The Montgomery advertiser., 1902-10-11
RECOGNITION REFUSED
Continued from Page one.)
eral months ago to the President along
the same lines. The letter follows:
New York Oct s, 1902


ITO the President of the United States:
'Sir-Upon June last I had the honor
to address letter to yourself calling
attention to the character Of the United
Mine Workers Of America. The Illegally
Of that organization Is fully established
by the authorities to which 1 then re-
ferred. and its methods have since been
again condemned by the Circuit Courts
Of the United States Omitted States VS..
Weber. ia Fed. Rep. $50; United States
We. Haggerty. 116. Fed. Rep, 5l0) In the
Weber case. too, the court said:
Power of Government.
ut is hardly open to serious question
that the ultimate purpose of the union is
not legal Some question has, however.
been made whether the national govern
ment has power to take action against 1t
on that account, and l. therefore. desire
to respectfully submit some considera-
tons which seem to establish that 1t has
such power.
The statute of July 2, 1890, generally
known as the Sherman act provides that
every contract. combination in form of
trust or otherwise or conspiracy in re-
straint Of trade, or commerce among the
several States, or with foreign nations,
Is hereby declared to be Illegal
Commerce among the States begins
when the subjects thereof begin to move
their place Of destination and ends when
they are sold. The question. therefore. Is
whether the mine workers combination
constitute sa restraint upon such COM
merce. '-t'
THE coal of the country is the most
important subjec- 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 eff
feet are to control the terms upon which
this subject of Interstate commerce may
he produced at all. either for State or
interstate shipments. Its direct and
necessary effect Is that no coal shall be
shipped anywhere within the country, I'M
less 1t SO permits This combination.
therefore, not merely restraints but de-
stroys Interstate commerce of the gen.
eral public interest and Importance. No
more effective or. radical restraint or
Interstate commerce could be imagined.
The Delaware and Hudson Company
was chartered by the State of New York
on April %, 1923. for the purpose. as
expressed in it's charater. of furnishing
to the State of New York a supply of
coal found in the State of Pennsylvania.
As a result of the mine workers organi-
cation this Interstate commerce of this
corporation has been for the time being
in great part destroyed. Obviously a
combination which has this direct effect
upon an established Interstate business
is in every sense a restraint thereon.
Destroys Commerce.
THE mine workers combination does
not merely restrain Interstate commerce.
but absolutely destroys it. Can it be
seriously claimed that while a combina-
ton which restraints shipments of the
State would be illegal, one which abso-
lutely prevent them would not? Mani
testify the greater includes the lesser and
a combination which directly and imme-
diately destroys interstate commerce by
preventing the existence of its subject
matter is quite as illegal as one which
merely restraints the shipment of such
matter out of the State. Otherwise
combination which restrained Interstate
commerce would be unlawful while one
which destroyed 1t would be beyond the
reach of the law 1t is submitted that
the national Jurisdiction Is subject TO no
such limitation.
ut seems very clear, therefore, that
a suit would lie against the members OF
tho limited Mine Workers Association as
a combination in restrain of Interstate
commerce within the act of July 2, 1890
and that preliminary injunction should
he granted which could be enforced by
all the powers of the National Govern
ment. This precise course was followed i'll
the Debs case, and was supported ny the
courts, not merely on account or inter-
ference with the mails but also on the
ground of restraint of shipments from
one State to another. 1t is submitted that
this course would be proper in the present
case. 1t would destroy the illegal combi-
nation to which the present strike is due.
The Delaware and Hudson Co, therefore
most earnestly requests that proper ac-
ton he taken under the aforesaid statute.
Very respectfully,
David Wilcox"