The Birmingham age-herald., 1902-10-11


 ware and Hudson Railroad company. has written the following letter to President Roosevelt demanding that the fedora government proceed against the miners;
 New York. October g. 1902. ''To the President of the United States:
 'Sir-On June last l had the honor to address letter to yourself calling att tention to the character Of the United Mine Workers of America. The illegality of that organization is established by the authorities to which l then referred and it's methods have since been again con demned by the circuit courts Of the Unit ed States. GU. s. vs. Weber, IA Fed Rep. 95o; U. s. vs. Hagerty, 116 Fed. Rep, 570l
 Union Declared Illegal.
 Tn the Weber case, too. the court said: e It Is hardly open 10 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 il on that account, and l therefore desire | to respectfully submit some eonsdera- ton which seems to establish that it has such power.
 "The statute of July ?. 1890. generally l known as the sherman act, provides that every contract, combination in the 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 to their place of destination and ends when they are sold. The question there- fore is whether the mine workers combi- nation constitutes a restraint upon such commerce. The view that 1t does not is based upon contention that this combipa- af of " l- in the states, and not shipments of coal from one state to another. It is submitted that this distinction is without founda- tion in the law or in the facts.
 The authority in support Of this view upon which reliance principally placed in the case of United States vs. D. O. Knight company, 165 United States. In that case several sugar refineries in Pennsylvania had been united to one organization. The court held that the consolidation of in terests did not come within the state be- cause it affected merely the process or manufacture and had no necessary eff feet upon the shipment of manufactured product out of the state It will be seen that these facts were widely different from those involved in the present case. Miners Control Mines.
 "The supply Of coal for the country is the most important of interstate com merce The United Miners association consists of a combination of persons eni- ployed in the production of coal in ifany states of the union. Its opJect and erect are to control the terms upon which this subject of interstate commerce may he pro duced at all, either for state or inter- state shipments. Its direct and neces- l sary effect is that no ooal shall be shipped 1 anywhere within the country until 1t so permits. This combination therefore, moi merely restraints, but destroys interstate c--Slmerce of the general public interest and importance. No more effective or rad' ical restraint of interstate commercs l could be imagined.
 ''rhe Delaware and Hudson company was chartered by the state of New Yori l on April 23, 1923, for the purpose, as ex' pressed in. it's charter. of furnishing to tho I state of New York supply of coal fount l in the state of Pennsylvania. As the re | suit of the mine workers organization this interstate commerce of this corpoi ation has been for the time being 1T great part destroyed. Obviously combin ation which has this direct effect upor an established interstate business is il every sense Q restraint thereon.
 Many Cases Cited.
 Accordingly, since the Knight case, i has been settled that combinations whicl had the effect of restraining shipment.
 
 ton of the statute. In Addyston Pipe company vs. U. s.. 115. U. S. 2l5 there was a combination of manufacturers 1 within certain states which restrained shipments by the parties out of their re- spective states in competition with each other; the court said (p. 240) the direct 1 and immediate result of the combination was thereof necessity restraint upon | state commerce in respect to articles manufactured by any of the parties to fl | to be transported beyond the state In | which they were made. 'In Chesapeake and Ohio Fuel company vs, U S. 115 Fed Rep, BIO, there was g l combination of all the miners of coa | within a certain territory to sell all theil l product to one corporation and the prod | uct was in the natural course of business | shipped to other states. Both of thes combinations were held unlawful for tn reason that they restrained the move ment of the products of men out of tn state save upon terms dictated by tn parties to the combination. The fac that a combination has a direct and nee essary effect brings it within the statute it's form Is of no importance, for the sta ute says that every such combination illegal.
 Union Is Destructive.
 "As already said tke mine workers | combination does not merely restrain lh terstate commerce, but absolutely de stroys It. Can it be seriously claime that while a combination which restrain shipments of state will be legal, on which absolutely prevents them woul not? Manifestly the greater includes tn less, and a combination which directl, and immediately destroys interstate commerce by preventing the existence O its subject matter is quite as illegal a one which merely restraints interstat commerce would be unlawful, while on which destroyed 1t would be beyond tn reach of the lew. It is submitted tha the national jurisdiction is subject to n such limitation.
 Ut seems very clear. therefore. that suit would lie against the members c the United Mine Workers association a combination in restraint of interstat commerce within the act of July 2, lS9' and that a preliminary injunction shoul be granted which could be enforced by al the powers of the national government This precise course was followed in tn Debs' case and was supported by tn courts, not merely on account of inter ference in the mails but also on tn ground of restraint of shipment from on state to another. It is submitted tha this course would be proper In the cass | It would destroy the illegal eombinatio | to which the present strike is due. Tn | Delaware and Hudson company therefor l | most earnestly requests that proper aC l tion be taken under the aforesaid statuti | Very respectfully, DAVID WILCOX" | ----------s.------
 Tour of Troons