angry words and
violent and abusive conduct and gestures and,
by assaults, attempted to prevent and intimidate
and debar, and have succeeded in intimidating and
thereby, preventing and deterring certain employes
from remaining in the employment of said plaintiff
company.
(b) That the defendants caused certain of their
associates, agents and servants to watch and
PICKET THE RAILROAD STATION,
and the public highways, and to intercept workmen
on their way to the plaintiff company's works
who were contemplating accepting employment
under it, and have thereby, and by means of
threats and intimidation prevented certain of such
persons from entering the employment of said
plaintiff company.
(c) That certain of the defendants and their
associates have congregated about the houses and
places of abode of certain employes and workmen
of the plaintiff company, and have conspired together
in that way and by means of threats of
personal violence and intimidation, and by the use
of vile language and opprobrious names and
epithets, to prevent and frighten the said employes
from remaining in the employment of the said
plaintiff company.
The bill further alleges that by reason of the
above described unlawful acts the plaintiff is
hindered, embarrassed and irreparably injured in
the use of its property and mines and prevented
from obtaining and retaining laborers to operate
the same, and on that account is unable to carry
out its contracts and its property is depreciated
and is otherwise irreparably damaged.
The court, on the presentation of the bill, on
March 21 last, granted a preliminary injunction
restraining the defendants and their associates
from doing the acts, or any of them alleged, and
set the hearing for the 29th day of March. The
sheriff's return shows that the foregoing persons
were served with the bill and injunction: Adam
Guy, Wm. McLaughlan, Robert Glover, Ed. F.
Hayes, C. W. Swinsick, Joseph G. Parsell, David
Sterling, George Summers, Wm. Waddell, Harry
Wallock, John W. Kelly, Hugh Coughans, Joseph
Ginter, Rudolph Rudintski, Mike Kamis, Robert
Lindley, Isaac Naylor, Tom Naylor and Walter
Lucas, in Morris Run, and John P. O'Dea, James
Purcell, Patrick Moriarity, Herman Ginsburg and
John Turner, in Blossburg, Tioga county, Pa.,
March 22d, 1905, David Estop, Alexander Hutchinson,
John X. Jenkins, Frank Sheffer, Louis Lubaski,
Edward Carlson. On that day the parties
appeared, the plaintiff by its agents and counsel,
S. F. Channell, H. F. Marsh and Frank S. Hughes.
and the defendants in person and by their counsel,
George W. Merrick, J. A. Gleason and W. M.
Fairman. The defendants
FILLED AN ANSWER DENYING
every material allegation in the plaintiff's bill and
moved the court to dissolve the injunction on the
answer. It was then agreed by counsel represent
ing the respective sides that the evidence be taken
for the final hearing and determination of the case.
This agreement was entered of record.
The witnesses in support of the bill and answer
were produced, sworn and their testimony taken.
When the parties had rested, counsel for the plaintiff
asked leave to amend the bill by adding the
following: "That certain of the defendants and
their associates have from time to time undertaken
to and induced certain employes of the plaintiff
company, by means of persuasion, solicitation
and the use of money to quit the employment of
the said plaintiff company in violation of their contract
with said company." We allowed the amendment
to be filed and will hereafter notice the legal
effect of it and of the evidence given in its support.
From all the evidence adduced we find the
following facts:
The Morris Run Coal Mining Co., is a corporation
organized and doing business under the laws of
Pennsylvania, at Morris Run, in Tioga county.
where it has carried on the business of mining
and shipping of coal for many years, and has given
employment to large numbers of men, among
whom are most of these defendants. There is
at Morris Run a labor organization known as