The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-29
They AIIege that Operators Who Are
Appealing to Federal Court Have
Violated the Law.
CONTRIBUTIONS POURING IN
MONEY COMES FROM THE VARIOUS
MINING DISTRICTS.
Secretary Wilson Says Commissary
stores May he Establish d-From
the Anthracite Field.

One very important point about the pro-
posed impeachment proceedings on the part
of the mine workers against Judge Jack
son, of West Virginia, is the question of
equity. This phase of the injunction
seems to have generally been overlooked"
said S. NJ. Sexton, editor of the United
Mine Workers Journal, yesterday. yet
il is conclusive evidence that the case had
standing in court. Those who seek
equity must do equitable things. Those
coal companies have violated the mining
laws of West Virginia in almost every
respect. They refuse to recognize
the check-weigh law; the two weeks pay
law; the law prescribing so many cubic feet
Of air to a miner, and ventilation of the
shafts; the stipulated 2,24O pounds as
ton; the law against operationg company
stores and other violations so numerous
that L cannot readily call all to mind.
coal company, guilty of inequity, was
permitted to come into court of chan
Gerry to secure equitable proof inviolating
persons against whom their lawless conduct
has been directed.
II remember a case that is identical with
this one, but which was thrown out of
court when the issues were presented. The
Moreton-Jonas Company. of Minentola, New
Jersey, appealed to Chancellor Woodbridge
Of the Supreme Court of New Jersey, for
an injunction against Dennis F. Hayes
and other members of the American Flint
Glass Workers Union, TO restrain them
from interfering in any way with its work.
men, coming near the companys grounds
and doing certain other things. The judge
granted preliminary injunction. but when
the case came up for final hearing it was
thrown out of court. 1t was shown that
the Moreton-Jonas Company was violating
the child-labor law of New Jersey the
two weeks pay law and the company store
act. The judge said plaintiff in a case
in equity must come into court with clean
hands
AN ILLUSTRATION.
Let me illustrate how the act of Judge
Jackson would appear in other matters
Surprising some of the gamblers against
whom the newspapers of the city are wag-
ing war were to go into court or before
the mayor and ask that the papers be
restrained for damaging their business by
keeping up a fight against them, would
they have any standing in court? They
certinly would not; but such is the situ-
alton in West Virginia-the coal companies
guilty of violating the laws of the State
are now seeking equity in the federal
courts"
Secretary Wilson said yesterday there
was mistake about why the mine workers
are proceeding against Judge Jaskson He
said ii was not because he issued an in
junction against the mine workers, but be-
cause certain phases of the case do NOT
appear to be legal Mr. Wilson saws the
evidence was all in and the arguments
made, but in rendering his decision, Judge
Jackson included matters which were not
produced in evidence and which he had
ruled out of court. The part of his de-
csiOn upon which these charges are based
read: ut is in evidence that after Hag-
gerty was released upon his recogniZance
one of the conditions Of which was that he
should not violate, incite, aid, encourage or
abet the violations of the injunction of the
court granted in this case directly or in
directly, either in spirit or in letter he pre-
sided at public meeting in which the
action of this court was criticised and de-
nounced for granting this injunction, at
which time it is alleged that the principal
speaker up on that occasion stated that
the Judge should be impeached while the
court had their case under advisement'
SECRETARY WILSON'S VIEW.
Mr.. Wilson says this is conclusive EVIL
dence in itself that Judge jackson con-
sidered Haggerty's case after it has been
case TO be reopened for defense evil
dence, but at the same time gave the
matter consideration. Another part Of the
decision upon which ground for impeach-
ing held when the defendants ar
rested. This section reads: THE evidence
discloses that Haggerty, Morgan, Wilson.
Rice and other defendants were present
at this meeting. took active part in it,
applauded the speech of Mrs. Jones, in
dorsed her sentiments and at the time of
their arrest advised the miners to continue
TO strike Mr.. Wilson says the only evil
dence here is against Mother Jones and that
the others were convicted because they
"applauded' her speech and Endorsed her
sentiments"
Contributions continue to come into head
quarters from all sections of the mining
FIELDS. A check was received from the Ala
bama district for $1,000 yesterday. Secre-
tary Wilson says the financial end of the
strike is showing up nicely and that he has
doubt ample funds will be received TO
conduct the strike. AS yet he has not sent
any money to the anthracite field since
the $4,000 voted by the convention was di-
vided among the three striking districts.
The strikers are evidently holding out we'll,
for no plans have yet been arranged for
giving relief Mr.. Wilson says commits
sary stores may be established and pur-
chases of supplies made from the wholesale
dealers jobbers, orders on the United
Mine Workers may be recognized at retail
stores or cash may be paid. he said he
did not think the cash system will be es-
tablished, and that the system Of relief will
likely be one of the first two named.