The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-10
along the same lines The letter fol-

calling attention to the character of
the United Mine Workers of America.
The illegality of that organization is
fully esta biished by the authorities to
which l then referred and it's methods
have since been again condemned by
the circuit courts of the United States
Gu. s. VS.. Weber, ia Fed. Rep. $50; Z.
S. VS. Haggerty. 1l6, Fed Rep. 51O). In
the Weber case too, the court says:
1t is hardly open to serious question
that the ultimate purpose of the union
is not legal
..Sone question has. however. been
made whether the national government
has power to take action against it on
that account and l. therefore. desire to
respectfully submit some considerations
which seem to establish that it has such
power.
'.The statute of July 2. 1890, generally
known as the Sherman act, provides
that Every contract, combination in the
form of trust or otherwise. or con-
spiracy in restraint of trade or COM
merce among the several states or with
foreign nations is hereby declared to be
illegal Commerce among the states be-
gins when the subjects thereof begin to
move to their place of destination and
ends when they are sold. The
mine workers combination constitutes
a restraint upon such commerce. The
view that it does not is based upon the
contention that this combination affects
only DrOQuCl1On OF COdI W1IHln the
and not shipments of coal from one state
to another. It is submitted that this
distinction is without foundation in the
law or the facts.
The authority in support of this view
upon which reliance is principally placed
is the case of u. S. vs.. D. c. knight
Co. 156 L. S. l. In that case several
sugar refineries in Pennsylvania haG
been united in one organization. The
court held that this consolidation of in
terests did not come within the statute
because it affected merely the process of
manufacture and had no necessary
effect upon the shipment of the manu-
factured product out of the state. 1t will
be seen that these facts were widely diff
ferent from those involved in the pres
ent case.
The coal of the country is the most
important subject of its interstate COM
meroe The United Mine Workers con-
sists of a combination of persons en-
ployed in the production Of coal in many
states of the union Its object and effect
are to control the terms upon which
this subject of interstate commerce may
be produced at ALL either for state or
interstate shipments. It's direct and
necessary effect is that no coal shall be
shipped anywhere within the country
unless it so permits. This combina ton,
therefore, not merely restrains but de-
StroyS interstate commerce by prevent
ing the existence Of the Subject-matter
OF such commerce OF the general public
interest and Importance. No more effec-
tive or radical restraint of interstate
commerce could be imagined. The Del
aware & Hudson company was char
tered by the state of New York on April
%, 1928, for the purpose, as expressed in
its charter, of furnishing to the state
of New York a supply of coal found
in the state of Pennsylvania As the
result of the mine workers organization
this interstate commerce of this COR
porati0n has for the time being been in
great part destroyed. Obviously COM
bination which has this direct effect
upon an established interstate business
is in every sense a restraint thereon.
Accordingly. since the Knight case,
it has been settled that combinations
which had the effect of restraining
shipments out of the state are within
the prohibition of the statute In Ad-
dyston Pipe company vs.. L. S. 175 u S.
211, there was a combination of manu-
facturers within certain states which re-
strained shipments by the parties out
of their respective states in competition
with each other; the court said: (P.
240.) The direct and immediate result
of the combination was, therefore
necessarily q restraint upon state com
merce in respect of articles manufac-
tured by any of the parties to it to be
transported beyond the state in which
they were made. In Chesapeake & Ohio
Fuel company VS.. U S. lis Fed. Rep.
$40, there was a combination of all the
miners of coal within a certain territory
to sell all their product to one corpora
ton and the product was in the natural
course of business shipped to other
states. Both of these ordinations were
held unlawful for the reason that they
restrained the movement of the products
of manufacture out of the state save
upon terms dictated by the parties to
the combination. If the fact that a
combination has that direct and neces-
sary effect brings it within the statute,
its form is of no Importance for the
/ statute says that every such combina-
IL =
workers combination does not merely
restrain interstate commerce, but abso-
lutely destroys it.
Can it be seriously claimed that while
a combination which restraints ship
ments of the state would be Illegal one
which absolutely prevents them would
not? Manifestly the greater includes
the less. and combination which d1-
rectly and Immediately destroys inter
state commerce by preventing the exist
ence of its subject-matter is quite as
/ Illegal as one which merely restraints the
shipment of such matter out of the
state Otherwise a combination which
! restrained interstate commerce would
be unlawful, while one which destroyed
it would be beyond the reach of the
law. It is submitted that the national
jurisdiction is subject to no such limi-
tatiOn.
1T seems very clear, therefore, that
a suit would lie against the members
OF the United Mine Workers associa-
tlon as a combination IN restraint OF IN
] terState commerce within the act OF
! July ?, 1890, and that a preliminary III
junction would be granted which could
be enforced by all the power of the ma
tiOnal government This precise course
was followed in the Debs case and was
supported by the courts, not merely on
account of interference with the mails,
but also on the ground of restraint of
shipments from one state to another
(64 Fed. Rep. 724)' It is submitted that
this course would be proper in the pres
ent case. 1t would destroy the illegal
combination to which the present strike
is due. The Delaware & Hudson COM
pany therefore most earnestly requests
that proper action be taken under the
aforesaid statute.
Very respectfully.
DAVID WILCOX
SOLDIERS FIND IT QUIET.
Wilkesbare, Pa, Oct 10-Detach-
NETS of the Ninth regiment and the
Philadelphia Second City troop of cav