The bee., 1901-12-26

ing, so far as II was passed upon.
sought provisional remedy only
under the code of practice against
the defendants in that suit, aud the
claim thereto was based upon
grounds which differ materially
from those alleged in this suit:
fourth, the rderrefusing the tempo
rary Injunction in that case " as not
made as final judgment ~ the
court, but the provisional remedy Of
temporary injunction was refused
by the Judge, and no final ju gment
appears TO have been entereo in the
case on the merits fifth, that action,
wnlle Judicial IN character, was
taken IN cause to which the COM
plainant was not a party and for the
most part against persons other than
the defendants in this case, and,
manifestly, upon grounds materially
nlnerent from those asserted here;
sixth, the preliminary refusal by the
Judges thus acting of merely pro-
visional relief upon one state of lacts
and between different parties would
not prevent the granting of the pend
ing motion affecting different par
ties and upon another and substan-
TALLY different state of fact; seventh,
the refusal of an injunction to the
Reinecke Coal Company to restrain
acts directed against that company
alone or jointly with others would
not affect the right of complainant
to the relief sought against acts di-
rected against it, especially when
those acts occurred after its pur-
chase of the property of the older
corporation, and, eighth. to be bar
there must have been a Judgment in
the technical sense and in the suit
to which the complainant was either
a party or to the judgment in which
he'was privy.
The troubles in the coal mining
region in Hopkins, Webster and
Christian counties, and which, for
convenience, will hereafter be called
the Hopkins. county district, and
which have obtained such wide and
unwholesome notoriet ,, arose some
eighteen months ago out of a state
of facts which is briefly as follows:
Certain miners in Indiana and Illi-
nois belonging to labor unions there
complained that certain miners be-
longing to similar associations in
Kentucky were not being paid wages
according to scale fixed in Indian
apolis, and that, therefore, there was
great danger that they could not
themselves maintain that scale.
This complaint resulted in the con-
ception of plan and purpose to
remedv what they considered an un-
satisfactory condition of things.
Agents were thereupon sent to GER
tain parts of Kentucky to bring
about an increase of the pay of tue
miners there. AS result of this an
agreement was reached with the
operators at certain localities, not
ably at Central City, who employed
laborers belonging to the union, and
these operators consented to advance
their scale of wages upon condition
that a certain per cent of the opera
tors ir the Western Kentucky coal
fields would do the like, and this
has probably been one of
the most fruitful sources of all the
troubles, all of which
grew out of the attempts of the Uni
ted Mine Workers to cOerce the con-
sent of the necessary per centage of
the other operators to put in force
the agreement made at Central City.
In the Hopkins county district
large mines were being successfully
conducted with non-union labor and
both employers and employees were
not only prospering, but were mutu-
ally entirely satisfied. In order to
carry into effect the agreement re-
ferred to it was thought essential to
disrupt those cordial and satisfac-
tory relations between the non-union'
laborers and their employers in the
Hopkins county district, and by
compelling the former to join the
of United Mine Workers
the latter would lie forced to yield