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Copyright, 1897, by The Outlook Company.

Entered as second-class matter in the New York Post-Office.

SHOLL

THE WEEK:

The Miners' Strike..

969

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CONTENTS FOR 21 AUGUST, 1897

Some Mornings in the Public Schools.. 993

By Lillian W. Betts

Professor Harnack and New Testament
Criticism..

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The Outlook is a Weekly Newspaper, containing this week 68

pages.

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THE OUTLOOK COMPANY,

13 Astor Place, New York.

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Vol. 56

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Published Every Saturday

August 21, 1897

GAIN last week the history of the coal strike, at least in the West Virginia and Pennsylvania fields where the struggle centers, was little more than a record of the granting and serving of injunctions. In Illinois, however, where public order was also believed to be threatened by crusading strikers, the ordinary processes of law proved ample to preserve it. The Mayors of two towns, Coffeen and Decatur, issued proclamations forbidding companies of strangers to enter their precincts, and no difficulty was experienced in preventing such assemblages as threatened In Pennsylvania, however, although the Sheriff preferred to deal with the marching strikers under State law, the officers of the coal companies, according to the dispatches, protested that the action of grand and petit juries was too uncertain; and the Sheriff, acquiescing, dispersed the strikers by the reading of a temporary injunction granted by local judges. These injunctions of the local courts were relatively well received by the strikers. They noted the fact that they were only forbidden to march "in proximity to the mines. . . for the purpose, by intimidation, menaces, threats, and opprobrious words, of preventing the miners from working." The leaders of the miners said that they too had enjoined the men not to use any of the forbidden means to keep miners from working, and claimed that they had, therefore, a perfect right to march on the public roads "in proximity" to the De Armitt mines. By the advice of their lawyer, however, they gave up their marches until after the hearing upon this injunction, which was reasonably set for Monday of this week.

In West Virginia, however, Judge Jack son's injunctions continue to arouse bad

No. 17

feeling. The miners naturally did not know how much was forbidden, and a public meeting, addressed by President Gompers, of the Federation of Labor, was held at Fairmount, in the Monongah district, to ascertain whether such an assemblage would be interfered with by the officers of the court. No interference took place, and the men felt that a larger liberty might safely be assumed. At the close of the week, however, Judge Jackson granted six more injunctions to six more coal companies forbidding the strikers from in any manner interfering with the plaintiffs' employees while they may be passing to and from their work in said mines on and near plaintiffs' premises." A hearing upon this injunction may be had not earlier than September 7

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or three weeks from the date of its issue. Whether it is dissolved or not, the miners and their sympathizers all over the country will retain a strong feeling that the Federal Court has strained its powers against them.

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Circuit Court, has granted another injuncJudge Simonton, of the United States tion most obnoxious to the temperance people of South Carolina. Three months ago, it will be recalled, Judge Simonton startled the intelligent laity of the country by declaring that, inasmuch as South Carolina did not prohibit the sale of liquor, it had no right to interfere with the free sale of States. The United States statute which "original packages" imported from other he was interpreting runs as follows:

All intoxicating liquors transported into any State or Territory... shall, upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory, enacted in the exercise of its police powers, to the same extent and in the same manner as

though such liquids or liquors had been produced in such State of Temtory, and shall not be ex

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empt therefrom by reason of being introduced therein in original packages or otherwise. The device through which Judge Simonton managed to declare that original packages were not subject to the Dispensary Law was a novel definition of "police powers." The Maine and Kansas statutes, he ruled, were "enacted in the exercise of police powers" because they prohibited the sale of intoxicating liquors, but the South Carolina statute was not "enacted in the exercise of police power' because it merely prohibited saloons, and t secured a public revenue by giving State officials an exclusive right to sell liquor s not to be drunk on the premises.

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Under this decision from the United States Circuit Court, the despairing liquordealers of South Carolina opened many "original package" saloons, and began to sell small packages of liquor. The State officials, while protesting vigorously against the fairness of Judge Simonton's decision, took care not to put themselves in contempt by disobeying his injunction not to interfere with the sale of "original packages." When, however, single bottles were sold as original packages though imported by the car-load, the officials felt that they had a right to interfere. Again, however, Judge Simonton has decided in favor of the liquor-sellers. On Tuesday P of last week he ruled that where "each of the bottles was delivered to the common carrier singly, sealed and marked, and transported in a car of the carrier, and so received and offered for sale in the same form in which it was shipped, each bottle is an original package." The liquordealers in South Carolina are, of course, jubilant. Though they may not sell single bottles to be drunk on the premises, they expect to do a considerable business until Senator Tillman's bill, already passed by the Senate, becomes law, and the Federal statute relating to original packages explicitly applies to South Carolina conditions. The remarkable success of the dispensary system, despite the violence of partisan opposition, is set forth in Mr. Bacon's article on another page.

Judge Showalter, of the United States Circuit Court, has disappointed the people of Indianapolis by refusing to dissolve his

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