Coal miners -- United States -- Fiction; Coal mines and mining -- United States -- Fiction; Labor movement -- United States -- Fiction
“Counsel contend that the closed precincts were an ‘industrial
necessity,’ and for such reason the conduct of the coal companies during
the campaign was justified. However such conduct may be viewed when
confined to the private property of such corporations in their private
operation, the fact remains that there is no justification when they
were dealing with such territory after it had been dedicated to a public
use, and particularly involving the right of the people to exercise
their duties and powers as electors in a popular government.
“The fact appears that the members of the board of county commissioners
and all other county officers were Republicans, and as stated by counsel
for the contestees, the success of the Republican candidates was
considered by the coal companies, vital to their interests. The close
relationship of the coal companies and the Republican officials and
candidates appears to have been so marked both before and during the
campaign, as to justify the conclusion that such officers regarded their
duty to the coal companies as paramount to their duty to the public
service. To say that the closed precincts were not so created to suit
the convenience and interests of these corporations, or that they were
not so formed with the advice and consent of these corporations, is to
discredit human intelligence, and to deny human experience. The plain
purpose of the formation of the new precincts was that the coal
companies might have opportunity to conduct and control the elections
therein, just as such elections were conducted. The irresistible
conclusion is that these close precincts were so formed by the county
commissioners with the connivance of the representatives of the coal
companies, if not by their express command.
“There can be no free, open and fair election as contemplated by the
constitution, where private industrial corporations so throttle public
opinion, deny the free exercise of choice by sovereign electors, dictate
and control all election officers, prohibit public discussion of public
questions, and imperially command what citizens may and what citizens
may not, peacefully and for lawful purposes, enter upon election or
public territory....
“We find no such example of fraud within the books, and must seek the
letter and spirit of the law in a free government, as a scale in which
to weigh such conduct....
“The denial of the right of peaceful assemblage, can have been for no
other purpose than to influence the election. There was no disturbance
in any of these precincts after they were created, up to the time of the
election, and up to the time of this trial. The Federal troops were
present at all times to preserve the peace and to protect life and
property. There was no reason to anticipate any disturbance. Therefore
this bold denial was an inexcusable and corrupt violation of the natural
and inalienable rights of the citizens.
Public-domain text, read in full here on John Shaqi.
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