United States v. Sweeney

• Citation: 95 F. 434
• Parties: UNITED STATES v. SWEENEY. SAME v. TALLEMENE et al. SAME v. HEFFLEY. SAME v. BARRICK et al. SAME v. LINGO et al. SAME v. BRUNCH et al.
• Decision Date: 22 July 1899
• Court: U.S. District Court — Western District of Arkansas

95 F. 434

UNITED STATES v. SWEENEY. SAME v. TALLEMENE et al. SAME v. HEFFLEY. SAME v. BARRICK et al. SAME v. LINGO et al. SAME v. BRUNCH et al.

United States Circuit Court, W.D. Arkansas, Fort Smith Division.

July 22, 1899

(Syllabus by the Court.)

It is settled law that the court had jurisdiction of the case in which the original injunction was granted. Wire Co. v Murray, 80 F. 811; Mackall v. Ratchford, 82 F 41; U.S. v. Debs, 64 F. 724; In re Debs, 15 Sup.Ct. 900, 158 U.S. 573.

There is no settled practice in contempt proceedings. The proceedings in this case conform to the practice elsewhere but, if irregular, no question of irregularity has been raised. For practice in contempt proceedings, see Fischer v. Hayes, 6 Fed. 76; U.S. v. Memphis & L. R. R. Co. Id. 237; U.S. v. Wayne, 28 F. Cas. 504.

Parties cannot conclusively purge themselves of contempt by filing answers denying acts alleged against them. U.S. v. Debs, 64 F. 725; In re Debs, 15 Sup.Ct. 900, 158 U.S. 594.

That the court has the power, and that it is its duty, to punish a person violating its injunction, is a principle universally recognized, and as old as equity jurisprudence. Wire Co. v. Murray, 80 F. 811; In re Debs, 15 Sup.Ct. 900, 158 U.S. 595.

'To render a party amenable to an injunction, it is not necessary that he should have been a party to the suit in which the injunction was issued, nor to have been actually served with a copy of it, so long as he appears to have had actual notice. ' Ex parte Lennon, 17 Sup.Ct. 658, 166 U.S. 549.

A person who violates an injunction is not entitled, under the constitution, to a trial by jury. In re Debs, 15 Sup.Ct. 900, 158 U.S. 599.

'A court enforcing obedience to its orders by proceedings for contempt is not executing the criminal laws of the land, but only securing to suitors the rights which it has adjudged them entitled to. ' In re Debs, 15 Sup.Ct. 911, 158 U.S. 599.

The fourteenth amendment to the constitution of the United States secures, not only the right of the citizen to be free from mere physical restraint of his person, but to be free in the enjoyment of all his faculties; to use them in all lawful ways; to live and work where he will, and earn his livelihood in any lawful manner; to pursue any livelihood or avocation, and for that purpose to enter into all contracts that may be proper, necessary, and essential to his carrying out the purposes above mentioned. Butchers' Union Slaughter-House Co. v. Crescent City Live-Stock Landing Co., 4 Sup.Ct. 652, 111 U.S. 757; Allegeyer v. Louisiana, 17 Sup.Ct. 427, 165 U.S. 589.

Where two or more persons combine with the intent to do an unlawful thing, and, in the prosecution of the unlawful enterprise, commit some crime not originally contemplated, all are equally guilty, under the law. U.S. v. Kane, 23 F. 751.

James K. Barnes, U.S. Atty., and Jos. M. Hill, for the United States.

William M. Cravens and Edgar E. Bryant, for defendants.

ROGERS District Judge.

The above cases were consolidated for the purposes of trial, and one opinion will be delivered. The importance of these cases makes it necessary that a brief resume of the facts and circumstances, as shown by the record, leading up to these prosecutions, be stated:

On the 22d day of April, 1899, the Kansas & Texas Coal Company filed its bill in equity in this court against William Denney and others (whose names will hereafter appear), and prayed for an injunction. A temporary restraining order was issued, and service had upon the defendants. None of the defendants ever entered their appearance, and on the 6th day of June a decree pro confesso was had, and afterwards, on the 7th day of July, 1899, a final decree was rendered, and the injunction made perpetual. The bill, in apt terms, alleged that said company was a corporation organized under the laws of the state of Missouri, and a citizen and resident of that state, and that the defendants were citizens of the state of Arkansas, and residents of the Ft. Smith division of the Western district of Arkansas. The defendants were William Denney, Thomas Sweeney, Dave McLane, Hugh Gaffney, Virgil Davenport, Dan Bales, Charley Robinson, George Williams, William Law, W. P. Fitzgerald, Charlie Parr, George Bunch, Gus Galloway, Bruce Jordan, Lee Anderson, A. Mottslinger, James McNelly, Tom McGuire, J. A. Piland, Lee Shaw, George Simmons, Jonathan Thomas, J. L. Tracy, J. K. Miller, and the officers and members of the local (or Huntington) union or society of the United Mine Workers of America, District No. 21. Service of subpoena in chancery, and the injunction was duly served upon all of them, except Victor King and A. Mottslinger, against whom no decree was taken. In addition to the service, the plaintiff company caused said injunction to be printed on handbills about 12 by 20 inches in size, and the marshal posted the same in many of the most public places in the town of Huntington, upon the company property, and along the public highways between plaintiff's mines and the town, and also distributed large numbers of them to the strikers and others.

The bill alleges, in substance, the following facts:

That said company own large property interests in the state of Arkansas, situate at and near the town of Huntington, in the county of Sebastian, in the Ft. Smith division of the Western district of Arkansas. That it has been engaged in the business of mining and selling coal in said town, and has property there used and employed in the said business of the value of many thousands of dollars. That during the month of February, 1899, and prior thereto, it had employed in its mines at Huntington, Arkansas, about four hundred miners, who were actively engaged in mining coal for it, who were making fair wages for their labor, and doing their work to the satisfaction of the plaintiff, and, so far as plaintiff is informed and believes, its employment was satisfactory to its miners. That there is an organization called the United Mine Workers of America, which has districts, and that Western Arkansas and Indian Territory constitute district No. 21 of said organization. That about the 23d or 24th day of February, Albert Struble, president, S. F. Brackney, secretary, and G. W. Britton and Daniel Bales, as an executive board, caused to be delivered to the plaintiff, through the hands of Thomas Sweeney, who was then the president of a local subdivision of said organization known as the United Mine Workers of America, the following proposed agreement:

'Article of agreement made and entered into this . . . day of . . ., 1899, between United Mine Workers of America, District 21, and the operators in the above-named district:

'Scale.

'(1) All coal shall be weighed before being screened, and two thousand pounds shall constitute a ton. (2) There shall be run of mine at 60 cents per ton for the Indian Territory, and 56 cents per ton, run of mine, for Arkansas, except the Russellville and Spadra districts. The Russellville district shall be 57 1/2 cents per ton, run of mine, and for the Spadra district 60 cents per ton, run of mine; two thousand pounds to be a ton. And we further request that the maximum distance for pushing cars at Russellville, Denning, Spadra, Ouita, and Coal Hill shall be fifty yards. (3) That the question of yardage and dead work be left to individual locals for settlement by agreement or arbitration. (4) That the relative difference between pick miners and machine men remain the same, except that the loaders shall receive 30 cents per ton, run of mine, (5) Miners and mine laborers shall be paid every two weeks. (6) There shall be an uniform price of $1.75 per keg for powder. (7) Also an uniform price for

drivers of $2.25 per shift. (8) Also an uniform price for trappers of $1.00 per shift. (9) Further, that timbermen, track layers, cagers, rope riders, and slope switchmen shall receive not less than $2.25 per shift. (10) When the driver receives a car of coal, and after it leaves the miner's room, it is in charge of the company, and the company shall be responsible for it,--therefore the average weight be paid for broken cars; and, further, the company shall keep all cars in good shape, with full doors and ends. (11) Shot firers shall receive not less than $2.75 per shift. (12) The operators of this district of Arkansas and the Indian Territory shall not discriminate against the United Mine Workers of America. (13) The operators of this district shall grant the check-off system. (14) Dumpers shall receive not less than $1.80 per shift, and car trimmers and other top hands shall receive not less than $1.60 per shift.

'This scale shall be in operation from the 1st day of March, 1899, until the 31st day of August, 1899.

'We, the parties of the second part, composed of the mine operators known as . . ., so hereby agree with the parties of the first part, composed of the United Mine Workers of America, of District 21, comprising Arkansas and the Indian Territory, to pay the prices and comply with the conditions named in the above scale formulated by the parties of the first part.

'Witness our hands this . . . day of . . ., 1899.

'(Signed)

'. . . Albert Struble, Pres.,

'. . . S. F. Brackney, Sect.,

'. . . Geo. W. Britton,

'. . . Daniel Bales,

'. . . 'Executive Board.'

That the said Thomas Sweeney, when he delivered said proposed agreement to plaintiff, notified in that, unless said agreement was signed, plaintiff's mines at Huntington would be closed down. That plaintiff did not sign the agreement, and on the 28th day of February, 1899, its miners at Huntington, with a few exceptions, did not return to work. That on the 1st of March, and every day thereafter, plaintiff had been ready, willing, and...