The bee., 1901-12-26
Granted by Judge Walter Evans
in the Reinecke Mining
Company Case.
FULL TEXT OF THE INJUNCTION.
Vigorous Review of the Facts and
Evidence in the Case.
STRONG DENuNcIATlON OF LAWLEssNEss

LOUISVILLE, N.Y. OcCs AO.-J uuBO
Walter Evans, in the United States
District Court, today handed down
an opinion in the case of the Rein
ecke Coal Mining Company against
James d. Woad ct al, sustaining
the complaintant's motion for an in
junction pendente lite against the
union mining officials and their as
sociates in the Hopkins county coal
mining districts.
Judge Evans opinion is couched
in emphatic language, and the prin-
ciples of law upon which it is based
are clearly set forth. BY this deci-
sion the union miners are enjoined
from maintaining an armed camp
in the vicinity of the complaintant's
mines, from intimidating or attempt
ing to intimidate the present en-
ployes of the Reinecke Coal Mining
Company, from attempting to in
duce miners to quit their employ
ment, or from accepting employ
ment at the hands of the complaint
ants.
A special term of the United
States Court will be called at Owens
boro today to receive and execute
Judge Evans orders relative to the
enforcement of the injunction.
Immediately upon the reading Of
the opinion, Attorney r. Y. Thomas,
representing President James ID.
: SvVoodsanti 0tl4er officials Of the Unit.
ed Mine Workers of Kentucky,
served notice upon the court that an
appeal would be taken to the United
States Court of Appeals.
Mr.. Thomas will prepare his petit
tion for appeal and the assignment
of error today, and will file same to-
morrow.
The Opinion
Judge Evans opinion IN full is as
follows:
United States Circuit Court. West
ern District of Kentucky, at
Owensboro. The Reinecke Coal
Mining Company, complainant,
VS.. James ID. Wood ct al, defend
| antS.-OplDlOn.
The complainant corporation, a
| citizen of the State of Delaware,
which owns and operates a large
l coal mine in Hopkins county, KY,
q on November ~, 1901, exhibited its
bill of complaint against certain
i. persons belonging to an association
known as the United Mine Workers
of America, some of the defendants
being officers of section of that or
ganization.
:, The organization is labor union
association, and the bill complains
of certain acts of the defendants by
'r which il is alleged that the property
of the complainant is threatened
with great and irreparable injury
and seeks such relief as it may be in
the power of the court to give. Up
u on the institution of the action a
h temporary restraining order was
granted by the Judge. and the pend
: ing motion was subsequently made
v for an injunction pendente lite ac-
!, cording to the prayer of the bill. By
II certain parts of the answer OF the
g defendants, as amended, that mo-
tion is opposed upon the ground that
IL the Reinecke Coal Company, Ken
V lucky corporation, which owned the
mining property of the complainant
up to the 9th day of November, 1901 ,
e and which, on or about that day,
transferred all it's property to the
{ complainant, was the only person
e wronged, If anyone was, by the al
legged acts of the defendants, and
s. that none of those acts in any way
v affected the complainant, but only
it's predecessor in the ownership of
l, the property. 1t is indeed quite true
e that the defendants should not be
enjoined il their acts were only di-
IL rected against another person than
l. the complainant and especially If
= the complainant is threatened with
u no injurious results from the con-
n duct of the defendants. But the
court finds from the evidence sub
7, mitted to it that while the history of
le the transactions in the course of
which the troubles complained of
III arose, shows that the old company
It was the one aimed at, yet it also
shows that the results sought by the
L defendants cannot be accomplished
It without pursuing the same course
toward the complainants, and the
y court finds from the evidence that
n up to the time Of the filing of the bill
l, of complaint and the issuance of the
III restraining order in this case there
N was no cessation of the efforts of the
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