Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-10-11
coal ROADS AGAINST THE MINERS


s
NEW YORK. Oct lo.--David Wilcox.
..Ire-president and counsel OF the Della
ra-e and Hudson railway. and one OF
those present at the recent conference
called hv President Roosevelt at WASH
jnr1on. has sent 10 President Roosevelt q
letter. demanding that the Federal GOV
ernmcnt proceed against the miners or
SANITATION in The courts, on the ground
thai II is conspiracy 10 prevent interstate
commerce.
Mr.. wilcox. it is said on authority, rep
resents all the coal operators in this sec
zion and was selected as their spokes-
man.
TIE letter was made public in this city.
together with a letter written seVerai
months ego to the President along the
game lines. The letter follows in part:
New York. Oct. S. 1902.
ITO tbe President Of the United States:
"Sir,-Upon June last, ] bad the honor
TO address letter TO yourself. calling
attention 10 the chractcr of the United
Mine Workers of America The iliegailty
Of that organization is fully established
by the authorities TO which i then re-
terred and its methods have since been
again condemned by the circuit courts OF
the United States Omitted States vs.
weber. 1l4 Fed Rep. $50: United states
US. Haggerty. JIG FED. Rep. llo}. In the
Weber case. too. the court said: IL is
hardly open 10 serious question that the
ultimate purpose Of the union is not
legal
..Tba statute of July 9. 1890. generally
known as the Sherman Act. provides that
Every contract combins ton in the form
of trust or otherwise, OF conspiracy IN
restraint of trade or commerce among
the several States. or with foreign ma
lions, is hereby declared 10 be illegal
Commerce among the States begins "hen
she subjects are sold. The question there
fore is whether the mine workers com
btnation constitutes a restraint upon such
commerce.
DESTROYS COAL COMMERCE.
The coal of the country is the most
important subject of its interstate com
merce The mine workers association
consists of a combination Of persons en-
ployed in the production of coal in many
States of the Union. Its object and ef-
feet arc to control the terms upon which
this subject Of interstate commerce may
be produced at all either for State or in
ter-State shipments
Its direct and necessary effort Is that
no coal shall be shipped anywhere in the
county unless it SO permits. This COM
hination. therefore. not merely Restraints.
y
venting the existence of the subject mat
Ter of such commerce of the general pub
iic interest and Importance No more Ell
fectVe or radical restraint of Interstate
commerce could be imagined The Della
ware and Hudson Company was chartered
by the State of New York on April q,
1893, for the purpose, as expressed in its
charter. of furnishing to the State of
New York a supply Of coal found in the
a Ia of Ivan M 1f
the mine workers organization. this inter-
state commerce of this corporation has
been for the time being in great part de-
stroyed Obviously a combination which
has this direct effect upon an established
interstate business is in every. sense a
restraint therein.
II the fact that z combination has that
direct and necessary effect brings it with
In the statute. its form is of no impor-
tance for the statute says that every
such combination is illegal AS already
said. the mine workers combination does
not merely restrain interstate commerce.
but absolutely destroys it. Can it be Sc
Iiously claimed that while a combina-
ton which restraints shipments out of the
State would be Illegal. one which ahso-
lutely prevents them would not? Mani
testify the great includes the less, and a
combination which directly and imme-
preventing the existence of its subject
matter is quite as illegal as one which
merely restraints the shipment of such
matter of the State Otherwise, q COM
hinaton which restrained interstate COM
;nerce would he unlawful. while one
which destroyed it would be beyond the
reach Of the law. 1t is submitted that
the national jurisdiction is subjected TO
nc such limitation.
WANTS A SUIT
TT seems very clear. therefore. that a
suit would lie against the members of the
United Mine Workers Association, as a
combination in restraint of interstate
commerce within the act of July 2, 1889.
Rnd that a preliminary injunction would
ne granted which could be enforced by all
The power of the national government
This precise course WAS followed in the
Debs case and was supported by the
rourts. not merely owing to the interfer-
ence with the mails. but owing also to
the ground of the restraint of shipments
from one State to another. Ca Fed. rep.
s24}. It is submitted that this course
would be proper in the present case. It
would destroy the Illegal combination to
which the present strike is due. The
Delaware and Hudson Company there
fore. most earnestly request that proper
action be taken under the aforesaid
statute Very respectfully,
EFFORT TO START UP MONDAY
WILkESBARRE. PA. October 10-The
operators will make another determined
effort to start UP additional colleries next
Monday, in case the militia cannot fur
nish the necessary protection for the men
who want TO 80 to work. and their fanli-
lies, a number Of local operators will Pc
btion the Governor as to the. ad.-isability
of calling on the President for Federal
troops.
NO NEW CoLLERIES- OPENED.
SCRANTON. PA. October lo-There
were no new collerics opened in this re-
Eion to-day, and the prospect for q gen
sral resumption of work. now. that the
soldiers arc here. does not seem to be
very bright
TIE INCIDENT CLOSED.
NEW YORK, October 10.-There is moth
Jng to Justify the assertion that negotia-
tions will be resumed next Tuesday AS
one OF the coal presidents put it: The in
cident is closed
The publicists. said this gentleman,
"rnade a number of suggestions all of